A Life Saving Law Enforcement Tool Sobriety Checkpoints. Training Presentation

Transcription

1 A Life Saving Law Enforcement Tool Sobriety Checkpoints Training Presentation

2 The DWI Problem in Texas Texas in ,259 people are killed in DWI crashes 16,875 people are injured in DWI crashes 94,440 people are arrested for DWI 224,702 licensed drivers who have been convicted for at least one DWI, as of December (Texas Department of Public Safety and Transportation).

3 The DWI Problem in Texas Texas leads the nation in DWI deaths! 42% of all fatal traffic crashes in Texas involved intoxicated drivers. 29% of all fatal traffic crashes in California involved intoxicated drivers. California has about 12 million more people than Texas! 1,259 DWI Fatalities 791 DWI Fatalities 2,998 Accident Fatalities 2,715 Accident Fatalities

4 WHY? Texas Law Enforcement Agencies lack the most effective tool available to prevent DWI crashes. Because The Texas State Legislature has not passed a law that authorize the police to use them. One bill would, among the hundreds, passed during legislative sessions would save hundreds of lives every year.

5 A Proven Solution Sobriety Checkpoints are scientifically proven to save lives. Over 30 scientific studies have shown that sobriety checkpoints reduce DWI crashes. On average, they reduce DWI crashes by 20% in areas where the police use them.

6 252 People 252 people would still be alive If Texas has sobriety checkpoints in 2010

7 The Checkpoint Experience

8 What is a Sobriety Checkpoint? A checkpoint is a a place along a road, border, etc., where travelers are stopped for inspection. (From Dictionary.com) A sobriety checkpoint is temporary place where the police stop cars to inspect for drivers that are intoxicated.

9 What a Checkpoint Looks Like

10 Not a Road Block Sobriety checkpoints are never roadblocks. A road block is an obstruction that prevents the driver from driving any further along that road. A sober driver passes through a sobriety checkpoint after a very brief delay. This is a Road Block

11 3 Step Process Step 1 Police Interview Driver Sober? NO Step 2 Sobriety Tests Above.08? YES Step 3 Arrest YES NO Drive Home Drive Home

12 3 Step Process Step 1: Initial Interview by police to determine if there is probable cause that the driver is drunk. If the driver is found to be sober, they are sent on their way. If the the officer has probable cause of a DWI, they move to step 2. Step 2: Field sobriety tests to determine if the driver is over the legal limit of.08 Blood Alcohol Concentration (BAC). If the driver is below.08, he cannot be arrested for DWI. Step 3: Driver with a BAC of greater than.08 are arrested and taken to the police station.

13 Step 1 (1 of 5) Federal laws requires that the police operating a checkpoint to either: Stop and inspect every car passing through or Every vehicle is inspected Stop a portion of the cars passing through based on a predetermined and arbitrary number. Such as every other car passing through. Every other vehicle is inspected

14 Step 1 (2 of 5) The police are not allowed to stop a car based on demographic factors like race, ethnicity, gender, or apparent socio-economic status. If the occupants of the vehicle are performing an obviously criminal act like smoking a crack pipe, the police can inspect them regardless of their number in line. She would have a serious problem at a sobriety checkpoint

15 Step 1 (3 of 5) A uniformed police officer will speak with you for less than one minute with the sole purpose of determining if there is probable cause that you are driving while intoxicated. The officer will probably greet you and ask you if you have been drinking or some other general questions. Good Evening. Have you been drinking alcohol tonight? Greetings, are you driving sober tonight? Hello. Have you been partying tonight?

16 Step 1 (4 of 5) Probable cause of DWI can be determined by a combination of factors including: An open beer can, telling the officer that you just left a bar, excessively slurred speech, swerving your car on the way to the checkpoint. Many officers in DWI units will tell you that many drunk drivers readily admit that they have been drinking 1 or 2 beers in the past 2 hours. Alcohol intoxication has an effect upon the eyes and facial expressions

17 Step 1 (5 of 5) Passive alcohol sensors can provide probable cause. They measure the air around the driver and can detect a significant amount of alcohol. They are usually built into the officers flash light or clip board. Passive sensors can increase the DWI detection rate by 50%.

18 Step 2 (1 of 2) If the driver doesn t provide probable cause, they are sent on their way immediately. If the driver provides probable cause that they have been drinking, the officer instructs them to pull their car over to the side of the road. Officers will then administer field sobriety tests to determine if the person is driving while intoxicated. The driver must have a BAC of.08 or greater to be arrested for DWI.

19 Step 2 (2 of 2) Field Sobriety Tests Horizontal Gaze Nystagmus (HGN) 88% accurate Walk-and-Turn (WAT) 79% accurate One-Leg Stand (OLS) 83% accurate Breathalyzer Device Some machines are near 100% accurate if properly maintained

20 About Minors Minors (under 21) are not allowed to consume any alcohol while driving. They will be arrested with a BAC from.02 to.07 and the charge is Driving Under the Influence (DUI). Adults over 21 can not be charged with DUI. Minors with a BAC of.08 and above will be charged with DWI

21 Truck Drivers Commercial Drivers have a commercial drivers license (CDL) and are held to a higher standard than normal drivers. They are prohibited from having a BAC of.04 or greater at any time while driving in their work vehicle or in their own vehicle. They will permanently loose their CDL if they are caught driving with a BAC of.04 or greater.

22 Step 3 The driver can refuse to take all sobriety tests and make any statements to the police. Very Intoxicated drivers rarely do this, because they are often to drunk. Drivers with a borderline BAC and attorneys are more likely to do this. In this case the police must make a decision to arrest the driver or release him. This decision depends on officer s assessment, local laws, police department policy and the In no refusal areas, the refusing driver is arrested.

23 No Refusal No Refusal basically means that any driver suspected of DWI who refuses to take field sobriety tests or answer questions is going to be arrested anyway. The driver is taken to the jail and a warrant is obtained for a blood sample. Once the warrant is signed, the police can take a blood sample. Most major cities have a municipal judge on hand 24 hours at the jail to sign warrants. Smaller cities or rural areas can make arrangement to have a judge on call to sign warrants at early hours and on weekends. The police cannot forcibly draw a blood sample without a valid warrant.

24 Tickets and Other Offenses The officers at checkpoints will probably write warnings or tickets for obvious traffic violations like: Children not riding in car seats or passengers without seatbelts. Broken lights, unregistered cars and expired safety inspections. If they are allowed to check license and insurance, they will likely arrest people drivers with no license or with suspended licenses. Drivers without current insurance will receive a ticket. If anyone in the vehicle has drugs or other illegal items in plain view of the officer, they will likely be arrested for those offenses. Going to be arrested. Oddly, the police say they actually catch people in the act.

25 Illegal Immigrants (1 of 2) MADD has no official position on immigration, but it has a very small role in the issue of sobriety checkpoints. Some interest groups are concerned about the local police using checkpoints to apprehend illegal immigrants. A few police departments in other states have historically detained many illegal immigrants at checkpoints. Many of these individuals were driving without a valid license, vehicle registration or insurance; some were drunk drivers. Some American citizens of hispanic decent may be offended by a police officer asking about their immigration status.

26 Illegal Immigrants (2 of 2) Solution: The law authorizing sobriety checkpoints in Texas can prohibit police from asking about immigration status at the checkpoint. If an illegal immigrant is arrested for DWI or another crime at a checkpoint, the local police may report them to Immigration and Customs Enforcement. The federal authorities, but not state officials, may deport them. Key Point: Drunk Driving is a dangerous crime and these offenders are the cause of their own legal problems. All immigrants must respect our laws.

27 Part 3 When and Where

28 Effectiveness Opponents of public safety often criticize sobriety checkpoints as ineffective. Effectiveness varies by police department. Some police departments like Fresno, California are routinely very successful because they use sound practices. Some police departments have low success at checkpoints. This variance is often due to differences in training, planning and preparation by the police. Police supervisors who are unmotivated or unconcerned about the drunk driving problem are probably going to have unsuccessful checkpoints.

29 Basic Principles Sobriety Checkpoints are going to be successful when: 1 They are intelligence driven 2 Carefully planned 3 Flawless execution with good tactics

30 Intelligence Driven Sobriety checkpoints need to be placed where and when the drunk drivers are going to be driving. Each city is unique, but basically checkpoints are going to be in areas where there are many DWI arrests or alcohol-related incidents. Most drunk driving crashes occur between 11pm and 4am, so most checkpoints are going to during these times. Police need to be aware of events like large house parties where minors will be drinking and plan checkpoints accordingly.

31 Carefully Planned Police must painstakingly plan checkpoint locations. 1. Safety is paramount, unsafe locations must be avoided. Police must be able to control the traffic. Drivers must have ample time and space to slow down. Police must have enough room on the side of the road to conduct sobriety tests and park their cars. 2. Signage Police must have very good signage that is bright. Enough traffic cones and flares. Bad Signage!

32 Carefully Planned 3. Police must not cause major traffic congestion. Police are not going to place checkpoints during rush hour traffic when heavy traffic would cause a safety hazard. No police chief is going to anger thousands of voters who drive sober, and thereby complain to the mayor and city council. 4. Police must conceal the location, but not time or date for a checkpoint. 4. Emergency Plans Police must have thorough plans for the most likely emergencies.

33 Flawless Execution 1. Police must prevent drivers from turning around to avoid the checkpoint. 2. They need to be able to block off turn around points in front of the checkpoint. Police must set-up quickly to mitigate early warning systems. 3. Police must develop drills to quickly deal with disruptions like drunk and aggressive drivers or passengers. 4. Ensure that all equipment is inspected and maintained prior to the checkpoint.

34 Check Point Phone Applications DWI Checkpoint phone applications are intended to be an early warning device to alert drivers in time to avoid them. The more intoxicated a driver is, the less likely they will have the mental capability to check the application or change their route. Apple, Google, and other companies have recently decided to ban these applications. They cause problems for law-enforcement, but do not necessarily reduce the effectiveness of a sobriety checkpoint.

35 Common Concerns

36 Opponents of Public Safety Certain special interest groups are opposed to sobriety checkpoints because they profit from drunk drivers. Checkpoints may hurt their cash flow! These groups spend allot of money on lobbyists and public relations to counter checkpoints. They do not care about your families safety only their wallets.

37 Common Concerns There are a number of common concerns about sobriety checkpoints. Some concerns are legitimate: Civil Rights Civilian Oversight Some concerns are not legitimate: # of arrests Manpower

38 Writing the Law All legitimate concerns about sobriety checkpoints can be successfully addressed in the bill authorizing their use. State lawmakers can write a bill that: Restricts police actions at checkpoints to prevent unprofessional conduct. Require police to ensure transparency of checkpoint operations and accountability to the public. Proper oversight by elected officials.

39 Constitutionality The U.S. Supreme Court ruled that sobriety Checkpoints were legal under the U.S. Constitution during the case: Michigan v. Sitz, 496 U.S. 444 (1990). Lobby groups representing criminal defense attorney s argue that sobriety checkpoints are unconstitutional or constitutionally problematic. They lobby for lawyers who represent DWI offenders. Their interests are to make the defense attorney s jobs easier; they are not interested in protecting your family safety.

40 Civil Rights Drunk Drivers never racially profile their victims! Many civil groups representing diverse populations are legitimately concerned about checkpoints and civil rights. Many minority groups are currently or have in the past experienced discrimination and police brutality. They see police using checkpoints to harass minority communities. The problem is bad police leadership within a few departments. These communities must pressure officials they elect to cleanup bad police departments. Drunk Drivers crash into anyone who happens to be at the wrong place at the wrong time.

41 Civil Rights Drunk Driving is everyone s problem. Sobriety checkpoints are fully compatible with protecting civil rights. KEYPOINT: Civil rights groups can collaborate with lawmakers to write a checkpoints bill that fully protects civil rights. 1. Require police to plan checkpoints based on objective data: Location based on recent DWI crash sites or number of previous arrests. Prohibit police from using a checkpoint site more than once a year. Prohibit police from considering racial or economic profiles of locations. Require the mayor in cities or county commissioner in rural areas to approve checkpoint locations.

42 Civil Rights 2. Create Transparency Require police to video tape all checkpoints and made available for public viewing. Require police to publish reports on every checkpoint. Permit civil rights groups to send monitors to observe, but not interfere with checkpoint operations. Require police to have Spanish speaking personnel available. 3. Ensure respect Restrict what police can ask drivers during an interview; they can only ask questions about recent alcohol consumption. Require a high ranking police supervisor to be onsite. Provide sanctions against departments who violate the law.

43 Civilian Control Some groups are concerned about checks and balances guarding against police abuse. The Facts All city and smaller town police chiefs work are supervised by an elected mayor and city council. DPS works for the governor and is overseen by the legislature. All Sheriffs and Constables are elected by the voters. Bottom Line All law-enforcement agencies are accountable to the voters.

44 Costs (1 of 3) Sobriety Checkpoints save money by preventing DWI crashes! A DWI crash that results in an injury or death causes serious economic loss. Cost to Taxpayers: 1. Tax Payers directly foot the bill for Police, EMS, criminal prosecution, defense attorney s, imprisonment of the offender. 2. A seriously injured DWI victim who can t work gets Social Security Disability, Medicare or Medicaid, paid by taxes. 3. The taxpayers may have to pay some or all hospital medical costs if the victim is uninsured or pass insurance limits. These costs can reach into the $ Millions.

45 Costs (2 of 3) DWI crashes cost the U.S. Economy Severely injured DWI victims who can t work: 1. Don t pay taxes. 2. Can t financially support their family. 3. May go bankrupt and default on debt. 4. Stop or suspend retirement and other investments. 5. Employer s lose their employee and may have to pay some medical insurance costs. 6. May lose their business if they own it. 7. Buy fewer goods and services.

46 The Human Cost How do you measure the all the loss of her potential? What could she have accomplished if a drunk driver never injured her? Jacqueline Saburido Injured by a drunk driver in West Austin in 1999.

47 Costs (3 of 3) 3 Studies on cost savings of sobriety checkpoints. Each Checkpoint saves $50,000. Mercer, G.W., P.K. Cooper, and L.A. Kristiansen. A Cost/Benefit Analysis of a 5-Month Intensive Alcohol-Impaired Driving Road Check Campaign. Proceedings of the 40 th Annual AAAM. (1996): $23 saved for every $1 invested in sobriety checkpoints. Stuster, Jack., and Paul Blowers. Experimental Evaluation of Sobriety Checkpoint Programs. DOTHS (1995). Each Checkpoint saves $56,700. National Highway Transportation Safety Administration. Impaired Driving in the United States Cost Fact Sheet. by Dexter Taylor, Ted Miller, and Kenya Cox. (2002).

48 Manpower Opponents of public safety falsely argue that checkpoints consume too many officers being paid overtime. The number of police officers required to run a checkpoint is going to be determined by: 1 Size of the road. Bigger roads = more officers. 2 3 Density of traffic, based on the time checkpoint is conducted. A highway has lite traffic at 2 am, but heavy traffic at 8 am. Does it cover only one or both directions of the road? Checkpoints can cover just one side of a major roads.

49 Manpower police officers for this road C P C P police officers for this road C P 4-8 police officers for this road

50 Manpower When the police manpower is limited, checkpoints are placed on smaller roads. Over-time pay is a red herring. Only officers who work past their normal 40 hour shift can collect overtime. Police chiefs can use officers on their normal shifts for checkpoints. Most large Texas cities have dedicated DWI units of about 15 or more officers who can run checkpoints during their normal shift. KEYPOINT: If the city councils decides DWI is a serious threat to public safety, they should have the ability to allocate overtime pay for checkpoints.

51 Collaboration Small town and rural county law-enforcement agencies have very limited police manpower. Running a sobriety checkpoint presents a problem. Solution: Collaboration between various agencies can provide ample manpower to run a sobriety checkpoint. DPS State Troopers, County Sheriffs, Constables, Game Wardens, town police can man a checkpoint together. DPS can even form a mobile checkpoint team to operate in rural counties.

52 Arrests (1 of 3) The purpose of a sobriety checkpoint is to deter intoxicated people from driving, making arrests is not the ultimate goal. Opponents of public safety use the issue of arrests as a red herring to distract people from examining the facts. They make two contrasting claims: 1. Sobriety checkpoints do not lead to many arrests, and are therefore cost ineffective. 2. Police use sobriety checkpoints to arrest people so they can make money for the city.

53 Arrests (2 of 3) Claim 1: Too few arrests. Studies reveal a wide variance between police departments on the number of arrests they make at sobriety checkpoints. This reveals: 1. Some police departments are better at checkpoints than others. 2. Some areas have fewer drunk drivers than others. 3. The checkpoints are working, people are deterred. Some police departments make 15 or more DWI arrests at a checkpoints. A Google search will provide ample examples.

54 Arrests (3 of 3) Claim 2: Arrests for Cash. Some opponents of public safety claim that police will use sobriety checkpoints to make money off of arrests. This is an absurd claim because the cost to the government for for making a DWI arrest and prosecuting the offender is high. Costs vary widely by location, and fines may only cover some costs. The maximum fine for 1 st DWI in Texas is $2,000, $4,000 for 2 nd offense, and $10,000 for 3 rd felony offense. It costs about $49 day and $18,000 a year to incarcerate a drunk driver. Key Point: You won t be arrested for DWI if you drive sober.

55 A Tool A Sobriety Checkpoint is a tool for the police to prevent DWI deaths. They will use it if they need it. If they don t need they don t have to use it. Most cities and counties in Texas have a serious DWI problem and need to use sobriety checkpoints. KEYPOINT: Lets put this tool into the our police departments toolbox!

56 Questions???