July 28, 2014

DWI Detection and Field Sobriety Testing- Section 5 Phase One



At the conclusion of this session, participants will be able to:
       Identify typical cues of Detection Phase One
       Describe the observed cues clearly and convincingly

The first task, observing the vehicle in motion, begins when you first notice the vehicle, driver or both. Your attention may be drawn to the vehicle by such things as:
       A moving traffic violation
       An equipment violation
       An expired registration or inspection sticker
       Unusual driving actions, such as weaving within a lane or moving at a slower than normal speed
       Evidence of drinking or drugs in vehicle

If this initial observation discloses vehicle maneuvers or human behaviors that may be associated with impairment, you may develop an initial suspicion of DWI.
Based upon this initial observation of the vehicle in motion, you must decide whether there is reasonable suspicion to stop the vehicle. At this point you have three choices:
       Stop the vehicle.
       Continue to observe the vehicle. • Alternatives to stopping the vehicle include:
       Delaying the stop/no stop decision, in order to continue observing the vehicle
       Disregarding the vehicle

Common Symptoms of Alcohol Influence
Blood Alcohol Concentration
Slowed ImpairedImpairedPoor Reaction Judgment Vision Coordination
and Standardized Fie d Sobr ety Test ng
B. Initial Observations: Visual Cues of Impaired Vehicle Operation (Automobiles)
Drivers who are impaired frequently exhibit certain effects or symptoms of impairment. These include:
       Slowed reactions.
       Impaired judgment as evidenced by a willingness to take risks.
       Impaired vision.
       Poor coordination.
Common Symptoms of Alcohol Influence (Cont.)
Blood Alcohol Concentration
0.03 0.05 0.08 0.10

Slowed ImpairedImpaired Poor Reaction Judgment Vision Coordination
Fie d Sobr ety Test ng
This unit focuses on alcohol impairment because research currently provides more information about the effects of alcohol on driving than it does about the effects of other drugs on driving.  Remember that whether the driver is impaired, the law enforcement detection process is the same, and the offense is still DWI.

The common effects of alcohol on the driver's mental and physical faculties lead to predictable driving violations and vehicle operating characteristics. The National Highway Traffic Safety Administration (NHTSA) sponsored research to identify the most common and reliable initial indicators of DWI. This research identified 24 cues, each with an associated high probability that the driver exhibiting the cue is impaired. These cues and their associated probabilities are described in the NHTSA publication,

The Visual Detection of DWI Motorists.
They also are discussed in Visual Detection of Driving While Intoxicated, a video sponsored by NHTSA to assist law enforcement officers to recognize DWI detection cues.
(ANACAPA Sciences, DOT HS 808 654, 1997.)
The National Highway Traffic Safety Administration sponsored research to identify the most common and reliable initial indicators of DWI.
Research identified 100 cues, each providing a high probability indication that the driver is under the influence.
The list was reduced to 24 cues during three field studies involving hundreds of officers and more than 12,000 enforcement stops.

Most Common and Reliable Initial Indicators of DWI
       Problems in maintaining proper lane position
       Speed and braking problems
       Vigilance problems
       Judgment problems
Fie d Sobr ety Test ng
The driving behaviors are presented in four categories:
       Problems in maintaining proper lane position
       Speed and braking problems
       Vigilance problems
       Judgment problems

Problems Maintaining Proper Lane Position
       Weaving
       Weaving across lane line
       Drifting
       Straddling a lane line
       Swerving
       Almost striking object or vehicle
       Turning with a wide radius
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There is a brochure published by NHTSA that contains these cues. The title is “The Visual Detection of DWI Motorists” DOT HS 808 677. The first category is: Problems in maintaining proper lane position. [p=.50-.75]
       Weaving.
       Weaving across lane lines.
       Drifting.
       Straddling a lane line.
       Swerving.
       Almost striking object or vehicle.
       Turning with a wide radius.

Speed and Braking Problems
       Stopping problems
       Unnecessary acceleration or deceleration
       Varying speed
       10 mph or more under the speed limit
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Speed and braking problems. [p=.45-.70].
       Stopping problems (too far, too short, or too jerky).
       Unnecessary acceleration or deceleration
       Varying speed
       10 mph or more under the speed limit

Vigilance Problems
       Driving without headlights at night
       Failure to signal or signal inconsistent with action
       Driving in opposing lanes or wrong way on one way
       Slow response to traffic signals
       Slow or failure to respond to officer’s signals
       Stopping in lane for no apparent reason
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The third problem is vigilance problems. [P=.55-.65]. This category includes, but is not limited to:
       Driving without headlights at night
       Failure to signal or signal inconsistent with action
       Driving in opposing lanes or wrong way on one way
       Slow response to traffic signals
       Slow or failure to respond to officer’s signals
       Stopping in lane for no apparent reason

Judgment Problems
       Following too closely
       Improper or unsafe lane change
       Illegal or improper turn
       Driving on other than designated roadway
       Stopping inappropriately in response to officer
       Inappropriate or unusual behavior
       Appearing to be impaired
Sobr ety Test ng
Judgment problems. [P=.35-.90].
       Following too closely (tailgating)
       Improper or unsafe lane change
       Illegal or improper turn
       Driving on other than designated roadway
       Stopping inappropriately in response to officer
       Inappropriate or unusual behavior (throwing objects, arguing, etc.)
       Appearing to be impaired

Post Stop Clues
       Difficulty with motor vehicle controls
       Fumbling with driver license or registration
       Difficulty exiting the vehicle
       Repeating questions or comments
       Swaying, unsteady, or balance problems
       Leaning on the vehicle or other object
       Slurred speech
       Slow to respond to officer/officer must repeat
       Provides incorrect information, changes answers
       Odor of alcoholic beverage from the driver
Fie d Sobr ety Test ng
The research also identified 10 post stop cues. [P > .85].
       Difficulty with motor vehicle controls
       Fumbling with driver license or registration
       Difficulty exiting the vehicle
       Repeating questions or comments
       Swaying, unsteady, or balance problems
       Leaning on the vehicle or other object
       Slurred speech
       Slow to respond to officer/officer must repeat
       Provides incorrect information, changes answers
       Odor of alcoholic beverage from the driver Explanation and illustration of the 24 detection cues.

Visual Cues of Motorcycle Impaired Drivers
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C. Initial Observations: Visual Cues of Impaired Vehicle Operation (Motorcycles)

Motorcycle DUI Detection Guide Excellent Cues (50% or Greater Probability)
       Drifting during turn or curve
       Trouble with dismount
       Trouble with balance at a stop
       Turning problems
       Inattentive to surroundings
       Inappropriate or unusual behavior
       Weaving
Fie d Sobr ety Test ng
Research has identified driving impairment cues for motorcyclists.
(ANACAPA Sciences, DOT HS 807 839, 1993.)
Excellent cues (50% or greater probability).
       Drifting during turn or curve
       Trouble with dismount
       Trouble with balance at a stop
       Turning problems (e.g., unsteady, sudden corrections, late braking, improper lean angle)
       Inattentive to surroundings
       Inappropriate or unusual behavior (e.g., carrying or dropping object, urinating at roadside, disorderly conduct, etc.)
       Weaving

Motorcycle DUI Detection Guide Good cues (30 to 50% probability)
       Erratic movements while going straight
       Operating without lights at night
       Recklessness
       Following too closely
       Running stop light or sign
       Evasion
       Traveling wrong way
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Good Cues (30 to 50% probability)
       Erratic movements while going straight
       Operating without lights at night
       Recklessness
       Following too closely
       Running stop light or sign
       Evasion
       Traveling wrong way

Relationship of Visual Cues to Impaired Divided Attention Capability
Driving is a complex task, composed of many parts:
       Steering
       Controlling accelerator
       Signaling
       Controlling brake pedal
       Operating clutch (if applicable)
       Operating gearshift (if applicable)
       Observing other traffic
       Observing signal lights, stop signs, other traffic control devices
       Making decisions (whether to stop, turn, speed up, slow down, etc.)
       Many other things

In order to drive safely, a driver must be able to divide attention among all of these various activities.
Under the influence of alcohol or many drugs, a person's ability to divide attention becomes impaired.
The impaired driver tends to concentrate on certain parts of driving and to disregard other parts.
       Alcohol has impaired ability to divide attention.
       Driver is concentrating on steering and controlling the accelerator and brake.
       Does not respond to the particular color of the traffic light.

Some of the most significant evidence from all three phases of DWI detection can be related directly to the effects of alcohol and/or other drugs on divided attention ability.

D. Recognition and Description of Initial Cues
What do you see?
       Moving violation?
       Equipment violation?
       Other violation?
       Unusual operation?
       Anything else?

Phase One: Task One Initial Observation of Vehicle Operation
Requires the ability to:
       Recognize evidence of alcohol and/or other drug influence
       Describe that evidence clearly and convincingly
Standard zed Fie d Sobr ety Test ng
Phase One: Task One Initial Observation of Vehicle Operation
The task of making initial observations of vehicle operation is the first step in the job of DWI detection.
Proper performance of that task demands two distinct but related abilities:
       Ability to recognize evidence of alcohol and/or other drug influence.
       Ability to describe that evidence clearly and convincingly.

It is not enough that a police officer observe and recognize symptoms of impaired driving. The officer must be able to articulate what was observed so that a judge or jury will have a clear mental image of exactly what took place.
Improving the ability to recognize and clearly describe observational evidence requires practice.
It isn't practical to have impaired drivers actually drive through the classroom.
The next best thing is to use video to portray typical DWI detection contacts.

Procedures for Practicing Cue Recognition and Description
       View DWI violation videos
       Take notes
       Testify
       Choose words carefully
       Provide as much detail as possible
       Construct accurate image of observations
       Critique testimony

E. Typical Reinforcing Cues of the Stopping Sequence
After the command to stop is given, the alcohol impaired driver may exhibit additional important evidence of DWI.
Some of these cues are exhibited because the stop command places additional demands on the driver's ability to divide attention.
The signal to stop creates a new situation, to which the driver must devote some attention, i.e., emergency flashing lights, siren, etc., demand and divert the subject's attention.
Signal to stop requires the driver to turn the steering wheel, operate the brake pedal, activate the signal light, etc.
As soon as officer gives the stop command, the subject's driving task becomes more complex.
If subject is under the influence, the subject may not be able to handle this more complex driving very well.
Session 5 Phase  One: Veh cle n Mot on
Phase One: Task Two

Observation of the Stop Requires the ability to:
       Recognize evidence of alcohol and/or other drug influence
       Describe that evidence clearly and convincingly
Test ng
Phase One: Task Two Observation of the Stop
It is the officer's responsibility to capture and convey the additional evidence of impairment that may be exhibited during the stopping sequence.
       Requires ability to recognize evidence of alcohol and/or other drug influence.
       Requires ability to describe that evidence clearly and convincingly.
       Recognition and Description of Initial and Reinforcing Cues Procedures for practicing cue recognition and description.
Course
Test your Knowledge
INSTRUCTIONS: Complete the following sentences.

1. The Phase One tasks are
2. Two common symptoms of impairment are:
3. Alcohol impairs the ability to among tasks.
4.Three cues reinforcing the suspicion of DWI which may be observed during the stopping sequence are:

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