Roll Call Training Bulletin - 2091

Roll Call Training Bulletin Produced by: Sgt. Robert Young , PSU -IST Daniel Hahn , Chief of Police Prepared by: Officer Jesus Trejo , PSU -IST Volume 91 Drivin g Under the Influence (DUI) Investigations 02-10-21 DUI’s are one of the most common arrests made by police officers. Often , officers find themselves having questions on how to properly investigate a DUI , particularly when a DUI involves an uncoope rative person . The p urpose of this training bulletin is to provide some guidance and resources on how to properly inves tigate those complicated DUIs. Officers should consider using the multi -phase investigation technique when investigating DUI s. Each phase provides the officer with information and facts to suppo rt an officer ’s probable cause to arrest for DUI . Phase 1 (Information and facts gathered prior to contacting the driver ) Phase 1 includ es observations made while the vehicle is in motion . These observations may support probable cause (PC) . The following are e xamples of irregular driving that would raise doubt as to a driver ’s sobriety : Indicator Deviatio ns Movement • weaving , swerving , drifting • turning with wide radius • turning abruptly o r illegally • strikin g or almost striking an object or another vehicle • driving into opposing traffic Speed • low speed (more than 10 -mph below) • stopping (without cause) i n a traffic lane • accelerating or decelerati ng rapidly • stopping inappropriately • braking erratically Position • straddling center or lane marker • driving on other than designated roadway (e.g., shoulder) • tires on center of lane marker • following too closely Driver Action • appearing to be impaired (e. g., slack facial muscles, drooping eyes) • driving with headlights off • slowly responding to traffic signals • signaling inconsistent with driving actions Roll Call Training Bulletin Produced by: Sgt. Robert Young , PSU -IST Daniel Hahn , Chief of Police Prepared by: Officer Jesus Trejo , PSU -IST Volume 91 Note: Although DUIs are usually initiated through direct observation, officer s can also become aware of a DUI through reports from o ther persons, and calls involving a vehicle collision . Officers should consider speaking to witnesses as they can often provide vital information that ma y likewise support PC for DUI. Phase 2 (Personal contact) Officers should look for signs of impairment . The fol lowing table identifies possible indicators a n officer might look for during the initial contact. Indica tor Deviation General Appearance • appearance associated with the lack of sleep (e.g., drooping eyelids, red, and/or watery eyes, relaxed facial musc les) Eyes • apparent difficulty focusing eyes upon an object, or • refusal to look directly at the peace officer Speech • odor of in toxicants on the breath • poor enunciation, slurred speech Attitude • signs of nervousness • unus ual cheerfulness or friendliness • apparent hesitancy in complying with lawful orders or instructions • appearing agitated • other inappropriate behavior Actions • impaired motor skills (poor balance and coordination) • difficulty in understanding simp le questi ons or instructions • manner of ge tting out of the car • tremor of hands • poor hand coordination Phase 1 and Phase 2 are significantly more important in cases where a person r efuses to do field sobriety tests ( FSTs ) and/or submit to a preliminary alcohol s creening ( PAS) test . Officers are advised not to overly rely on FSTs an d the PAS, that we tend to minimize the importan ce of these first two phase s. Phase 3 (Pre-arrest screening ) Phase 3 involves doing the preliminary interview (should always be done before FSTs) , FSTs and having th e driver blow into a PAS. Officers sh ould alwa ys attempt to do FSTs when possible . Being involved in a vehicle collision does not automat ically exempt a driver from FST s. Officers should evaluate the driver ’s injuries (if any) to determine if an inj ury may affect the driver ’s ability to perfo rm any or all FSTs. Even when a person is transported t o the h ospital, consider whether you can conduct any FSTs at the hospital (HGN, alphabet, counting, PAS). Roll Call Training Bulletin Produced by: Sgt. Robert Young , PSU -IST Daniel Hahn , Chief of Police Prepared by: Officer Jesus Trejo , PSU -IST Volume 91 Also, as a reminder, officers are not r equired to provid e Miranda during the FSTs . However; officers must give Miranda prior to asking questions , if the driver is in custody . Officers are also rem inded that t he PAS may be used to support your investigation, but it is not enough t o comprise your ENTIRE invest igation. The PAS should be used after complet ing FSTs. Using a PAS prior to FSTs could be argued that it prejudges the FSTs . At the completion of Phase 3, officers will determine if there is PC for a DUI arrest . In