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A refresher on the three phases of a DUI/DWI investigation
Impaired drivers are responsible for a dis- proportionate number of vehicle crashes re- sulting in death and serious bodily injury. There are three phases to a DUI investigation as taught through the National Highway Traffic Safety Administration (NHTSA) 24-hour DUI Detection and Standardized Field Sobri-
Phase 2: Driver Contact
Officer safety at this point is paramount to a DUI ar- rest. During driver contact, officers should use all senses: smell, sight and hearing. For example, how did the driver stop after the lights were activated? Did the driver respond
immediately and pull over in a safe manner or did he fail to initially observe the lights and then ultimately stop in an awkward position on or off the roadway? When approaching the vehicle, look for unusu- al movements and other evidence of impairment such as alcohol containers. Observe the driver’s motor skills in producing his driver’s license. Use the technique known as divided attention by asking for documentation and then asking questions such as, “Where are you going and where are you coming from?” Is there the smell of an alcoholic beverage, glassy eyes and slurred speech? Ask the driver whether he has been drink-
ing and how much.
The next decision is whether to ask the driver to exit the
vehicle. Observe the driver’s balance, such as whether he hangs on to the vehicle to exit, sways, stumbles, etc.
Phase 3: Pre-Arrest Screening
This phase consists of administering the three NHTSA Standardized Field Sobriety Tests, which are as follows:
1. Horizontal Gaze Nystagmus (HGN) Test: The HGN is the most accurate test if administered properly. In gen- eral, the officer holds a stimulus such as a pen, light or even his finger 12 to 14 inches from the driver and slight- ly above eye level. Nystagmus is simply the involuntary jerking of the eyes as they gaze to the side, which can be caused by alcohol. The NHTSA standards are quite spe- cific in how the test must be conducted and many officers perform the test incorrectly, so refer to the NHTSA Man- ual.
The officer instructs the driver to stand still with arms at side and head still, following the stimulus only by mov- ing the eyes and not by moving the head. The officer must first conduct a brief medical assessment by determining whether there is resting nystagmus. That is, the eyes are jerking at rest which could indicate a neurological con- dition or that the driver is on a drug such as PCP, which is then an officer safety issue. The officer next checks for equal pupil size and then moves the stimulus from left to right twice to determine if there is equal tracking of the eyes. That is, that both eyes are moving together.
When the test starts, the stimulus again is moved from left to right twice to observe whether there is smooth pur- suit of the eyes. If there is a lack of smooth pursuit, the officer will move the stimulus left to right twice to maxi-
ROBERT H. HANAFORD
ety Testing course. This article is only an overview; reference the NHTSA manual for detailed requirements.
Phase 1: Vehicle in Motion
Officers are trained to observe clues that could in- dicate impairment such as a vehicle that hits a curb or other object, weaving over the lane or within the lane, failure to obey traffic signals or any other unusual driving. In this phase, the decision is whether to stop the vehicle; only reasonable suspicion of a traffic violation is neces- sary to stop the driver. During this phase the officer is es- tablishing evidence of impairment that may be used to prove DUI.
LEGAL INFORMATION
Since 1982, the Law O ces of Robert Hanaford have specialized in:
• Personal Injury
• Police Liability Issues
• Disciplinary Issues
• Police O cer’s Bill of Rights
• Criminal & DUI Defense
Professional Credentials include:
• Former NEMERT Instructor on Police Liability Under State & Federal Law & Control Tactics
• Instructor for the Major Crime Assistance Team on Police Liability & O cer Involved Shootings
• Attended the California Training Institute on Force Encounters Analysis: Understanding Human Performance during Critical Incidents
• Formerly employed by the Cook County Sheri ’s Police, Civilian Dispatch
• Assistant Judo Instructor Chicago Police Judo Club
O ces conveniently located in Chicago and Fox River Grove
150 S. Wacker Dr. #2600 100 S. Northwest Highway Chicago, IL 60606 Fox River Grove, IL 60021
Please contact us 24/7 for a FREE consultation: Phone: (312) 899-9020 • Cell: (312) 636-4807 Fax: (847) 516-5292 • www.Hanafordlaw.com
50 CHICAGO LODGE 7 ■ JANUARY 2017