I am done with DUI's...frustrated...

[mavriktu]

Creole,

Call state police, they are hungry for something besides 20s and 100s. They always help us out with the DWI's, we just hand them off to state and off they go.

Only problem with that is troop B has more troopers than any other troop.I believe creole is in troop A area which has a lot,but they tend to get stranded around Baton Roach handling all their 20s(wrecks),I am in "L",and with luck we will have 1 trooper assigned our parish,and if it gets busy in St.Tammany,they will pull him in a heartbeat.

[patroldog]

In the wonderful state of La.(we have DRIVE THROUGH daquiri shops for gawds sake),it takes longer to book a DUI ,than a murder1,this is no joke,our dui paperwork takes about 2-3 hours(less for troopers of course) I can arrest /book a suspect for murder 1 in 1 hour or less.This is why I have sometime been accused of running a taxi service,I truly feel my main thing is get the drunk off the road,take them home,call a friend,whatever it takes.I will not just let them roll,NO WAY,but with the way La. handles it,sometimes it aint worth the grief.

I agree with Mav, to a point. DWI arrests to me are getting easier from repitition (as with the Troopers), but still if a person is obviously too intoxicated to have been driving, he/she gets arrested MOST of the time, there are some exceptions to the rule as with all Police encounters (Officer discretion). But as Mav says, intoxicated drivers do not DRIVE AWAY, EVER.

[creolecop]

I love doing D.U.I.'s. Once I am on the stop , I am pretty intensive on my SFST's and questioning. My total average stop time on D.U.I. investigation resulting in an arrest is about 15-20 min. I then either take them to the ER for blood draw or to the jail if they refuse, then about another 15 min. of paperwork. I don't go in depth on my report cause I let my video and audio evidence tell the tale. In TN conviction on first offense: 48 hrs mandatory
Second Offense ( within 10 years ): 45 days mandatory
Third Offense ( within 10 years ):120 days mandatory
Fourth Offense ( within 10 years ): 150 days mandatory

Fourth offense and higher becomes a felony. I try to wear them out as much as possible.

Add when they get booked into jail it is also a min. 4 hr hold before they can make bond.

Wow, if it was like that here, I'd love to do DUI's. It's nothing like that here

[kjlaw]

Two Things Creole is the interview being conducted before the intoxilyzer a departmental policy because thsir is no state law that requires it to be done first. Even if it was missed that is no reason to throw out the entire arrest because in this case that guy provided a sample of his breath and therefore makes for a solid case.
Secondly I would be careful of cutting people loose after the intoxilyzer test because the information entered into the intox. instrument goes to the DMV also so the case does not disappear when you throw the paperwork away.


Just a side note a good source to keep politics out of the DWI cases is to contact MADD and when they start looking into cases things progress alot smoother

[OfficerObie59]

Most cops in Massachusetts feel your pain, especially when we do all that paperwork and nothing comes of it.

Most OUI defendants take their option of a bench trial and get off. We have three elements here, 1. Public way/any way with public right of access, 2. Operation of a MV, and 3. Impairment OR 3. BAC of >.08. Element 3 is how everyone gets off; BAC's are commonly disregarded by the judges or the judges rule the operator was never impaired. Not only that, but the fact that a subject refused a breath tests and/or FST's is inadmissable at trial. This results in a statewide OUI conviction rate somewhere around 20%.

Administrative license penalties can be steep for breath refusals, and repeat offenses incur a number of steep penalties, but punishments for repeat offenses do nothing for you if you can't get a conviction in the first place.

[creolecop]

Two Things Creole is the interview being conducted before the intoxilyzer a departmental policy because thsir is no state law that requires it to be done first. Even if it was missed that is no reason to throw out the entire arrest because in this case that guy provided a sample of his breath and therefore makes for a solid case.
Secondly I would be careful of cutting people loose after the intoxilyzer test because the information entered into the intox. instrument goes to the DMV also so the case does not disappear when you throw the paperwork away.


Just a side note a good source to keep politics out of the DWI cases is to contact MADD and when they start looking into cases things progress alot smoother

I was pressured to release a guy when I first hit the road as a smack brand new cop after the guy blew. Due to political pressure I gave in (not anymore) and cut him loose. I recall that civilian that audits the intoxilyzers questioning one of mine (that one). I simply told them I had a little political pressure and the subject was not arrested. As long as the subject tested IS the subject of a DUI investigation, there does not need to be an arrest. They just don't want people playing around with the machine making erroneous tests. Whatever we do with them is our business, they just may ask for an explanation to make sure the machine is not being toyed around with (thats how she explained it to me).

Also, at the Louisiana State Police academy intoxilyzer course I took (they are suppose to be the experts in this) they state the Interview MUST be done before putting them on the intoxilyzer. The interview is to lock them into any stories or discover any medical issues (IE... body produces acetone) that may provide a false sample. If you miss this step, the way it was taught to me in class and as supervisors stated it basically kinda voids the test, unless the person refuse to cooperate as in not speaking at all during interview. Though everything in our DUI room is on video and audio and not that I would ever lie anyways, but it's not like you can say, well I didn't do it because he was not cooperating, it will be seen that I missed this. I am in my second agency in two different regions and the interview is to be conducted before the intoxilyzer is administered as just the way it's done. No interview before intox is done and it's an automatic toss to file 13 in both places, and others i'v talked to have said it's the same thing there, so with all that and being taught that in LSP intox class my understanding is it's not law, but it is DPS policy, which is basically law on it.

[kjlaw]

I was pressured to release a guy when I first hit the road as a smack brand new cop after the guy blew. Due to political pressure I gave in (not anymore) and cut him loose. I recall that civilian that audits the intoxilyzers questioning one of mine (that one). I simply told them I had a little political pressure and the subject was not arrested. As long as the subject tested IS the subject of a DUI investigation, there does not need to be an arrest. They just don't want people playing around with the machine making erroneous tests. Whatever we do with them is our business, they just may ask for an explanation to make sure the machine is not being toyed around with (thats how she explained it to me).

Also, at the Louisiana State Police academy intoxilyzer course I took (they are suppose to be the experts in this) they state the Interview MUST be done before putting them on the intoxilyzer. The interview is to lock them into any stories or discover any medical issues (IE... body produces acetone) that may provide a false sample. If you miss this step, the way it was taught to me in class and as supervisors stated it basically kinda voids the test, unless the person refuse to cooperate as in not speaking at all during interview. Though everything in our DUI room is on video and audio and not that I would ever lie anyways, but it's not like you can say, well I didn't do it because he was not cooperating, it will be seen that I missed this. I am in my second agency in two different regions and the interview is to be conducted before the intoxilyzer is administered as just the way it's done. No interview before intox is done and it's an automatic toss to file 13 in both places, and others i'v talked to have said it's the same thing there, so with all that and being taught that in LSP intox class my understanding is it's not law, but it is DPS policy, which is basically law on it.

If thats they way your department wants it then so be it, But it is not DPS policy and was not taught to me in the LSP Academy or during FTO with a DRE Instructor,SFST and intox. instructor who teaches at the academy. Good policy yes, mandatory no.

As for the intox. that was what i was getting at. But you have seen where I was going anyhow.

The paperwork sucks but all paperworks sucks so we can't let that keep us from doing our jobs.

[creolecop]

The paperwork sucks but all paperworks sucks so we can't let that keep us from doing our jobs.

You know what made me chuckle when I read that is strangely, I actually enjoy doing narcotic paperwork

I know it's weird that a cop likes any paperwork, but I actually get some satisfaction from my narcotic paperwork. Thats my thing so thats probably why I like it because I love hunting dope on the streets. I guess I know how to do my paperwork on that and build a solid case. Nevertheless you have more of a chance at putting a judicial hurting on a drug dealer than a drunk. I'v seen many people I'v arrested get YEARS in prison, but as others have said, that they're second in their depts for DUI's and never seen one get any time. So in closing I guess those that are passionate about DUI's like I am about arresting drug dealers tend to be good at what they do and don't mind the DUI paperwork. I tried it a few times and it's not my thing, as said, I'll get the drunk off the road, but then I'm clearing the stop when I get him a ride and I'm going find a dealer to put in jail.

[j706]

Let me start by saying I was one of the top DUI officers in my county for number of years. A few years ago after sitting through numerous very silly depositions and some trials I decided one night "Why the hell am I doing this" I would get case disposition back and really get ****ed. The courts would not do jack s--- with a guilty verdict or plea. The same ole people time and time again-still out driving drunk. I responded to a fatal crash in 2007. The at fault driver had been arrested by me twice before with in a one year span. Guilty on both but still valid DL! I say BS!!! And yes I am MAD! I hope the deceased victim's counsel calls me for that trial.

More paper work and stupid crap than a homicide. Silly asinine games. I am done with OWI's. If one falls in my lap I will public intoxication charge them to get them off the road. Ticks off the prosecutors office but oh well. I no longer look for them. I am done with OWI's! Call me ticked off,lazy whatever. When the prosecutors office and the courts get serious about OWI,so will I.

[Camo Cop]

Strange, we do our interview sheet after they blow, not before. We have a 95+% conviction rate at trial. (Lucky us... we get to make stops without P.C. Marine patrol rocks in this regard.)

I'd have gone ahead and booked him (by policy we have no choice with our Dept). I'd have hand delivered the case to the ADA so I could tell them about my error (we all make them). I might lose the case but damned if he's not gonna jump through some hoops to get his "not guilty" verdict. Some of the fat cats get favors done for them. I can't stop that but usually they get a limited number of favors before their own people refuse to help them any more. If all I get to do is make them burn up a favor, so be it. At least they didn't kill anyone that day/night while they were driving drunk. Also, if nothing else, it gets expensive to keep paying bondsmen and lawyers. ;0)

Sometimes the worst part about getting a DWI for the "fat cats" is when their name gets listed with the other DWI arrests in the newspaper. (Sometimes a bird whispers in the ear of the local crime reporter to make sure the name gets listed.)

Finally, I'd encourage you to do MORE DWI's. You're right... the paperwork is a P.I.T.A. Like with everything else, the more you do it, the easier it gets. Our guru does it all in about two hours including booking.

If I were a lawyer or a legislator who liked to drink and drive and I wanted to reduce the number of DWI arrests being made I'd purposefully do what I could to make the paperwork a HUGE P.I.T.A. because I feel confident the average cop simply doesn't want to deal with it. Don't let them win. Get good at it and shove it right back down their throats.

Just my 2¢. Keep up the good work.

[katseiye]

Yes, I messed up the paperwork, but the point here is the ridicoulousness of the paperwork IMO is set up that way for a reason. It's to allow the rich and the big wigs more of a chance for an out.

I have had a drug bust that consisted of 55lbs our marijuana, 2 kilos of cocaine and 50oz of liquid PCP, and a gun, and my paperwork was less than a BS misdemeanor DUI, not to mention although you don't want mistakes in your paperwork EVER the paperwork on that drug bust is more forgiving than DUI paperwork. DUI paperwork atleast here is VERY unforgiving, nevermind forgetting to do a step, sign your name in the wrong place and it's tossed.

I would never let a drunk get back on the road after recognizing this fact, but to haul him off to jail for his wopping 45min processing stay, Whats the gain from a LE point of view. Another arrest for the stats, thats about it. If I had made a drug arrest no "big wig" would have been calling no one would have wanted to be associated, but make a DUI arrest and big wigs crawl out of the woodwork. I'v even been told by a state legislature who was a reserve officer where I worked, that the law and paperwork is set up the way it is by design not coincidence.

******************StudChris*****************

Thats just it, there is a preset bond here for a measly 500 dollars, he would have been in jail for a whopping 45min. Just long enough to process him and he would have been bonded out. He only had to pay a bondsman 100 dollars, and his bondsman was at the jail waiting on me to get there for him to get processed. There was no jail time.

What's even funny, is "ON PAPER" Louisiana has some of the toughest DUI laws on the "books". though it's all BS and only looks good on paper. It's disgusting

Don't beat youself up, chances are he'll do it again and you'll get another shot to redeem your mistake but he won't.

The gain from an LE point of view simply boils down to this. You may have saved another officer or even your own families lives by getting him off the street if only for a short time.

[mavriktu]

Don't beat youself up, chances are he'll do it again and you'll get another shot to redeem your mistake but he won't.

The gain from an LE point of view simply boils down to this. You may have saved another officer or even your own families lives by getting him off the street if only for a short time.

This is what several of us are saying,there are more than 1 way to skin a cat,why not take the easier,more productive route.I may be singular in this thought,but I often find that a warning works wonders,ie:the suspect will think,"I got darn lucky last time,better not push my luck"

[katseiye]

This is what several of us are saying,there are more than 1 way to skin a cat,why not take the easier,more productive route.I may be singular in this thought,but I often find that a warning works wonders,ie:the suspect will think,"I got darn lucky last time,better not push my luck"

Agreed, I was'nt advocating arrest only as a solution, but removing him from the road by any means.

Creolecop seemed overtly dismayed over a mistake that just based on his telling he was lucky to even be able to make.

I'm just glad he and the other officer are okay. If the connected turd did'nt learn anything from his mistake, it'll roll around again.

[Camo Cop]

Speaking of mistakes... yeeeeears ago I worked in a small town w/ a force of about four cops. One day the Chief told me... "Camo Cop, you screw up more than anyone on the department." I was crushed. I was a young rookie and thought I was doing a pretty good job.

He let silence hang in the air for several seconds before continuing...

"Of course, yer the only one around here that does a darn thing so it only stands to reason that you're gonna screw up. Keep up the good work."


BTW... he didn't really call me "Camo Cop." ;o)

[Yankee_1]

You have to stop taking it personal. You got him off the road that night thats all a cop can do! Here if its your first it will probably be reduce. if you get 2nd within 10 years its a felony. judges can dismiss or reduce but you will get your overtime for court. I dont like doing DWI's and lots of guys dont do them at all cause of the paperwork and time it takes, but some guys only do them cause of the overtime they get so it works out. If I stop a drunk and dont want to arrest them there's usually someone else that will take over the arrestso it works out in the long run. Personally I dont even wait around to find out the results of the trial, just sign my overtime sheet and i leave.