Be Prepared for Roving DUI Patrols this 4th of July
Be Prepared for Roving DUI Patrols this 4th of July
The 4th of July holiday is a time to celebrate our nation’s independence. With parades, barbecues, and fireworks, there’s plenty of opportunity to party.
The 4th of July holiday is a time to celebrate our nation’s independence. With parades, barbecues, and fireworks, there’s plenty of opportunity to party.
As a result, police will work tirelessly to detect and deter drunk drivers by stepping up enforcement efforts. If your 4th of July celebration includes drinking alcohol, then make sure you’re prepared should you encounter a Roving DUI Patrol!
As a result, police will work tirelessly to detect and deter drunk drivers by stepping up enforcement efforts. If your 4th of July celebration includes drinking alcohol, then make sure you’re prepared should you encounter a Roving DUI Patrol!
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What are Roving DUI Patrols?
A Roving DUI Patrol is a police operation where uniformed officers participate in a directed patrol specifically designed to deter and detect the impaired driver and to enforce traffic regulations, stop vehicles for traffic and equipment violations. The goal of any roving patrol is to detect and deter. Roving patrol officers remove impaired drivers and thus reduce alcohol-related crashes and fatalities.
What are DUI Detection Cues?
The DUI Detection Cues encompass three phases: Phase I: Vehicle in Motion, Phase II: Personal Contact, and Phase III: Pre-Arrest Screening. The cues presented in these categories predict that a driver is DUI at least 35% of the time. Generally, the probability of DUI increases substantially when a driver exhibits more than one of the cues.
For example, if you observe a driver to be weaving or weaving across lane lines, the probability of DUI is more than 50%. However, if you observe either of the weaving cues and any other cue listed, the probability of DUI jumps to at least 65%. Observing any two cues other than weaving indicates a probability of DUI of at least 50%, although some cues, such as swerving, accelerating for no reason, and driving on other than the designated roadway, have single-cue probabilities greater than 70%.
Phase I: Vehicle in Motion
Phase 1 encompasses the observations by the officer as the vehicle travels on the highway or traffic way.
The officer may observe moving or equipment violations, or may have some other reason which draws attention to this vehicle, and for which the officer may stop the vehicle. The driving behaviors identified include:
1—Problems Maintaining Proper Lane Position: weaving, straddling a lane line, swerving, turning with a wide radius, drifting, and almost striking a vehicle or other object.
2—Speed and Braking Problems: stopping problems, accelerating or decelerating for no apparent reason, varying speed, and slow speed (10+ mph under limit).
3—Vigilance Problems: driving in opposing lanes or the wrong way on a one-way street, slow response to traffic signals, slow or failure to respond to officer’s signals, stopping in lane for no apparent reason, driving without headlights at night, and failure to signal or signal inconsistent with action.
4—Judgment Problems: following too closely, improper or unsafe lane change, illegal or improper turn, driving on other than the designated roadway, stopping inappropriately in response to officer, inappropriate or unusual behavior (throwing litter from the car, arguing with another motorist or generally being disorderly, etc.), and appearing to be impaired.
Phase II: Personal Contact
During this phase the officer can observe the driver in a face-to-face situation.
The officer may observe the physical appearance of the operator or physical evidence, or hear evidence of intoxication through slurred speech, inconsistent responses to questions and other sounds.
In addition, he/she may detect other evidence by the sense of smell, such as the odor of an alcoholic beverage or burning marijuana.
During this personal contact the individual is not under arrest. Thus there is an opportunity to ask questions to determine if this person is capable of driving a vehicle safely upon the roadway.
NO MIRANDA WARNINGS ARE NECESSARY. Ordinary traffic stops do not involve custody for the purposes of Miranda.
Phase III: Pre-Arrest Screening
The third phase includes Psycho-Physical Testing (Standard Field Sobriety Tests) and Preliminary Breath Testing.
1—Psycho-Physical Testing (Standard Field Sobriety Tests):
- Horizontal Gaze Nystagmus
- Vertical Gaze Nystagmus (drug detection)
- Tracking
- Pupil Size
- Walk and Turn
- One Leg Stand
2—Preliminary Breath Testing: Breath testing must be taken on a device approved by the Pennsylvania Department of Health. Its sole purpose, under statute, is to assist the police officer in determining whether or not a driver should be placed under arrest for DUI. However, readings are not admissible, other than pass/fail.
Wishing You a Happy Independence Day!
Keith J. Williams Law understands that, when faced with getting home after a night of drinking, some people choose the seemingly most convenient option of driving themselves. If you or a loved one is charged with DUI this Independence Day know that Keith J. Williams is here to provide an affordable, judgment-free legal defense.
Keith J. Williams will aggressively fight for your rights, work to protect your driver’s license, keep you out of jail, and reduce or eliminate any other penalties you may face.