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DWI

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001_max50

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Posted about 6 years ago

 

After completing the SFST's on a driver, do you tell them they are "under arrest for DWI" or "you are being detained for suspicion of driving while intoxicated"? What is the proper thing to say? 

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Rate This | Posted about 6 years ago

 

In Indiana they are read an implied consent warning then detained and taken for a certified breath/blood test.  Then when the results are given they are arrested if they are over .08

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Rate This | Posted about 6 years ago

 

Once I've made my decision on the roadside I use, "You are under arrest for DUI."  I've never had any problems with any of my cases.  In Virginia we make our decision to arrest based on driving behavior, SFST's and general interaction with the driver.  We don't get a certified breath test until after a decision is made to arrest.  State law requires that a roadside PBT be provided if available however the results can not be used in court in regards to a DUI charge.  Because of our way of doing things we end up sometimes with DUI's that only blow .05 .06 .07.  But it's all good as long as you have driving behavior, SFST's, statements, etc.  Our courts give a presumption that you are intoxicated with .08 or higher but don't automatically dismiss lower BAC's, they just leave it up to the arresting officer to make the case.

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Rate This | Posted about 6 years ago

 

We also can arrest if they show impairment at .04 or above.  And if they show impairment and blow .00 on PBT, we take them to the hospital for a blood draw.  Most of my recent OWI arrests with no alcohol content showed methamphetamine in the system.

K9_axle_and_i_12_july_08_b_max50

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Rate This | Posted about 6 years ago

 

I have always told them they were under arrest for dui, after FSTs. Even if we got to jail and they blew .000 on the intox there still taking the ride for DUI after I call in a DRE.  It was explained to me that the investigation portion driving patten, personal contact, FST's is what I have availble to determine DUI or not.  If what I see tells me hes over .08 then its DUI. Even theought at the jail it my be differant on the intoxilizer I have had mornings when it would take a more then 2 hours just to get to the jail by the time I TOTd  the car to the wrecker etc. and arrestees who were coming down from there high would keep coming down.  I would just have to make sure and cover everything well in my report and I have never had a problem with any of them as of yet.


On a side note, if I find drugs or drug para in the car, I get urine at the jail even if I have .08 or higher bac. and submit it, it just helps to stack evidence against them for my case to be solid. Keeps me out of DUI trails and all have pled so far.

Beach_st_pd_car_max50

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Rate This | Posted about 6 years ago

 

They are placed under arrest right after FSE's or refusal to perform FSE's.


Always remember you're unique, just like everyone else.

0930121924_max50

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Rate This | Posted about 6 years ago

 

Once we put the cuffs on them, and they are arrested. They are nothing else thatb can be done here in KY. It they blow .000, they still see a judge. We might look dumb, but they give us a reason to think that they are DUI!


I love each day like its my last! Why do we are have to be so serious?