DUI and Traffic Law Violations

Flashcards covering key concepts and procedures related to DUI enforcement and traffic law violations.

BANG (Regarding Impaired Drivers)

Specific driving behaviors indicating possible alcohol/drug impairment.

BANG (Vehicle Stops)

Driving/other behaviors during vehicle stops providing additional suspicion of impairment.

BANG (Observations)

Note all observations leading to the suspicion that the driver may be impaired.

BANG (Pursuit)

Exercise due care and caution in pursuing impaired drivers and be alert for unusual or inappropriate reactions from the driver.

BANG (Apprehension)

Pursuit should not be prolonged; apprehension should be made as soon as possible in a safe location.

BANG (Assistance)

Summon assistance if necessary.

BANG (Vehicle Movement)

Once stopped, do not allow the impaired driver to move the vehicle.

BANG (Documents)

Obtain driver's license and other appropriate documents.

BANG (Face-to-Face Contact)

Specific characteristics, attitudes and actions commonly manifested by impaired drivers during face-to-face contact.

BANG (Exiting Vehicle)

Request subject exit the vehicle and move to a safe location to conduct field sobriety tests if reasonable suspicion exists.

BANG (Sobriety Tests)

Administer appropriate field sobriety tests to assess impairment.

Examples of Field Sobriety Tests

Horizontal gaze nystagmus test, walk-and-turn, one-leg stand, PBT.

BANG (Arrest Decision)

Arrest decision based on evidence accumulated during the steps.

DUI - Physical Arrest

Affect a physical arrest if all elements of the DUI violation have been clearly established.

DUI - Rights and Responsibilities

Notify subject of his/her rights and responsibilities.

DUI - Handcuff and Search

Handcuff and search subject.

DUI - Transportation

Transport the subject to the station for evidential testing and processing.

DUI - Vehicle Impound

Tow in and/or impound violator's vehicle according to tow in procedures.

Evidential Chemical Testing

Conduct a breath test or have a urine test conducted if necessary.

BAC Insufficient?

If the suspect's BAC does not substantiate impairment, check for drugs or medical condition that may cause impairment.

Refusal of Evidential Chemical Test

Complete appropriate forms to invoke implied consent sanction.

.25% BAC or Higher

If the suspect tests .25% BAC or above, the prisoner will be transported to the nearest medical facility immediately, and examined by a physician.

Suspended or Revoked Drivers

Officers are frequently in the position of encountering drivers, following the detection of a traffic violation or other contact, who are unable to produce a valid operator's license.

Suspended or Revoked Drivers (Officer Action)

Issue a citation for the offense and ensure that the violator no longer operates the vehicle.

Suspended or Revoked Drivers (Vehicle Release)

The vehicle can be released to a third party to be driven from the scene, as long as the vehicle is properly registered and meets all legal requirements.

Suspended or Revoked Drivers (Vehicle Impound)

The vehicle is to be impounded in the absence of a third party driver and all department paperwork shall be completed.

Speed Enforcement Guidelines

It will be the practice to issue warnings for speed violations up to and including 5 mph over the posted limits. Any person exceeding the limit by 6 to 20 mph may be warned or cited, dependent on the seriousness of the violation as determined from the conditions and circumstances. It will be the policy of the Department that when speeds exceed the legal limits by 21 or more mph, citations in most instances will be issued.

Hazardous Violations

Hazardous violations shall generally be considered as those violations dealing with the driver's improper movement of a motor vehicle.

Off-Road Vehicle Violations

Off-road recreational vehicles (i.e., snowmobiles, dirt bikes, ATV's, mini-bikes) have been found in this jurisdiction, and in many cases are being used on streets and highways illegally.

Enforcement Actions for Off-Road Vehicle Violations

Removal of unlicensed vehicles from streets and highways Violation of off-road vehicle registration laws Improper use of street and highway crossings City ordinance violation of excessive noise State statute violation of property damage or trespass Juvenile offenses

Multiple Equipment Violations

When a vehicle is found to be in violation of multiple equipment requirements, a citation should usually be issued for the most serious violation.

Public Carrier/Commercial Vehicle Violations

Enforcement of motor vehicle laws will include writing citations or warnings for violations of commercial vehicle laws, as well as all traffic laws governing motor vehicle operation.

Non-Hazardous Violations

Are usually the result of an intentional failure to comply with the law or unintentional violations, usually the result of forgetting to have proper paperwork in order.

Multiple Hazardous Violations Enforcement

Enforcement of multiple hazardous violations may require the issuance of more than one citation for the incident, even though the violations are closely related.