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  • While under the influence of alcohol and other drugs, a driver's ability to divide attention is

    impaired

    the impaired driver tends to concentrate on only the
    most important or critical parts of driving and disregard the

    less important parts, often creating unexpected or dangerous situations for other drivers.

    An impaired driver may
    have difficulty in

    steering, controlling the accelerator, signaling, and making decisions
    (whether to stop, turn, speed up, slow down, etc.).

    Divided attention impairment can
    be observed during the following

    three Phases of DUI Detection.

    The first task in Phase One is to observe the vehicle in

    operation.

    The second task is to observe the stopping sequence. The following questions may be helpful:

    โ€ข What is the vehicle doing?
    โ€ข Do I have grounds to stop the vehicle?
    โ€ข How does the driver respond to my signal to stop?
    โ€ข How does the driver handle the vehicle during the stopping sequence?

    DUI Detection Phase One begins when an officer

    observes the vehicle in motion.

    Your attention may be drawn to the vehicle by things such as it committing a traffic violation,

    an equipment violation, having an expired registration, or making unusual driving actions such as weaving within a lane or moving at slower than normal speed.

    The common effects of alcohol on the driver's mental and physical faculties lead to
    predictable driving violations and vehicle operating characteristics. These include:

    โ€ข slowed reactions
    โ€ข impaired judgment as evidenced by a willingness to take risks
    โ€ข impaired vision
    โ€ข poor coordination (See Figure 11-2, below)

    0.03

    Slowed reaction

    0.05

    Increased Risk Taking

    0.08

    Impaired Vision

    0.10

    Poor
    Coordination

    The National Highway Traffic Safety Administration sponsored research to identify the
    most common and reliable initial indicators of DUI. This research identified ____ cues,
    each with a high probability that the driver exhibiting the cue is impaired

    24

    The cues were developed from a list of more than _____ driving cues that have been found to predict alcohol concentrations of 0.08 or greater

    100

    Weaving:

    occurs when the vehicle alternately moves toward one side of the roadway and then the other, creating a zigzag course. The pattern of lateral
    movement is relatively regular as one steering correction is closely followed
    by another.

    Weaving Across Lane Lines

    Extreme cases of weaving occur when the vehicle's wheels cross the lane lines before correction is made.

    Straddling a Lane Line:

    The vehicle is moving straight ahead with the center or
    lane marker between the left-hand and right-hand wheels.

    Swerving

    A swerve is an abrupt turn away from a generally straight course. Swerving might occur after a period of drifting when the driver discovers the
    approach of traffic in an oncoming lane or discovers that the vehicle is going off the road. It may also occur as the driver executes an abrupt turn to return the
    vehicle to the traffic lane.

    Turning with Wide Radius:

    During a turn, the radius defined by the distance
    between the turning vehicle and the center of the turn is greater than normal. The
    vehicle may drive wide in a curve.

    Drifting

    Drifting is a straight-line movement of the vehicle at a slight angle to the
    roadway. As the driver approaches a marker or boundary (lane marker, center line,
    edge of the roadway), the direction of drift might change. Drifting can occur within
    a single lane, across lanes, across the center line, or onto the shoulder

    The observed vehicle almost strikes a stationary
    object or another moving vehicle.

    Almost Striking Object or Vehicle:

    Stopping Problems:

    Stopping problems may include stopping abruptly or too far
    from a curb, at an inappropriate angle, too short or beyond the intersection limit
    line, or with a jerking motion.

    Accelerating or Decelerating Rapidly

    This cue encompasses any acceleration or
    deceleration that is significantly more rapid than that required by the traffic
    conditions. Rapid acceleration might be accompanied by breaking traction; rapid
    deceleration might be accompanied by an abrupt stop.

    Varying Speed

    A driver may alternate between speeding up and slowing down.

    Slow Speed

    The observed vehicle is traveling at a speed that is 10 mph or more below the speed limit.

    Driving in Opposing Lanes or Wrong Way on a One-way Street:

    The vehicle is heading into opposing or
    crossing traffic by driving in the opposing lane, backing into traffic, failing to yield the right-of-way, or
    driving the wrong way on a one-way street.

    Slow Response to Traffic Signals:

    The observed vehicle exhibits a longer than normal response to a change
    in traffic signal.

    Slow or Failure to Respond to Officer's Signal

    The driver is unusually slow to respond to an officer's lights, siren, or hand signals.

    Stopping in Lane for No Apparent Reason:

    The critical element in this cue is that there is no observable justification for the vehicle to stop in the traffic lane.

    Driving Without Headlights

    The observed vehicle is being driven without headlights during a period of
    the day when headlights are required.

    Failure to Signal or Signal Inconsistent with Action:

    This cue occurs when you observe inconsistencies such
    as failing to signal a turn or a lane change, signaling opposite to the turn or lane change executed, signaling
    constantly with no accompanying driving action, and driving with four-way hazard flashers on.

    Following Too Closely:

    The vehicle is following another vehicle while not maintaining the legal minimum
    separation

    Improper or Unsafe Lane Change:

    The driver takes risks or endangers others by frequently or abruptly
    changing lanes without regard to other motorists.

    Driving on Other than a Designated Roadway:

    The driver maneuvers onto an area other than the designated roadway. Examples include driving at the edge of the roadway, on the shoulder, off the roadway entirely, or straight through turn-only lanes or areas.

    Stopping Inappropriately in Response to an Officer

    The vehicle stops in an inappropriate location, such as
    a prohibited zone, crosswalk, intersection, or sidewalk, or under inappropriate conditions such as a green
    or flashing yellow traffic signal.

    Inappropriate or Unusual Behavior:

    The driver or occupants display inappropriate or unusual behavior such
    as throwing objects from the vehicle, drinking in the vehicle, or urinating on the roadside.

    Appearing to Be Impaired:

    This cue is actually one or more indicators related to the personal behavior or
    appearance of the driver. Examples of specific indicators might include eye fixation, tightly gripping the
    steering wheel, slouching in the seat, gesturing erratically or obscenely, holding face close to the
    windshield, or protruding head from the vehicle.

    5. Post-Stop Cues
    An officer may observe any of the following behaviors in the driver after he or she stops the vehicle:

    โ€ข difficulty with motor vehicle controls
    โ€ข difficulty exiting the vehicle
    โ€ข fumbling with driver's license or paperwork
    โ€ข repeating questions or comments
    โ€ข swaying, unsteady, or having balance problems
    โ€ข leaning on the vehicle or other object
    โ€ข slurred speech
    โ€ข slow to respond to officer/officer must repeat questions
    โ€ข provides incorrect information, changes answers
    โ€ข odor of alcoholic beverage from the driver

    6. Visual Detection of DUI Motorcyclists
    NHTSA has also developed research identifying driving impairment cues for motorcyclists.

    Excellent Cues (50% or greater probability that the driver is impaired)
    โ€ข drifting during turn or curve
    โ€ข trouble with dismount
    โ€ข trouble with balance at a stop
    โ€ข turning problems (e.g., unsteady, sudden corrections, late braking, improper lean angle)
    โ€ข inattentive to surroundings
    โ€ข inappropriate or unusual behavior (e.g., carrying or dropping object, urinating at roadside, disorderly
    conduct)
    โ€ข weaving
    Good Cues (30 to 50 percent probability that the driver is impaired)
    โ€ข erratic movements while going straight
    โ€ข operating without lights at night
    โ€ข recklessness
    โ€ข following too closely
    โ€ข running stop light or sign
    โ€ข evasion
    โ€ข going the wrong way

    . After you give the command to stop, the impaired driver may exhibit additional important evidence of DUI. These observations may include the following:

    โ€ข an attempt to flee โ€ข no response
    โ€ข a slow response โ€ข an abrupt swerve
    โ€ข a sudden stop โ€ข striking the curb or another object

    The signal to stop creates a new situation with which the driver must

    cope

    Officers must be able to recognize evidence of impairment and describe that evidence clearly and

    convincingly

    Once a vehicle is stopped, an officer should NOT ask a suspected impaired driver to

    move to a safer location

    Phase One: Vehicle in motion
    Question:

    should I stop the vehicle

    The first task in Phase Two is a

    face-to-face observation and interview of the driver
    to determine if the driver may be impaired

    in phase two the major decision is to

    decide whether or not to ask the suspect to step out of the vehicle

    At this point, there are three choices: (face-to-face)

    : have the driver
    exit, continue to interview the driver while observing for additional evidence, or conclude the interview if you
    don't observe any impairment.

    (phase 2) The second task is to observe the driver's exit and walk from the vehicle. Ask
    yourself the following questions:

    โ€ข When I approach the vehicle, what do I see?
    โ€ข When I talk with the driver, what do I hear, see, and smell?
    โ€ข How does the driver respond to my questions?
    โ€ข Should I instruct the driver to exit the vehicle?
    โ€ข How does the driver exit?
    โ€ข When the driver walks toward the side of the road, what do I see?

    DUI Detection Phase ______ comprises two major evidence gathering tasks and one major decision

    Two(2)

    observation and interview of the driverโ€”begins as soon as

    both the subject
    vehicle and the patrol vehicle have come to complete stops.

    Face-to-face observation and interview of the driver allow you to use

    three senses to gather evidence of alcohol
    and other drug influence: sight, hearing, and smell.

    Sight-Some specific DUI clues detectable by sight include

    bloodshot eyes
    โ€ข soiled clothing
    โ€ข fumbling fingers
    โ€ข alcohol containers
    โ€ข drugs or drug paraphernalia
    โ€ข bruises, bumps, or scratches
    โ€ข unusual action

    Hearing
    You might hear these things during the interview, which would be describable clues or evidence of alcohol and
    other drug influence:

    slurred speech
    โ€ข admission of drinking
    โ€ข inconsistent responses
    โ€ข abusive language
    โ€ข unusual statements

    Smel:l There are things you might smell during the interview that would be describable clues or evidence of alcohol and other drug influence. Typically these include the following examples:

    โ€ข alcoholic beverages
    โ€ข marijuana
    โ€ข cover up odors like breath sprays
    โ€ข cigarette or cigar

    Certain medical conditions may mimic drug- or alcohol-induced impairment:

    such as epilepsy, diabetes, injury to the head, or cognitive problems (dementia or Alzheimer's).

    A diabetic driver's behavior may be impacted, for instance, when

    sugar levels are too high. At this time, his or
    her breath could emit an odor similar to that of an alcoholic beverage or the driver could demonstrate a
    comprehension or awareness problem

    A driver's eyes can be examined for medical impairment. If his or her pupils are noticeably unequal in size, if the eyes are jerking as the subject looks straight ahead (resting nystagmus), or if the eyes do not track together, there is a chance that

    a medical disorder or injury is causing the nystagmus.

    The examinations that an officer
    can conduct to assess possible medical impairment include noticing the following

    pupil size
    โ€ข resting nystagmus
    โ€ข tracking ability

    Tracking ability

    is the ability of the eyes to track together when the subject attempts to follow a stimulus
    moving side-to-side. The driver may have a medical condition or injury if the two eyes do not track together;
    for example, if one eye has full range of motion, but the other moves only slightly or not at all.

    divided attention task (driver still behind wheel)

    require
    the driver to concentrate on two or more things at the same time. They include both questioning techniques
    and psychophysical tasks

    PRE-EXIT INTERVIEWS These techniques are not as reliable as the Standardized Field Sobriety Tests,

    but they can still be useful for obtaining evidence of impairment to establish probable cause.These techniques and the following Pre-Exit Tests do not replace the Standardized Field Sobriety Tests

    The questions you ask and the way in which you ask them can constitute simple divided attention tasks.Three (3) techniques are particularly pertinent:

    asking for two things in one request
    โ€ข asking interrupting or distracting questions
    โ€ข asking unusual questions

    An example of the first technique, asking for two things in one request, is requesting that the driver produce
    both the

    driver's license and the vehicle registration.

    Possible evidence of impairment may come to light as the driver responds to this dual request. Be alert for the driver who:

    โ€ข forgets to produce both documents
    โ€ข produces documents other than the ones requested
    โ€ข fails to see the license, registration, or both while searching through wallet or purse
    โ€ข fumbles or drops wallet, purse, license, or registration
    โ€ข is unable to retrieve documents using fingertips

    The second technique, asking interrupting or distracting questions, forces the driver to divide attention between searching for the license or registration and

    answering a new question.

    " Possible evidence of impairment may be disclosed by the interrupting or distracting question. Be alert for the driver who:

    โ€ข ignores the question and concentrates only on the license or registration search
    โ€ข stops searching to answer question, then forgets to resume the search after answering the question
    โ€ข supplies a grossly incorrect answer to the question

    Use the third technique, asking unusual questions, after you have obtained the driver's license and registration.
    With this technique, you seek verifying information through

    unusual questions.

    Unusual questions require the driver to process information; this can be especially difficult when the driver does not expect to have to process information. For example, a driver may respond to the question about the middle name by giving

    a first name

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