SESSION I INTRODUCTION AND OVERVIEW HS 178 R2/06

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2 PREFACE The prcedures utlined in this manual describe hw the Standardized Field Sbriety Tests (SFSTs) are t be administered under ideal cnditins. We recgnize that the SFSTs will nt always be administered under the ideal cnditins in the field, because such cnditins will nt always exist. Even when administered under less than ideal cnditins, they will generally served as valid and useful indicatrs f impairment. Slight variatins frm the ideal, i.e., the inability t find a perfectly smth surface at radside, may have sme affect n the evidentiary weight given t the results. Hwever, this des nt necessarily make the SFSTs invalid.

3 SESSION I INTRODUCTION AND OVERVIEW HS 178 R2/06

4 SESSION I INTRODUCTION AND OVERVIEW Upn successfully cmpleting this sessin, the participant will be able t: State the gals and bjectives f the curse. Describe the curse schedule and activities. Demnstrate their pre-training knwledge f curse tpics. CONTENT SEGMENTS LEARNING ACTIVITIES A. Welcming Remarks and Objectives Instructr-Led Presentatins B. Administrative Details C. Pre-Test Written Examinatin HS 178 R2/06

5 DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING TRAINING GOALS AND OBJECTIVES 1. Ultimate Gal T increase deterrence f DWI vilatins, and thereby reduce the number f crashes, deaths and injuries caused by impaired drivers. 2. Enfrcement-Related Gals a. Understand enfrcement's rle in general DWI deterrence. b. Understand detectin phases, clues and techniques. c. Understand requirements fr rganizing and presenting testimnial and dcumentary evidence in DWI cases. 3. Jb Perfrmance Objectives As a result f this training, participants will becme significantly better able t: a. Recgnize and interpret evidence f DWI vilatins. b. Administer and interpret Standardized Field Sbriety Tests. c. Describe DWI evidence clearly and cnvincingly in written reprts and verbal testimny. 4. Enabling Objectives In pursuit f the jb perfrmance bjectives, participants will cme t: a. Understand the tasks and decisins f DWI detectin. b. Recgnize the magnitude and scpe f DWI-related crashes, deaths, injuries, prperty lss and ther scial aspects f the DWI prblem. c. Understand the deterrence effects f DWI enfrcement. d. Understand the DWI enfrcement legal envirnment. HS 178 R2/06 I-1

6 e. Knw and recgnize typical vehicle maneuvers and human indicatrs symptmatic f DWI that are assciated with initial bservatin f vehicles in peratin. f. Knw and recgnize typical reinfrcing maneuvers and indicatrs that cme t light during the stpping sequence. g. Knw and recgnize typical sensry and ther clues f alchl and/r ther drug impairment that may be seen during face-t-face cntact with DWI suspects. h. Knw and recgnize typical behaviral clues f alchl and/r ther drug impairment that may be seen during the suspect's exit frm the vehicle. i. Understand the rle and relevance f psychphysical testing in pre-arrest screening f DWI suspects. j. Understand the rle and relevance f preliminary breath testing in pre-arrest screening f DWI suspects. k. Knw and carry ut apprpriate administrative prcedures fr validated divided attentin psychphysical tests. l. Knw and carry ut apprpriate administrative prcedures fr the Hrizntal Gaze Nystagmus test. m. Knw and recgnize typical clues f alchl and/r ther drug impairment that may be seen during administratin f the Standardized Field Sbriety Tests. n. Understand the factrs that may affect the accuracy f preliminary breath testing devices.. Understand the elements f DWI prsecutin and their relevance t DWI arrest reprting. p. Chse apprpriate descriptive terms t cnvey relevant bservatins f DWI evidence. q. Write clear, descriptive narrative DWI arrest reprts. HS 178 R2/06 I-2

7 5. Additinal Training Gals and Objectives a. If the fur-hur (Intrductin t Drugs That Impair) r eight-hur (Drugs That Impair Driving) mdules are presented as part f the SFST training prgram, the gals and bjectives fr thse mdules are listed in the apprpriate manuals. HS 178 R2/06 I-3

8 ATTACHMENT(S)

9 ATTACHMENT GLOSSARY OF TERMS ALVEOLAR BREATH - Breath frm the deepest part f the lung. BLOOD ALCOHOL CONCENTRATION (BAC) - The percentage f alchl in a persn's bld. BREATH ALCOHOL CONCENTRATION (BrAC) - The percentage f alchl in a persn s breath, taken frm deep in the lungs. CLUE - Smething that leads t the slutin f a prblem. CUE - A reminder r prmpting as a signal t d smething. A suggestin r a hint. DIVIDED ATTENTION TEST - A test which requires the subject t cncentrate n bth mental and physical tasks at the same time. DWI/DUI - The acrnym "DWI" means driving while impaired and is synnymus with the acrnym "DUI", driving under the influence r ther acrnyms used t dente impaired driving. These terms refer t any and all ffenses invlving the peratin f vehicles by persns under the influence f alchl and/r ther drugs. DWI DETECTION PROCESS - The entire prcess f identifying and gathering evidence t determine whether r nt a suspect shuld be arrested fr a DWI vilatin. The DWI detectin prcess has three phases: Phase One - Vehicle In Mtin Phase Tw - Persnal Cntact Phase Three - Pre-arrest Screening EVIDENCE - Any means by which sme alleged fact that has been submitted t investigatin may either be established r disprved. Evidence f a DWI vilatin may be f varius types: a. Physical (r real) evidence: smething tangible, visible, r audible. b. Well established facts (judicial ntice). c. Demnstrative evidence: demnstratins perfrmed in the curtrm. d. Written matter r dcumentatin. e. Testimny. FIELD SOBRIETY TEST - Any ne f several radside tests that can be used t determine whether a suspect is impaired. HORIZONTAL GAZE NYSTAGMUS (HGN) - An invluntary jerking f the eyes as they gaze tward the side. HS 178 R2/06 1

10 ILLEGAL PER SE - Unlawful in and f itself. Used t describe a law which makes it illegal t drive while having a statutrily prhibited Bld Alchl Cncentratin. NYSTAGMUS - An invluntary jerking f the eyes. ONE-LEG STAND (OLS) - A divided attentin field sbriety test. PERSONAL CONTACT - The secnd phase in the DWI detectin prcess. In this phase the fficer bserves and interviews the driver face t face; determines whether t ask the driver t step frm the vehicle; and bserves the driver's exit and walk frm the vehicle. PRE-ARREST SCREENING - The third phase in the DWI detectin prcess. In this phase the fficer administers field sbriety tests t determine whether there is prbable cause t arrest the driver fr DWI, and administers r arranges fr a preliminary breath test. PRELIMINARY BREATH TEST (PBT) - A pre-arrest breath test administered during investigatin f a pssible DWI vilatr t btain an indicatin f the persn's bld alchl cncentratin. PSYCHOPHYSICAL - "Mind/Bdy." Used t describe field sbriety tests that measure a persn's ability t perfrm bth mental and physical tasks. STANDARDIZED FIELD SOBRIETY TEST BATTERY - A battery f tests, Hrizntal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand, administered and evaluated in a standardized manner t btain validated indicatrs f impairment based n NHTSA research. TIDAL BREATH - Breath frm the upper part f the lungs and muth. VEHICLE IN MOTION - The first phase in the DWI detectin prcess. In this phase the fficer bserves the vehicle in peratin, determines whether t stp the vehicle, and bserves the stpping sequence. VERTICAL GAZE NYSTAGMUS - An invluntary jerking f the eyes ( up and dwn) which ccurs when the eyes gaze upward at maximum elevatin. WALK-AND-TURN (WAT) - A divided attentin field sbriety test. HS 178 R2/06 2

11 SESSION II DETECTION AND GENERAL DETERRENCE HS 178 R2/06

12 SESSION II DETECTION AND GENERAL DETERRENCE Upn successfully cmpleting this sessin, the participant will be able t: Describe the frequency f DWI vilatins and crashes. Define General Deterrence. Describe the Relatinship between Detectin and General Deterrence. Describe a brief histry f alchl; Identify cmmn types f alchls; Describe the physilgic prcesses f absrptin, distributin and eliminatin f alchl in the human bdy; CONTENT SEGMENTS LEARNING ACTIVITIES A. The DWI Prblem Instructr-Led Presentatins B. The Cncept f General Deterrence Reading Assignments C. Relating Detectin t Deterrence Ptential D. Evidence f Effective Detectin and Effective Deterrence E. Physilgy f Alchl HS 178 R2/06

13 DWI DETERRENCE: AN OVERVIEW Each year, tens f thusands f peple die in traffic crashes. Thrughut the natin, alchl is the majr cntributr t traffic fatalities. In 2002, alchl-related fatalities rse t 17,419, representing 41 percent f all traffic fatalities. (NHTSA 2002 FARS data) Impaired drivers are mre likely than ther drivers t take excessive risks such as speeding r turning abruptly. Impaired drivers als are mre likely than ther drivers t have slwed reactin times. They may nt be able t react quickly enugh t slw dwn befre crashing and are less likely t wear seatbelts. On the average, tw percent f drivers n the rad at any given time are DWI. DWI vilatins and crashes are nt simply the wrk f a relatively few "prblem drinkers" r "prblem drug users." Many peple cmmit DWI, at least ccasinally. In a 1991 Gallup Survey f 9,028 drivers natinwide, 14% f the respndents reprted they drve while clse t r under the influence f alchl within the last three mnths. It is cnservatively estimated that the typical DWI vilatr cmmits that ffense abut 80 times per year. In ther wrds, the average DWI vilatr drives while under the influence nce every fur r five nights. THE PROBLEM OF DWI HOW WIDESPREAD IS DWI? While nt all f thse wh drive after drinking have a BAC f 0.08/0.10 r mre, the presumptive r illegal per se limit fr DWI in many states, sme drivers d have BACs in excess f these limits. A frequently quted, and ften misinterpreted, statistic places the average incidence f DWI at ne driver in fifty. Averaged acrss all hurs f the day and all days f the week, tw percent f the drivers n the rad are DWI.1 That 1 in 50 figure is ffered as evidence that a relatively small segment f America's drivers the s called "prblem" grup accunt fr the majrity f traffic deaths. There's nthing wrng with that figure as a statistical average, but plice fficers knw that at certain times and places many mre than tw percent f drivers are impaired. Natinal Highway Traffic Safety Administratin research suggests that during the late night, weekend hurs, as many as ten percent f drivers n the rads may be DWI.2 On certain hliday weekends, and ther critical times, the figure may g even higher. HOW MANY? HOW OFTEN? The issue f hw many DWIs are n the rad at any given time is an imprtant HS 178 R2/06 II-1

14 factr in measuring the magnitude f the prblem. Hwever, frm an verall traffic safety perspective, the mre imprtant issue may be the number f drivers wh ever cmmit DWI. Just hw widespread is this vilatin? In enfrcement terms, hw many peple d we need t deter? Clearly, it is mre than ne in fifty. Althugh it may be true that, n the average, tw percent f drivers are DWI at any given time, it certainly is nt the same tw percent every time. It is even mre than ne in ten. Nt everyne wh cmmits DWI is ut n the rad impaired every Friday and Saturday night. Sme f them, at least, must skip an ccasinal weekend. Thus, the ten percent wh shw up, weekend after weekend, in the Friday and Saturday statistics must cme frm a larger pl f vilatrs, each f whm "cntributes" t the statistics n sme nights, but nt necessarily n all nights. An analysis f BAC radside survey data suggests that the average DWI vilatr cmmits the vilatin apprximately 80 times each year.3 Undubtedly, there are sme wh drive impaired virtually everyday; thers cmmit the vilatin less ften. It is likely that at least ne quarter f all American mtrists drive while impaired at least nce in their lives. That figure falls apprximately midway between the 55 percent f drivers wh at least ccasinally drive after drinking and the ten percent f weekend, nighttime drivers wh have BACs abve the s called legal limit. 1 Brkenstein, R.F., et al, Rle f Drinking Driver in Traffic Accidents. Blmingtn IN: Department f Plice Administratin, Indiana University, March Alchl Highway Safety Wrkshp, Participant's Wrkbk Prblem Status. NHTSA, DWI Law Enfrcement Training: Instructr's Manual. NHTSA. August P.139. Our estimated ne in fur drivers includes everyne wh drives impaired everyday, as well as everyne wh cmmits the vilatin just nce and never ffends again; and it includes everyne in between. In shrt, it includes everyne wh ever runs the risk f being invlved in a crash while impaired. SOCIETY'S PROBLEM AND THE SOLUTION It really desn't matter whether this ne in fur estimate is reasnably accurate (in fact, it is prbably lw). The fact is that far mre than tw percent f American drivers actively cntribute t the DWI prblem. DWI is a crime cmmitted by a substantial segment f Americans. It has been and remains a ppular crime; ne that many peple frm all walks and statins f life cmmit. DWI is a crime that HS 178 R2/06 II-2

15 can be fught successfully nly thrugh a scietal apprach f cmprehensive cmmunity-based prgrams. GENERAL DETERRENCE One apprach t reducing the number f drinking drivers is general deterrence f DWI. General deterrence f DWI is based in the driving public's fear f being arrested. If enugh vilatrs cme t believe that there is a gd chance that they will get caught, at least sme f them will stp cmmitting DWI at least sme f the time. Hwever, unless there is a real risk f arrest, there will nt be much fear f arrest. Law enfrcement fficers must arrest enugh vilatrs enugh f the time t cnvince the general public that they will get caught, sner r later, if they cntinue t drive while impaired. Hw many DWI vilatrs must be arrested in rder t cnvince the public that there is a real risk f arrest fr DWI? Several prgrams have demnstrated that significant deterrence can be achieved by arresting ne DWI vilatr fr every 400 DWI vilatins cmmitted. Currently, hwever, fr every DWI vilatr arrested, there are between 500 and 2,000 DWI vilatins cmmitted. (See Exhibit 2-1) When the chances f being arrested are ne in tw thusand, the average DWI vilatr really has little t fear. HS 178 R2/06 II-3

16 EXHIBIT 2-1 Chances f a DWI vilatr being arrested are as lw as 1 in Why is the DWI arrest t vilatins rati (1:2000) s lw? There are three ntewrthy reasns. DWI vilatrs vastly utnumber plice fficers. It is nt pssible t arrest every drinking driver each time they cmmit DWI. Sme fficers are nt highly skilled at DWI detectin. They fail t recgnize and arrest many DWI vilatrs. Sme fficers are nt mtivated t detect and arrest DWI vilatrs. SIGNIFICANT FINDINGS In a 1975 study cnducted in Frt Lauderdale, Flrida, nly 22 percent f traffic vilatrs wh were stpped with BACs between 0.10 and 0.20 were arrested fr DWI. The remainder were cited fr ther vilatins, even thugh they were legally impaired. In this study breath tests were administered t the vilatrs by researchers after the plice fficers had cmpleted their investigatins. The fficers failed t detect 78 percent f the DWI vilatrs they investigated. The implicatin f this study, and f ther similar studies, is that fr every DWI vilatr actually arrested fr DWI, three thers are cntacted by plice fficers, but are nt arrested fr DWI. (See Exhibit 2-2.) It is clear that significant imprvement in the arrest rate culd be achieved if fficers were mre skilled at DWI detectin. HS 178 R2/06 II-4

17 EXHIBIT 2-2 Fr every DWI vilatr arrested, 3 thers are cntacted face t face by plice, but are nt arrested. Several enfrcement prgrams have succeeded in achieving significant DWI deterrence. Cnsider, fr example, the three year intensive weekend DWI enfrcement prgram in Stcktn, Califrnia. Under that prgram: arrests increased 500 percent; weekend nighttime crashes decreased 34 percent; the prprtin f nighttime weekend drivers legally under the influence drpped frm nine percent t six percent. Imprved DWI detectin can be achieved in virtually every jurisdictin in the cuntry. The keys t success are plice fficers wh are: skilled at DWI detectin; willing t arrest every DWI vilatr wh is detected; supprted by their agencies in all aspects f this prgram, frm plicy thrugh practical applicatin. THE SOLUTIONS THE ULTIMATE GOAL: CHANGING BEHAVIOR What must cmprehensive cmmunity based DWI prgrams seek t accmplish? Ultimately, nthing less than fundamental behaviral change, n a widespread basis. The gal is t encurage mre Americans t: avid cmmitting DWI, either by aviding r cntrlling drinking prir t driving r by selecting alternative transprtatin. HS 178 R2/06 II-5

18 intervene actively t prevent thers frm cmmitting DWI (fr example, putting int practice the theme "friends dn't let friends drive drunk"); avid riding with drivers wh are impaired. The final test f the value f DWI cuntermeasures n the natinal, state and lcal levels is whether they succeed in getting significantly mre peple t mdify their behavir. The prgrams als pursue ther mre immediate bjectives that supprt r reinfrce the ultimate gal. Hwever, the ultimate gal is t change driving while impaired t an unacceptable frm f behavir at all levels. HS 178 R2/06 II-6

19 PURSUING THE GOAL: TWO APPROACHES Hw can we bring abut these changes in behavir? Hw can we induce mre peple t avid DWI vilatins, prevent thers frm drinking and driving, and avid becming passive "statistics" by refusing t ride with drinking drivers? Basically, there are tw general appraches that must be taken t achieve this gal. One: preventin -- gives prmise f the ultimate, lasting slutin t the DWI prblem; but it will require a substantial amunt f time t mature fully. The ther -- deterrence -- nly ffers a partial r limited slutin, but it is available right nw. PREVENTION: THE ULTIMATE SOLUTION DWI cuntermeasures that strive fr the ultimate achievement f drinking and driving behaviral changes have been gruped under the label "Preventin." There are many kinds f DWI preventive activities. Sme are carried ut by and in ur schls, sme thrugh the mass media, sme thrugh cncerned civic grups, and s frth. The varius preventive effrts fcus n different specific behavirs and address different target grups. Hwever, they seek t change drinking and driving behavir by prmting mre psitive attitudes and by fstering a set f values that reflects individual respnsibilities tward drinking and driving. Preventive cuntermeasures seek sciety's acceptance f the fact that DWI is wrng. Sme peple believe that drinking and driving is strictly an individual's persnal business; that it is up t each persn t decide whether r nt t accept the risk f driving after drinking. Preventive activities try t dispel that utmded and irrespnsible belief. Instead, they prmte the idea that n ne has the right t endanger thers by drinking and driving, r t risk becming a burden (ecnmically and therwise) t thers as a result f injuries suffered while drinking and driving. Realistically, everyne has an bligatin nt nly t cntrl their wn drinking and driving, but als t speak up when thers are abut t cmmit the vilatin. Only when all f sciety views DWI as a negative behavir that cannt be tlerated r cndned, will the public's behavir begin t change. That is the lng-term slutin. DWI preventin will never be 100 percent successful. In reality, there will always be peple wh drink and drive. Hwever, with new sets f values cme new behavirs. Fr example, ne need nly lk at the prliferatin f "Thank Yu fr Nt Smking" signs. Displaying such a sign a generatin ag wuld have been viewed as implite, if nt anti-scial. Tday, "N Smking" plicies are strictly enfrced in many wrk areas. HS 178 R2/06 II-7

20 DWI preventin thrugh basic shifts in attitudes and values can wrk. Given enugh time, it will wrk. The key wrd is time. A full generatin r mre must grw t maturity befre new attitudes take hld and start t change behavir. We can lk at tday's children and expect that their attitude tward drinking and driving will be different frm their parents; hwever, we need an interim slutin, and we need it NOW. DWI DETERRENCE DETERRENCE: THE INTERIM SOLUTION DWI cuntermeasures that seek a shrt-cut t the ultimate gal f behaviral change generally are labeled "Deterrence." Deterrence can be described as negative reinfrcement. Sme deterrence cuntermeasures fcus primarily n changing individual drinking and driving behavir while thers seek t influence peple t intervene int thers' drinking and driving decisins. The key feature f deterrence is that it strives t change DWI behavir withut dealing directly with the prevailing attitudes abut the rightness r wrngness f DWI. Deterrence uses a mechanism quite distinct frm attitudinal change: fear f apprehensin and applicatin f sanctins. THE FEAR OF BEING CAUGHT AND PUNISHED Large scale DWI deterrence prgrams try t cntrl the DWI behavir f the driving public by appealing t the public's presumed fear f being caught. Mst actual r ptential DWI vilatrs view the prspect f being arrested with extreme distaste. Fr sme, the arrest, with its attendant handcuffing, bking, publicity and ther stigmatizing and traumatizing features, is the thing mst t be feared. Fr thers, it is the prspective punishment (jail, stiff fine, etc.) that causes mst f the cncern. Still thers fear mst the lng-term csts and incnvenience f a DWI arrest: the license suspensin and increased premiums fr autmbile insurance. Fr many vilatrs the fear prbably is a cmbinatin f all f these. Regardless, if enugh vilatrs are sufficiently fearful f DWI arrest, sme f them will avid cmmitting the vilatin at least sme f the time. Fear by itself will nt change their attitudes; if they d nt see anything inherently wrng with drinking and driving in the first place, the prspect f arrest and punishment will nt help them see the light. Hwever, fear smetimes can be enugh t keep them frm putting their anti-scial attitudes int practice. This type f DWI deterrence, based n the fear f being caught, is cmmnly called general deterrence. It applies t the driving public generally and presumably affects the behavir f thse wh have never been caught. There is an element f fear f the unknwn at wrk here. HS 178 R2/06 II-8

21 Anther type f DWI deterrence, called specific deterrence, applies t thse wh have been caught and arrested. The typical specific deterrent invlves sme type f punishment, perhaps a fine, invluntary cmmunity service, a jail term r actin against the driver's license. The punishment is impsed in the hpe that it will cnvince the specific vilatr that there is indeed smething t fear as a result f being caught, and t emphasize that if there is a next time, the punishment will be even mre severe. It is the fear f the knwn that cmes int play in this case. The cncept f DWI deterrence thrugh fear f apprehensin r punishment seems sund. But will it wrk in actual practice? The crux f the prblem is this: If the mtring public is t fear arrest and punishment fr DWI, they must perceive that there is an appreciable risk f being caught and cnvicted if they cmmit the crime. If actual and ptential DWI vilatrs cme t believe that the chance f being arrested is minimal, they will quickly lse whatever fear f arrest they may have felt. Enfrcement is the mechanism fr creating and sustaining a fear f being caught fr DWI. N specific deterrence prgram can amunt t much, unless plice fficers arrest large numbers f vilatrs; n punishment r rehabilitatin prgram can affect behavir n a large scale unless it is applied t many peple. General deterrence depends n enfrcement -- the fear f being caught is a direct functin f the number f peple wh are caught. Obviusly, the plice alne cannt d the jb. Legislatrs must supply laws that the plice can enfrce. Prsecutrs must vigrusly prsecute DWI vilatrs, and the judiciary must adjudicate fairly and deliver the punishments prescribed by law. The media must publicize the enfrcement effrt and cmmunicate the fact that the risk is nt wrth the prbable utcme. Each f these elements plays a supprtive rle in DWI deterrence. HOW GREAT A RISK IS THERE? The questin nw is, are vilatrs afraid f being caught? Mre imprtantly, shuld they be afraid? Is there really an appreciable risk f being arrested if ne cmmits DWI? The answer t all f these questins unfrtunately is: prbably nt. In mst jurisdictins, the number f DWI arrests appears t fall shrt f what wuld be required t sustain a public perceptin that there is a significant risk f being caught. Smetimes, it is pssible t enhance the perceived risk, at least fr a while, thrugh intensive publicity. Hwever, media "hype" withut intensified enfrcement has never been enugh t maintain the fear f arrest fr very lng. HS 178 R2/06 II-9

22 HOW MUCH SHOULD THE PUBLIC FEAR? We can draw sme reasnable estimates f DWI enfrcement intensity, based n what we knw and n certain assumptins we have already made. Suppse we deal with a randm sample f 100 Americans f driving age. If they cme frm typical enfrcement jurisdictins, chances are that exactly ne f them will be arrested fr DWI in any given year: ur annual DWI arrests, in mst places, equal abut ne percent f the number f drivers in the ppulatin. That is ne arrest ut f 100 drivers during ne year; hwever, hw many DWI vilatins d thse drivers cmmit? Recall ur previus estimates that sme 25 percent f America's drivers at least ccasinally drive while under the influence, and that the average vilatr cmmits DWI 80 times each year. Then, ur sample f 100 drivers includes 25 DWI vilatrs wh cllectively are respnsible fr 2,000 DWI vilatins yearly. CHANGING THE ODDS If an arrest/vilatin rati f 1 in 2,000 is nt enugh t make deterrence wrk, is it then reasnable t think that we can ever make deterrence wrk? After all, if we dubled DWI arrests t 1 in 1,000, we wuld still be missing 999 vilatrs fr every ne we managed t catch. If we increased arrests ten-fld, t 1 in 200, 199 wuld escape fr every ne arrested. Hw much deterrence wuld that prduce? Surprisingly, it wuld prbably prduce quite a bit. We dn't have t arrest every DWI ffender every time in rder t cnvince them that they have smething t fear. We nly have t arrest enugh f them enugh f the time t cnvince many f them that it can happen t them. As the arrest rate increases, the dds are that it will happen t them eventually. The law f averages (r cumulative prbability) will catch up with them, and sner than we might at first expect. The statistics belw display the cumulative prbability (as a percentage) f being arrested at least nce during the curse f ne, tw r three years as a functin f the arrest rate n any given night. These statistics are based n the assumptin that the average vilatr cmmits DWI 80 times each year. Percent f vilatrs arrested after... Nightly Arrest Rate One Year Tw Years Three Years 1 in % 7.7% 11.3% 1 in % 14.8% 21.3% 1 in % 27.4% 38.2% 1 in % 55.2% 70.0% HS 178 R2/06 II-10

23 Clearly, the chances f being caught accumulate very quickly as the arrest/vilatin rati increases. If we culd maintain a rati f ne arrest in every 500 vilatins (a level f enfrcement currently maintained in sme jurisdictins), then by the time ne year has passed, slightly mre than ne f every seven peple (14.8%) wh have cmmitted DWI during that year will have been arrested at least nce. It prbably is a high enugh chance t get the attentin -- and fear -- f many vilatrs. If we culd achieve an arrest rati f 1 in 200 (a level attainable by fficers skilled in DWI detectin) we will arrest fully ne-third f all DWI vilatrs at least nce every year, and we will arrest mre than half f them by the time tw years have gne by. DWI DETECTION: THE KEY TO DETERRENCE CAN IT BE DONE, AND WILL IT WORK? Is there any evidence that a practical and realistic increase in DWI enfrcement activity will induce a significant degree f general deterrence and a crrespnding change in DWI behavir? Yes there is. As early as 1975, in the city f Stcktn, Califrnia, a study shwed that the city's ttal number f DWI arrests (700) were cnsiderably less than ne percent f the areas licensed number f drivers (130,000). The implicatin here was that Stcktn plice were nly maintaining the arrest/vilatin ratin f 1-2,000, r less. In additin, radside surveys n Friday and Saturday nights disclsed that nine percent f the drivers were perating with BAC's f 0.10 r higher. Then things changed. Beginning in 1976 and cntinuing at planned intervals thrugh the first half f 1979, Stcktn plice cnducted intensive DWI enfrcement n weekend nights. The fficers invlved were extensively trained. The enfrcement effrt was heavily publicized and additinal equipment (PBTs and cassette recrders) was made available. The plice effrt was clsely crdinated with the District Attrney's ffice, the Cunty Prbatin ffice, and ther allied criminal justice and safety rganizatins. All this paid ff. By the time the prject came t a clse (in 1979) DWI arrests had increased by ver 500 percent, and weekend nighttime cllisins had decreased by 34 percent, and the number f peratrs cmmitting DWI drpped ne-third. Since the histrical Stcktn study numerus states have cnducted similar studies t determine the degree f effect that DWI arrests wuld have n alchl related fatalities in general, and ttal fatalities in particular. Mst f these studies were cnducted between 1978 and The results f these studies graphically illustrated in each state that when the number f arrests fr DWI increased, the percent f alchl related fatalities decreased. Further, the results f a study cnducted in Flrida frm , shwed that when DWI arrests per licensed driver increased, ttal fatalities decreased (12-mnth mving average). HS 178 R2/06 II-11

24 DETECTION: THE KEY TO DETERRENCE It is imprtant t understand hw increased DWI enfrcement can affect deterrence. Deterrence can vastly exceed the level f enfrcement fficers achieve n any given night. True, weekend DWI arrests can increase by as much as 500 percent, as in the Stcktn study. Hwever, even thugh the study shwed they started with an enfrcement rati n better than 1-in-2000, the tremendus increase in DWI arrests prbably nly brught the arrest rati t abut 1-in-400. Regardless f the fact that 399 DWI drivers avided arrest, the increased enfrcement effrt cnvinced at least ne-third f the vilatrs t change their behavir substantially. The law f averages quickly starts t catch up with DWI drivers when the enfrcement rati imprves t the 1-in-400 rati. At that level, unless vilatrs change their behavir, many f them will be caught, r at least will have knwn smene wh has been arrested. Cupled with the heavy publicity given t the enfrcement effrt, thse experiences were enugh t raise the perceptin level f apprehensin amng DWI peratrs that sner r later they wuld be caught. As a result, many f them changed their behavir. This is the best example f general deterrence. In additin, during the same time that DWI arrests went up ver 500 percent in Stcktn, citatins fr ther traffic vilatins increased by a cmparatively mdest 99 percent. The implicatin is that Stcktn's fficers were stpping and cntacting nly twice as many pssible vilatrs as they had befre, but they were cming up with mre than five times as many arrests. What have the results f these studies shwn? Basically, they have shwn that a cmmunity will benefit frm their fficers' increased skills at DWI detectin. Principally because f their special training, the fficers were better able t recgnize "cues" f impairment when they bserved vehicles in mtin, and they were mre familiar with the "clues" r human indicatrs f impairment exhibited by vilatrs during persnal cntact. The fficers als had mre cnfidence in the field sbriety tests they used t investigate their suspects. The mst imprtant factr was that far fewer f the vilatrs being stpped nw avided detectin and arrest. The difficulty in detecting DWI amng peratrs persnally cntacted by fficers has been well dcumented. Analysis f radside survey and arrest data suggest that fr every DWI vilatr arrested, three thers actually have face-t-face cntact with plice fficers but are allwed t g withut arrest. 4 Direct supprt f that inference was fund in the Frt Lauderdale BAC study, where researchers demnstrated that plice fficers arrested nly 22 percent f the DWI peratrs they cntacted, whse BAC levels were subsequently shwn t be between 0.10 and DWI Law Enfrcement Training, p. cit. Frt Lauderdale BAC Study. HS 178 R2/06 II-12

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