Question

Write a one page essay describing how the 12 step protocol works to analyze a suspect. Then create a hypothetical scenario of an officer pulling someone over for suspected DUI. Describe what the officer would do using this technique to try and establish probable cause for an arrest for DUI.

Answer 1

12-step  protocol works to analyze a suspect

1. Breath Alcohol Test

The arresting officer reviews the subject’s breath alcohol concentration (BrAC) test results and determines if the subject’s apparent impairment is consistent with the subject’s BrAC. If the impairment is not explained by the BrAC, the officer requests a DRE evaluation.

2. Interview of the Arresting Officer

The DRE begins the investigation by reviewing the BrAC test results and discussing the circumstances of the arrest with the arresting officer. The DRE asks about the subject’s behavior, appearance, and driving.

3. Preliminary Examination and First Pulse

The DRE conducts a preliminary examination, in large part, to ascertain whether the subject may be suffering from an injury or other condition unrelated to drugs. Accordingly, the DRE asks the subject a series of standard questions relating to the subject’s health and recent ingestion of food, alcohol, and drugs, including prescribed medications. The DRE observes the subject’s attitude, coordination, speech, breath and face. The DRE also determines if the subject’s pupils are of equal size and if the subject’s eyes can follow a moving stimulus and track equally. The DRE also looks for horizontal gaze nystagmus (HGN) and takes the subject’s pulse for the first of three times. If the DRE believes that the subject may be suffering from a significant medical condition, the DRE will seek medical assistance immediately. If the DRE believes that the subject’s condition is drug-related, the evaluation continues.

4. Eye Examination

The DRE examines the subject for HGN, vertical gaze Nystagmus (VGN), and a lack of convergence.

5. Divided Attention Psychophysical Tests

The DRE administers four psychophysical tests: the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.

6. Vital Signs and Second Pulse

The DRE takes the subject’s blood pressure, temperature, and pulse.

7. Dark Room Examinations

The DRE estimates the subject’s pupil sizes under three different lighting conditions with a measuring device called a pupilometer. The device will assist the DRE in determining whether the subject’s pupils are dilated, constricted, or normal.

8. Examination for Muscle Tone

The DRE examines the subject’s skeletal muscle tone. Certain categories of drugs may cause the muscles to become rigid. Other categories may cause the muscles to become very loose and flaccid.

9. Check for Injection Sites and Third Pulse

The DRE examines the subject for injection sites, which may indicate recent use of certain types of drugs. The DRE also takes the subject’s pulse for the third and final time.

10. Subject’s Statements and Other Observations

The DRE typically reads Miranda, if not done so previously, and asks the subject a series of questions regarding the subject’s drug use.

11. Analysis and Opinions of the Evaluator

Based on the totality of the evaluation, the DRE forms an opinion as to whether or not the subject is impaired. If the DRE determines that the subject is impaired, the DRE will indicate what category or categories of drugs may have contributed to the subject’s impairment.

12. Toxicological Examination

The toxicological examination is a chemical test or tests that provide additional scientific, admissible evidence to support the DRE’s opinion.

Nothing in or about the DRE protocol is new or novel. The DRE protocol is a compilation of tests that physicians have used for decades to identify and assess alcohol- and/or drug-induced impairment.

pulling someone over suspected DPI

As far as a DUI investigation goes, it will all depend on the circumstances. If you exhibit other indicators of impairment during the contact, the officer might decide to arrest you for DUI without your cooperation in doing any of the tests and still pursue criminal charges for obstructing a police officer or whatever laws might apply. If you actively fight with police during the extraction, you might end up being treated at the hospital for injuries sustained, in which case there will probably be a blood draw and BAC analysis done anyway.

Establish probable cause for an arrest for DUI - Many people believe there is nothing they can do but plead guilty after being arrested for driving under the influence (DUI) in Northern Virginia. However, this is not true. If the police charge you with DUI, you may have strong defenses, that can result in the charges being dismissed or reduced to a much less serious offense, even if you think the police have enough evidence to prove their case against you. One such defense is that the police lacked probable cause to arrest you. An experienced Virginia DUI attorney can help identify and prove this and other defenses.

Probable cause is the second lowest legal standard. It requires a police officer to have enough information immediately prior to the arrest to probably believe that the person committed the offense for which he is being arrested. For a DUI charge, the police must have enough evidence to reasonably believe the person being arrested was the driver of the vehicle, operated that vehicle on a Virginia road, and was under the influence of drugs or alcohol at the time of operation. In reviewing whether police have probable cause for an arrest, courts review the "totality of the circumstances" known to the officer immediately before the arrest is made.

To aid in the detection of DUIs, the National Highway Traffic Safety Administration (NHTSA), a federal agency, has created numerous tests and factors for police to be on the lookout for to identify intoxicated drivers. NHTSA's factors are taught to nearly every police officer through their local training courses as well as national courses. Below are some of the most common facts and circumstances that police rely on to establish probable cause for a DUI arrest.