DUI/DWI procedures

Operating a Motor Vehicle Under the Influence (DUI/DWI)

  • Definition: Operating a motor vehicle under the influence of alcohol and/or drugs.

  • Relevant Regulations: Follow National Highway Traffic Safety Administration (NHTSA) Field Sobriety Standards.

Responsibilities and Roles

  • IAC Responsibilities:

    • Ensure vehicle operators are mentally and physically fit to operate a vehicle on installation roadways.

    • Conduct initial assessments as vehicles approach the gate and during credential verification.

    • Must recognize indicators of impairment which are consistent for both alcohol and narcotics.

Indicators of Impairment

Vehicle in Motion

  • Signs of Impairment While Approaching:

    • Excessive speed.

    • Extremely slow speed.

    • Hugging a road line.

    • Swerving.

    • Windows down during cold or inclement weather.

Contact with the Vehicle Operator

  • Signs Noticed Upon Interaction:

    • Odor of alcoholic beverage emitting from the operator or vehicle.

    • Slurred speech.

    • Bloodshot eyes.

    • Soiled or messy appearance.

    • Slow reaction time.

    • Loss or impaired manual dexterity (fine motor skills).

Documentation

  • DD Form 1920: Alcoholic Incident Report

    • Used to record tests and observations for incidents involving alcohol or drugs.

    • Essential for documenting insights during encounters with suspected impaired drivers.

    • Apprehending defender must complete the report and include all relevant observations for future reference.

Responding to a Suspected Impaired Driver

  • Detection: L&O Defenders observe unusual or abnormal driving behavior to identify impaired drivers.

  • Procedure:

    • Stop drivers demonstrating unusual driving behavior.

    • If consent is denied, transport the subject back to BDOC for further processing.

SFST (Standardized Field Sobriety Test) Administration

  • Documentation: SFST results must be recorded on DD Form 1920 regardless of final fitness determination.

  • Key Protocols:

    • Request vehicle keys before asking the driver to exit.

    • Do not allow the driver to move the vehicle.

    • Observe for evidence such as difficulty opening the door or reliance on the vehicle for support.

Limitations Prior to Testing

  • Inquire if suspect has any physical injuries or conditions (e.g., inner ear disorders, diabetes, epilepsy) that may affect their ability to perform tests.

  • Consult with supervising personnel to decide on detaining or releasing the suspect.

  • Important Time Limit: Maryland State has a 2-hour processing window to conduct necessary tests.

Preliminary Breath Test (PBT) Guidelines

  • Use of PBT: Not mandatory to confirm SFST findings but can assist in judgment.

    • Certified personnel using approved Maryland State Alco-Sensor may conduct tests.

    • PBT cannot be the sole basis for arrest; results may only indicate presence of alcohol or exclude medical complications.

    • Results from the PBT are admissible in court; however, the act of taking or refusing a PBT is not admissible.

PBT Administration Protocols

  • The administering officer must read MSP Form 102, PBT Advisement of Rights:

    • Completed in duplicate: one for the suspect and another for the records.

Pre-Exit Test Screening

  • Nature of Pre-Exit Tests: Informal, non-mandatory; no certification required for issuing tests.

  • Authorized Pre-Exit Tests:

    • Alphabet Test: Driver must recite part of the alphabet starting with a specified letter and stopping at another specified letter.

    • Example Instruction: "Without singing, recite the alphabet, beginning with the letter 'D' and stopping with 'O.'"

    • Number Count Test: Driver counts backward starting from a specified number to another.

    • Example Instruction: "Count out loud and backward, starting from '63' and ending with '48.'"

    • Finger Count Test: Driver touches the tip of each finger to the thumb while counting upward and downward.

    • Must complete two iterations of the test.

    • Participants need to show competency in basic counting and letter recognition, ensuring no medical issues affect test results.

Standard Field Sobriety Test (SFST)

Overview of SFST Protocols

  • Ensure suspects understand their rights under Miranda before administering tests.