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  • DUI Question

    Got my first DUI arrest, also added TOC and Speeding.
    I called another officer to do FST since I wasnt certified. I thought she was drunk, the officer that did the FST said she was DUI, but she blew a 0.00.
    It took 4 tests to get a good test out of her because she wouldnt blow right and kept slow playing in my opinion. Was just her actions, the machine was messed up, or was she not DUI? It to me just doesnt make any sense that someone is that fall down drunk and blows a 0.00. We ended up still filing DUI based on our observations. What would you guys have done?

  • #2
    Are you sure she wasn't under the influence of drugs? Not sure if you guys draw blood up there or not, but that would of have been one of my next moves specially if you think you got someone playing games. Also if you are sure she wasn't blowing into your ALCO Sensor, or using the tongue trick be sure to document your observation. Mention the words refusal charge and see what their reaction is to that.
    Some people were just dropped on their heads as children more than the rest of us!

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    • #3
      Yep, I'd assume drugs are the culprit. When faced with that situation, I always head for a blood test. Plus, a good solid pre-arrest interview will help point the way as well.

      Just remember to carefully document why you felt she was impaired despite the machine returning .000's . Depending on the judge, it may be a tough sell without some blood results, though.
      Originally posted by kontemplerande
      Without Germany, you would not have won World War 2.

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      • #4
        Originally posted by Cypher69 View Post
        Got my first DUI arrest, also added TOC and Speeding.
        I called another officer to do FST since I wasnt certified. I thought she was drunk, the officer that did the FST said she was DUI, but she blew a 0.00.
        It took 4 tests to get a good test out of her because she wouldnt blow right and kept slow playing in my opinion. Was just her actions, the machine was messed up, or was she not DUI? It to me just doesnt make any sense that someone is that fall down drunk and blows a 0.00. We ended up still filing DUI based on our observations. What would you guys have done?
        Remember the State Implied Consent Request states "consent to the States Test or TESTS to determine the level of intoxicants in your system".Next time they appear falll down drunk and they .00,take em for a blood test,they have something else on board.Most of the time they will refuse when you start mentioning a blood test.The norm is they are afraid of needles,in reality they are on probation.They refuse,DUI-Refusal.Don't be afraid to ask the intox operator or a Trooper what to do.
        Last edited by Bigg Dogg; 06-11-2007, 07:18 AM.
        FILL YOUR HANDS!!!

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        • #5
          I would have but by the time we got the 2nd test done my 2 hours were up. And the intox operator was new also and we had to call my brother a couple times who is intox certified for his city. Thanks for the responses.

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          • #6
            Did you charge her DUI-Alcohol or for drugs? What were your other observations? Not sure I would charge her with the alcohol if you get a .000 but I'm no DUI expert.
            For the cops out there: You are an adult. If you want to write someone, write them. If you don't want to write someone, then don't write them.

            "Jeff, you are the best cop on this board"-Anonymous Post

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            • #7
              We had a certified SFST officer tod SFSTs on her and say that she was intoxicated, we had the odor, bloodshot watery eyes, she wasnt unsteady on her feet, she was stumbling, and had the odor of intoxicant on her breath. You know all the basics, some driver behavior, didnt watch her driving that long. She passed me doing 52 in a 45, I flashed my lights at her telling her to slow down. She sped up to 54 so I stopped her. When she rolled the window down I could smell the alcohol coming out of the vehicle. She lied about drinking but finally said she had the standard 2. Called the officer to do SFST and he did, said he was drunk so I hooked her up, she failed the tests miserably.

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              • #8
                Did you observe the HGN? I can't remember the correct technical term but the one you can use for possible drug use. Thats a good indicator, but blood does the job. Especially if they are involved in a wreck get blood done by the hospital, I haven't seen to many defense attorneys that can pick apart a blood test opposed to an officer's fsts.
                Where'd you learn that, Cheech? Drug school?

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                • #9
                  Originally posted by JDCOP View Post
                  Did you observe the HGN? I can't remember the correct technical term but the one you can use for possible drug use. Thats a good indicator, but blood does the job. Especially if they are involved in a wreck get blood done by the hospital, I haven't seen to many defense attorneys that can pick apart a blood test opposed to an officer's fsts.
                  Its vertical HGN.It gonna be hard to get her on the DUI-Alcohol with the 0.00 blow.Your SFST officer better write you a good statement and be up on his refreshers and be able to testify and articulate himself very well in court.
                  FILL YOUR HANDS!!!

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                  • #10
                    Is it possible that she had just started drinking. Sounds strange but I handled a minor traffic collision one time. Made contact with the driver and smelled an alcoholic beverage. Started SFST's and she was extremely unsteady on the one leg stand and the walk and turn tests. HGN was normal.

                    In the car was an open container..she consumed about 1/2 of a beer prior to the collision (actually spilling some of it on her). I can't explain why she was so unsteady on her feet but aside from HGN she appeared to be trashed.

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                    • #11
                      Blood draw. Matter of fact, I do a blood draw on Every single OWI I do. Datamaster and then the blood draw. If it is legal in your state, do it and you will be surprised at what people are on besides alcohol. I would bet that a easy 60% of all mine also have hydrocodone on board. Seems to be the "in thing" around these parts. I think it's easy for the defense to pick on a datamaster test, but the blood draw with it is hard to dispute. I have never one time been deposed on the combination of the two.

                      I do have a serious accident" blood draw positive" pending for trail. This was a bad crash with the "at fault driver" who as per state law did a blood draw and was positive for amphetamines. No SFST's or anything and really didn't even have a clue he was toasted. Not sure how it will turn out.
                      Last edited by j706; 06-12-2007, 12:58 AM.
                      "Laws that forbid the carrying of arms. . . disarm only those who are neither inclined nor determined to commit crimes. . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson

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                      • #12
                        Originally posted by Taylor1430 View Post
                        Is it possible that she had just started drinking. Sounds strange but I handled a minor traffic collision one time. Made contact with the driver and smelled an alcoholic beverage. Started SFST's and she was extremely unsteady on the one leg stand and the walk and turn tests. HGN was normal.

                        In the car was an open container..she consumed about 1/2 of a beer prior to the collision (actually spilling some of it on her). I can't explain why she was so unsteady on her feet but aside from HGN she appeared to be trashed.


                        Could have been shook up from the accident,or bumped her head.
                        FILL YOUR HANDS!!!

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                        • #13
                          Did you ask her about diabetes? A person in diabetic distress can display all those symptons, including the odor of intoxicants. Its one of my standard "20 questions" interview prior to SFST's. If they say yes, you can go into more depth to determine what you're actually dealing with.

                          I'm still putting my money on drug influence though.
                          Originally posted by kontemplerande
                          Without Germany, you would not have won World War 2.

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                          • #14
                            Well she bonded out and I guess well never know about the drugs because like I said I ran out of time and couldn't get the blood test done or I would have that night. Court is on the 19th, Ill let you guys know how it goes. We filed municipal so it will be a judge that comes into town just for court that day, so well see.

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                            • #15
                              Get a urine sample and let the prosecutor worry about dealing with any time issues.

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