Criminal Investigation CRJ141. Matthew McCarty

Transcription

1 Criminal Investigation CRJ141 Matthew McCarty

2 Operating While Intoxicated (OWI) Investigation

3 OWI Statistics On Average 2% of all drivers on the roads at any given time are intoxicated. On weekend nights statistics show 1 in 10 (10%) of all drivers are intoxicated. Most drivers who are arrested for OWI 1 st have driven intoxicated more than 50 times prior to their arrest.

4 Alcohol And The Human Body There are many types of alcohol but consumable alcohol found in alcoholic beverages is called Ethanol. Unlike other edible things alcohol does not need to be digested to be absorbed into the blood stream. Alcohol can go directly into the blood stream from the stomach or from the intestines. Alcohol is distributed through the body to organs and tissues by the blood stream. Alcohol has an affinity for water. As the alcohol is distributed throughout the body it collects in higher concentrations in areas with a higher concentration of water. Brain has high water content Muscles have high water content Fat has little water content

5 Alcohol And The Human Body It is estimated the male body is 68% water and the female is only 55% water. Thus a female has less water to dilute the consumed alcohol and may be more affected by the same amount of consumption (For equal height/weight). As soon as alcohol is ingested the body starts trying to get rid of it. Breath, urine, sweat, tears Metabolism

6 Alcohol And The Human Body Metabolism: Process of chemical change, breaking down of a compound into useable items or waste. Most metabolism of alcohol occurs in the liver. A person can control the speed of alcohol intake but cannot speed their rate of metabolism. Average metabolism Male: ¾ drink per hour Female: ½ drink per hour Ingestion stopped and all alcohol absorbed into blood stream. A BAC of.150% would require 10 hours to completely leave the body for a male.

7 OWI Iowa Code 321J.2 1. A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions: a. While under the influence of an alcoholic beverage or other drug or a combination of such substances. b. While having an alcohol concentration of.08 or more. c. While any amount of a controlled substance is present in the person, as measured in the person's blood or urine. Individuals under 21 can also be charged with a civil.02 violation. This charge goes through the Department of Transportation and not the criminal courts. If operating a Commercial Motor Vehicle the limit is.04%.

8 OWI Iowa Code 321J.2 First offense is a serious misdemeanor Second offense is a aggravated misdemeanor Third and subsequent is a class D felony If injury or death occurs due to the persons actions they may be charged under other codes also (i.e. Homicide by vehicle).

9 OWI There are two aspects to an OWI arrest Criminal violation (Arrest) Civil Department of Transportation license revocation. Both of these aspects are investigated at the same time

10 OWI Investigation Steps Step 1: Vehicle in motion and traffic stop Step 2: Personal contact Step 3: Pre-arrest screening tests Step 4: Arrest Step 5: Implied consent advisory Step 6: Request and collection of chemical sample for analysis to determine Blood Alcohol Concentration (BAC). Step 7: Court

11 Vehicle In Motion and Traffic Stop Officer observes the vehicle in operation, determines whether to stop the vehicle, and observes the stopping sequence. Almost all OWI arrests are the result of the vehicle being operated and in motion but OWI can be charged for stopped or parked vehicles if the person is in control of the vehicle and it is operable. Driver conscious or passed out behind the wheel with access to keys to operate the vehicle. Best bet is running vehicle with keys in the ignition. Enforceable on public roads or private property

12 OWI Detection An Officers attention can be drawn to a vehicle for many reasons: Traffic violation (Speeding, FTO stop sign, etc) Driving to slow or greatly varying speeds One-eyed driving Swerving (Violation of law or just indicator of intoxication) Pac-man, drifting, straddling lane, wide turns, almost hitting other vehicles, jerky steering. Equipment violation Vehicle may have no indicators of intoxication until contact is made with driver Vehicle stopped and not moving at a green traffic light Traffic accident Pulls over in erratic manner during traffic stop

13 Personal Contact Indicators Odor of alcoholic beverage Slurred speech Bloodshot watery eyes Slow to respond to questions Passed out or unconscious Poor coordination Impaired balance once outside the vehicle Admissions of drinking Open containers of alcohol in vehicle Difficulty with vehicle controls (Gears, radio, windows) Cannot find request item even though they are holding it or looking at it Vomit or urination

14 Personal Contact Indicators Ask specific questions, Miranda does not apply during preliminary OWI investigation. Have you been drinking? How much did you consume? Where were you drinking? What time did you leave where you were drinking? Did you stop anywhere between where you were drinking and here? Driver may be honest, partially honest, or completely deny any alcohol consumption.

15 Pre-Arrest Screening Tests The National Highway Traffic Safety Administration (NHTSA) conducted extensive testing to identify indicators (Clues) of intoxication and develop tests to expose those indicators. The most effective tests were then set as the standard to be used. This set of testing is called Standardized Field Sobriety Tess (SFST s) Tests are designed to show physical impairment Each test has a set number of possible Clues

16 Standardized Field Sobriety Tests (SFST s) Horizontal Gaze Nystagmus Test (HGN) 6 possible clues 4 clues fails test Walk and Turn Test 8 possible clues 2 clues fails test One Leg Stand Test 4 possible clues 2 clues fails test Preliminary Breath Test (PBT) By using a combination of the first three tests (No PBT) SFST s are 91% accurate at determining the person BAC to be above.08%.

17 Medical Questions Before initiating sobriety testing ask some relevant medical questions Are you prescribed corrective eyewear? Are they wearing them if prescribed? Does license restriction verify corrective eyeware? Any other eye or medical conditions? Do you have natural nystagmus? Are you on any prescription or over-the-counter medication? Are you injured? Do you have any problems with your hips, knees, or ankles? Do you normally have any problems with you ability to walk or balance?

18 Sobriety Testing Location Choose a proper and safe location for sobriety testing Not directly in traffic Level, dry, and well lighted Facing away from traffic, moving objects, flashing lights, or other distractions Inspect the persons clothing and footwear If they have a shoe with a heel greater than ½ inch offer for them to test without them on Roll up baggie pants so they do not trip and you can see their feet Make sure the person is warm enough if it is cold out Another option is to arrest the person on the traffic charges that resulted in the traffic stop and conducting the testing at the jail.

19 Horizontal Gaze Nystagmus Test (HGN) Nystagmus: Involuntary jerking of the eyes. Person does not realize their eyes are jerking. Can be caused by spinning, post spinning, neural problems, alcohol, or natural problems. Vestibular System: Consists of the inner ear and the contained blood and fluids. Controls balance and assists in eye movement. Alcohol causes a change in the specific gravity of blood and fluids in the Vestibular System which results in Nystagmus and impaired balance. When only the HGN test is used, a score of 4 of 4 clues is 77% accurate at predicting the person is over.10% BAC

20 Horizontal Gaze Nystagmus Test Procedure 6 total clues, 4 clues fails test The person needs to be instructed to keep their head still and follow the stimulus with their eyes only. Focus must be maintained on the stimulus. Feet should be shoulder width apart with hands kept at their sides. If the person wears glasses they should be removed. Use a stimulus as focal point and hold it inches from persons nose and slightly up from eye level. Check for equal pupil size, equal tracking, and there should be no resting nystagmus.

21 Horizontal Gaze Nystagmus Test Procedure Step 1: Lack of smooth pursuit Check for the lack of smooth pursuit in each eye (2 clues possible) Eye movement should not be jerky and look like a marble rolling across a piece of glass if not intoxicated. Speed of stimulus should be moved at a rate that takes 2 seconds to go out and 2 seconds to return to center. Check each eye twice

22 Horizontal Gaze Nystagmus Test Procedure Step 2: Distinct and sustained nystagmus at maximum deviation Nystagmus will be present when eye is held at maximum deviation (2 clues possible) Maximum deviation is the point at which the eye cannot move any farther to the side. Hold stimulus at maximum deviation for a minimum of 4 seconds Check each eye twice

23 Horizontal Gaze Nystagmus Test Procedure Step 3: Nystagmus prior to 45 degrees Check for nystagmus prior to 45 degrees (2 clues possible). The stimulus is moved at a rate that takes 4 seconds to go from straight to 45 degrees out to the side. 45 degrees is approximately the persons shoulder

24 Horizontal Gaze Nystagmus Test Procedure Step 4: Vertical nystagmus Check for vertical nystagmus. This does not score a clue but it should be noted. High alcohol concentrations and drug use will result in vertical nystagmus. Move stimulus up until maximum vertical deviation is reached. This is the point at which eye can go no farther upwards. Hold for a minimum of 4 seconds.

25 Walk and Turn Test This is a divided attention test which requires a person to do two things at once. Driving a vehicle as requires divided attention. When only this test is used it is 68% accurate to determine BAC over.10% Test requires a straight and level line. Test has two phases, instructional phase and walking stage Test is demonstrated to person as it is explained 8 clues possible, 2 clues fails test

26 Walk and Turn Test Procedure Instructions for person Put your left foot on the line Take your right foot and put it in front of your left foot touching heel-to-toe. Keep your hands at your sides Remain in this position while I explain the reminder of the test Do not start the test until instructed to do so. Do you understand?

27 Walk and Turn Test Procedure Instructions continued When I tell you to start take 9 heel-to-toe steps down the line. When you reach the end of the line keep your front foot planted and take a series of small steps turning in a circle. Take 9 steps back Each time you take a step you are to touch heel to toe. Each time you take a step you are to count it out loud. At all times you need to keep your hands at your sides. Once you start the test do not stop walking. Each step is to be completed on the line. Do you have any questions? Let them begin the test.

28 Walk and Turn Test Scoring 8 possible clues, 2 clues fails the test Cannot balance during instructions Starts test prior to being instructed to do so Stops walking during test Misses heel-to-toe by more than ½ inch Steps completely off the line Uses arms to balance (Raises arms more than 6 inches from their sides) Turned around improperly Improper number of steps

29 One Leg Stand Test Divided attention test Person will stand and balance on one leg while counting out loud. Test has two phases, instructional phase and balance stage. Test is demonstrated while it is explained. 4 clues possible, 2 clues fails test When only this test is used it is 65% accurate to determine BAC over.10%.

30 One Leg Stand Test Procedure Instructions for person Stand with your feet together and arms at your side while I explain and demonstrate the test. Do not start under instructed to do so. When I tell you to start you are going to balance on one leg. You may pick which leg you choose to stand on. Take one leg and raise it 6 inches off the ground. Keep your raised foot parallel to the ground and do not put your foot down Look at your foot while you count. Count like this: one-thousand and one, one-thousand and two until I tell you to stop. This will be about 30 seconds. Keep your hands at your sides during the test. Do you have any questions?

31 One Leg Stand Test Scoring 4 possible clues, 2 clues fails the test Sways while balancing Uses arms to balance (Raises arms more than 6 inches from their sides) Hops Puts foot down

32 Preliminary Breath Test (PBT) PBT is a hand held device which analyzes a persons breath to give a determination of their BAC. This is only used to show the correlation between physical impairment observed in physical tests and the presence of alcohol. Results are not admissible in court only that they tested over the legal limit on the PBT. Not submitting to a PBT does not have an effect on drivers license status. Not submitting to a PBT does not require mandatory arrest.

33 Arrest If person is determined to be over the legal limit through testing they are placed under arrest. If a person refuses to complete SFST s and there is enough indicators of OWI they are also arrested. Arrested person is transported to jail or police station for further testing and booking.

34 Implied Consent Advisory Iowa is an implied consent state. This means a person implies they will submit to chemical testing for alcohol (Blood, Breath, Urine) when asked to do so by law enforcement. This is one of the things you are signing for when you sign your drivers license. Since we cannot physically make people submit to chemical testing the state has set up a process of license revocations which differs depending if you submit to chemical testing or not. Person is read the implied consent advisory. The entire length must actually be read aloud to the person.

35 Implied Consent Advisory Implied consent advisory states the following 1 st OWI: Take test and show over.08% BAC you will lose your license for 6 months (180 days). If you refuse to take the test you lose your license for 1 year. 2 nd and subsequent OWI: Take test and show over.08% you will lose your license for 1 year. If you refuse to take the test you lose your license for 2 years. Under 18 and test between %. Take test and show over.02% but less than.08% you will lose your license for 6 months or until you are 18 whichever is longer. Refuse to take the test you lose your license until you are 18.

36 Communications By Arrested Persons Iowa Code Any peace officer or other person having custody of any person arrested or restrained of the person's liberty for any reason whatever, shall permit that person, without unnecessary delay after arrival at the place of detention, to call, consult, and see a member of the person's family or an attorney of the person's choice, or both. Such person shall be permitted to make a reasonable number of telephone calls as may be required to secure an attorney. If a call is made, it shall be made in the presence of the person having custody of the one arrested or restrained. If such person is intoxicated, or a person under eighteen years of age, the call may be made by the person having custody. An attorney shall be permitted to see and consult confidentially with such person alone and in private at the jail or other place of custody without unreasonable delay. Allow person to make phone calls prior to making decision on submitting to chemical testing. Test must be completed or refused with in two hours of request (Implied consent) but case law has shortened this to two hours from time of traffic stop.

37 Chemical Testing Person decides if they want to consent or refuse to chemical testing and signs form State (Officer) has choice on what test is offered (Breath, Blood, Urine). If they refuse they are still charged if probable cause exists. If they submit to the test requested by the Officer they also have the option of obtaining an independent chemical test at their own expense.

38 Chemical Testing Breath: Test done on state supplied machine called a Datamaster. These results are admissible in court as evidence. Process uses infrared light to analyze alcohol content in breath. Blood: Blood draw done by certified person and sent to Iowa Crime Lab for analysis. Doctor, nurse, medical examiner. Urine: Can be taken by any Officer and sent to Iowa Crime Lab for analysis. First void best for alcohol testing. If you use blood or urine you need to wait for results from crime lab before OWI charges are pursued.

39 Additional Information Only release intoxicated person to a sober party due to liability reasons. Record all details including SFST clues in report. Drug Recognition Expert (DRE) can be used for drug intoxication. Accidents and hospitals

40 Court OWI arrests can result in a large amount of court time because they are frequently contested. DOT phone hearing Civil hearing regarding the revocation of drivers license. Preliminary hearing (If held in custody) Suppression hearing Trial

41 Punishments If found guilty there are many punishments imposed for OWI Substance abuse class Fine Jail time SR22 insurance Ignition Interlock Device