OVI/DUI/DWI DETECTION & LEGAL PENALTIES/COSTS

OVI/DUI/DWI DETECTION & LEGAL PENALTIES/COSTS

AN INTRODUCTION Who I am... Who are the other important figures in the process... What type of court is this... Where do my rights to be free from searches and seizures come from...

! AN INTRODUCTION DEFENSE ATTORNEY (Everyone Here Has a Right to an Attorney) Arresting Officer Prosecutor Judge Jury Probation Officer Mayor s Court Municipal Court Court of Common Pleas Bill of Rights & the Fourth Amendment RIGHT TO BE FREE FROM UNREASONABLE SEARCHES & SEIZURES

PART I: Building a Case Against You Phase One: Vehicle in Motion. Phase Two: Face to Face Observations & Interview with the Driver. Phase Three: Psychophysical Field Sobriety Testing.

VEHICLE IN MOTION! INITIAL OBSERVATIONS OF VEHICLE OPERATION! OFFICER WILL ASK HIMSELF: Should I stop this vehicle?! If yes, He will observe the stopping sequence.! Task One: OBSERVING VEHICLE IN MOTION (V-1).! Task Two: OBSERVING SUSPECT RESPONSE TO SIGNAL TO STOP(V-1).

A Common Exception: A Checkpoint Stop A sobriety checkpoint is a roadblock set up by law enforcement officers in order to stop every or a subset of vehicles (every third, etc.) passing through the checkpoint. Yes, they are constitutional if properly executed. National Traffic Safety Administration (NHTSA) published recommended procedures. Effective? Not measurable. Can you avoid them? You cannot violate any laws, such as making a prohibited U-Turn.

Video of a Vehicle in Motion: Look for Cues

OBSERVATION & INTERVIEW PROBLEMS MAINTAINING LANE POSITION Weaving Drifting Swerving Straddling Line Almost Striking Object or Vehicle Turning With Wide Radius SPEED AND BRAKING PROBLEMS Problems Stopping (Too Far, Too Short, Too Jerky) Varying Speeds Slow Speed- Accelerating or Decelerating Rapidly VIGILANCE PROBLEMS No Headlights- Fail to Signal- Wrong Way Stopping in Lane For No Apparent Reason Slow or Failure to Respond to Signal JUDGMENT PROBLEMS Following Too Closely Illegal Turns Inappropriate Behavior Appearing to be Intoxicated - Driving on other than Designated Roadway

OBSERVE RESPONSE TO SIGNAL TO STOP THE STOPPING SEQUENCE An Attempt to Flee- No Response Abrupt Actions Sudden Stop POST STOP CUES Difficulty with Motor Vehicle Controls Difficulty Exiting the Vehicle Repeating Questions or Comments Slurred Speech Odor of Alcoholic Beverage from the Driver Provide Incorrect Information Swaying, Unsteady or Balance Problems Fumbling With Driver s License or Registration Leaning on Vehicle

PHASE TWO: PERSONAL CONTACT TASK ONE: Observation and Interview of Driver (Inside of Car) SIGHT HEARING SMELL TASK TWO Observe Manner in which Driver Exits to Note Any Additional Evidence of Impairment

Video of Face to Face Contact: Look for Cues

TASK ONE (INSIDE CAR) SIGHT HEARING SMELL Bloodshot Eyes Soiled Clothing Fumbling Fingers Slurred Speech Admission of Drinking Alcoholic Beverages Marijuana Alcohol Container Inconsistent Cover-Up Odors Drugs/Paraphernalia Responses Unusual Odors Bruises/Scrapes Abusive Language Unusual Statements

TASK TWO: EXITING VEHICLE THE EXIT SEQUENCE Shows Angry or Unusual Reactions Cannot Follow Instructions Cannot Open Door Leaves Vehicle in Gear Climbs Out of Vehicle Leans Against Vehicle Keeps Hands on Vehicle for Balance

PHASE THREE: PRE-ARREST SCREENING TASK ONE: ADMINISTER THREE (3) SCIENTIFICALLY VALIDATED (FIELD) SOBRIETY TESTS. HORIZONTAL GAZE NYSTAGMUS (HGN) TEST WALK & TURN TEST ONE LEGGED STAND TEST TASK TWO: ADMINISTER OR ARRANGE FOR A PBT TO CONFIRM CHEMICAL BASIS OF IMPAIRMENT

Video of HGN Test

HORIZONTAL GAZE NYSTAGMUS Nystagmus is defined as an involuntary jerking of the eyes. Alcohol and certain other drugs cause Horizontal Gaze Nystgamus.! Vestibular Nystagmus Caused by movement or action to the vestibular system (contributor to balance inner ear).

HGN PROCEDURES Officers are Looking for an Involuntary Jerking of the Eyes Occurring as the Eyes Gaze Toward the Side. THREE CUES THE LACK OF SMOOTH PURSUIT (CLUE #1)! DISTINCT AND SUSTAINED NYSTAGMUS AT MAX DEVIATION (CLUE #2)! ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES(CLUE #3)

SPECIFIC PROCEDURES I AM GOING TO CHECK YOUR EYES KEEP YOUR HEAD STILL AND FOLLOW THIS STIMULUS WITH YOUR EYES ONLY KEEP FOLLOWING THE STIMULUS WITH YOUR EYES UNTIL I TELL YOU TO STOP STIMULUS HOLD STIMULUS APPROX. 12-15 INCHES FROM SUSPECTS NOSE AND SLIGHTLY ABOVE EYE LEVEL CHECK FOR EQUAL PUPIL SIZE, RESTING NYSTAGMUS AND EQUAL TRACKING (CHECKING FOR MED. IMP.) LACK OF SMOOTH PURSUIT, Con t

PROCEDURES CONTINUED LACK OF SMOOTH PURSUIT CHECK LEFT EYE (MOVING STIMULUS TO YOUR RIGHT)! SPEED 2 SECONDS TO BRING EYE AS FAR TO SIDE AS IT CAN GO! MOVE STIMULUS ALL THE WAY TO THE LEFT, BACK ACROSS SUSPECT S FACE MOVEMENT OF STIMULUS SHOULD TAKE APPROX. 2 SECONDS OUT AND 2 SECONDS BACK FOR EARCH REPEAT PROCEDURE

PROCEDURES CONTINUED DISTINCT AND SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION BEGIN WITH SUSPECTS S LEFT EYE MOVE STIMULUS TO SUSPECT LEFT SIDE (MOVING RIGHT) UNTIL EYE HAS GONE AS FAR TO SIDE AS POSSIBLE NO WHITE SHOWING IN CORNER AT MAXIMUM DEVIATION HOLD EYE AT THIS POSITION FOR MINIMUM 4 SECONDS MOVE ALL THE WAY BACK ACROSS FACE TO CHECK RIGHT EYE HOLDING FOR MAXIMUM 4 SECONDS REPEAT FATIGUE NYSTAGMUS CAN RESULT IF HELD FOR MORE THAN 30 SECONDS

PROCEDURES CONTINUED ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES MOVE STIMULUS TOWARDS RIGHT (LEFT EYE) AT SPEED THAT WOULD TAKE APPROX. 4 SECONDS FOR STIMULUS TO REACH EDGE OF SUSPECT S SHOULDER WATCH EYE FOR JERKING WHEN YOU SEE IT, STOP AND VERIFY THAT JERKING CONTINUES MOVE STIMULUS TO LEFT (RIGHT EYE) AT SPEED THAT WOULD TAKE APPROXIMATELY 4 SECONDS FOR STIMULUS TO REACH EDGE OF SHOULDER WATCH FOR NYSTAGMUS WHEN YOU SEE, STOP AND VERIFY JERKING CONTINUES REPEAT FATIGUE NYSTAGMUS CAN RESULT IF HELD FOR MORE THAN 30 SECONDS

PROCEDURES CONTINUED VERTICLE GAZE NYSTAGMUS LOOK FOR JERKING AS EYES MOVE UP AND ARE HELD FOR APPROX. 4 SECONDS AT MAXIMUM DEVIATION POSITION HORIZONTALLY ABOUT 12-15 INCHES IN FRONT OF NOSE RAISE OBJECT UNTIL EYES ELEVATED AS FAR AS POSSIBLE HOLD FOR 4 SECONDS WATCH FOR EVIDENCE OF JERKING

WALK & TURN TEST

WALK & TURN TEST INSTRUCTION STAGE Place left foot on line! Place right foot on line ahead of left foot, with heel of right foot against toe of left foot! Place arms down at your sides! Maintain position until I have completed the instructions do not start to walk until told to do so.! Do you understand the instructions so far (make sure the suspect understands)

WALK & TURN TEST, Con t DEMONSTRATIONS AND INSTRUCTIONS FOR WALKING STAGE When I tell you to start, take 9 heel to toe steps, turn and take 9 heel to toe steps back. (DEMONSTRATE 3 HEEL TO TOE STEPS) When you turn, keep front foot on line, and turn by taking a series of small steps with the other foot, like this (DEMONSTRATE) While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud. Once you start walking, don t stop until you have completed the test. Do you understand the instructions (make sure understands) Begin, and count your first steps from the heel to toe position as 1.

WALK & TURN TEST, Con t TEST INTERPRETATION Cannot keep balance while listening to the instructions Starts before instructions are finished Stops while walking Does not touch heel to toe Steps off the line Uses arms to balance Improper Turn Incorrect number of steps If suspect cannot do test, record observed clue and document reasons for not completing the test! If suspect has difficulty with test (for example, steps off the line) continue from that point, not from beginning. This test may lose sensitivity if it is repeated several times.! IF 2 or more clues or fails to complete. Classify at BAC over.10.

VIDEO OF A PERFECT SCORE

ONE LEGGED STAND TEST

ONE LEGGED STAND TEST INSTRUCTION STAGE Please stand with your feet together and your arms down at the side, like this Do not start to perform the test until I tell you to do so Do you understand the instructions so far?(make sure suspect understands) DEMONSTRATINS & INSTRUCTIONS FOR BALANCE AND COUNTING When I tell you to start, raise one leg, either leg, with foot approx. 6 inches off the ground, keeping your raised foot parallel to the ground. DEMONSTRATE You must keep both feet straight, arms at your side While holding that position, count out loud in the following manner one thousand and one, one thousand and two, one thousand and three, until told to stop DEMONSTRATE A COUNT

ONE LEGGED STAND TEST DEMONSTRATE A COUNT, Con t Keep your arms at your sides at all times and keep watching the raised foot. Do you understand? (Make sure suspect understands) Go ahead and perform the test. (OFFICER SHOULD ALWAYS TIME THE 30 SECONDS. TEST SHOULD BE DISCONTINUED AFTER 30 SECONDS) TEST INTERPRETATION Suspect sways while balancing Uses Arms for balance Hopping Puts foot down! IF 2 OR MORE CLUES, GOOD CHANCE BAC OVER.10

VIDEO OF A PERFECT SCORE

PART II: PENALTIES / COSTS Attorney Fees Court Costs & Fines Driving Privileges Insurance Costs Points on Your License Your livelihood Medical, Legal, City, State and Corporate Employees

TYPES OF OFFENSES Operation under the influence of alcohol, drug of abuse of both. RC 4511.19(A)(1)(a). Operation with specified concentration of alcohol. RC 4511.19(A)(1)(b)-(i). Operation with concentration of controlled substance. RC 4511.19(A)(1)(j)(i)-(x). Operation under the influence of alcohol, drug of abuse or both, with prior OVI conviction in 20 years, and with current refusal of chemical test or tests. RC 4511.19(A)(2). Operation by person under age 21 with concentration of alcohol specified below. RC 4511.19(B)(1)-(4).

PROHIBITED CONCENTRATION OF ALCOHOL

Operation with Concentration of Controlled Substance RC 4511.19(A) (l)(j)(i)-(x) Amphetamine Cocaine Cocaine Metabolite Heroin Heroin Metabolite Marihuana Marihuana Metabolite Methamphetamine Phencyclideine

THE BMV & THE ADMINISTRATIVE LICENSE SUSPENSION (ALS) License Suspension will be Imposed You have a Right to Appeal Narrow Grounds Officer Had Reasonable Grounds for OVI Officer Requested Suspect to Submit to Test Suspect Informed of Consequences Suspect Refused / Prohibited Level of Alch./Drugs Successful Appeal Results STAY ALS TERMINATE & DELETE ALS

ADMINISTRATIVE LICENSE SUSPENSIONS (ALS): REFUSAL

ADMINISTRATIVE LICENSE SUSPENSION: FAILED CHEMICAL TEST

THE COURT WILL IMPOSE SIGNIFICANT PENALTIES

OPERATING VEHICLE UNDERAGE ALCOHOL CONSUMPTION 4 Points

FIRST TIME OVI/DUI/DWI (6 POINTS)

SECOND OVI CONVICTION (6 POINTS)

THIRD OVI CONVICTION (6 POINTS)

PHYSICAL CONTROL WHILE UNDER THE INFLUENCE RC 4511.194 (0 Points)

CONCLUSION Officers are building a case against you at three stages: (1) Vehicle in Motion; (2) Face to Face Observations; and (3) Field Sobriety Tests. BMV Imposes Penalties on your License Court Imposes Penalties on your License / Jail Time / Treatment / Vehicle Immobilization Employer May Impose Penalties

THE (SECOND) TO LAST SLIDE Administrative License Suspension Caused Unintended Consequences Refusal / Low Tier = Often the Same Result License Suspension (6 months) $475 Reinstatement Fee High Tier = Most Significant First Offense Penalty Six Days in Jail One Year License Suspension $475 Reinstatement Fee RECORD SEALING / EXPUNGEMENTS Currently No Traffic Offenses in Ohio Can be Expunge/Sealed. Ohio Crimes: Felonies (After 3 Yrs); or 2 Misdemeanors (After 1 Yr.) Other States? Arkansas (After 5 Yrs); Illinois (Judicial Supervision); Pennsylvania (Accelerated Rehabilitative Disposition); Kentucky (5 Yrs.); Iowa (Deferred Judgment);

QUESTIONS? Mark M. Jablonski, Esq. Phone: 440-821-3454 mark.jablonski@case.edu