You Can Run But You Can't Hide

If you've had a DUI, but you never appeared for your hearing or jail time, you probably know that a warrant has been issued for your arrest. The Department of Public Safety has initiated a DUI Warrant Apprehension Programm which began May 20, 2005.

DPS Officers will be going to the homes and places of employment of DUI offenders. The mission of the DUI Warrant Apprehension Program is to reduce the number of DUI warrants in the State of Arizona and to hold those drivers arrested for DUI accountable for their actions. There are about 25,000 outstanding warrants for DUI in Arizona.

 
What do police officers look for when searching for drunk drivers on the highways?

The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration:

bullet Turning with a wide radius
bullet Straddling center of lane marker
bullet "Appearing to be drunk"
bullet Almost striking object or vehicle
bullet Weaving
bullet Driving on other than designated highway
bullet Swerving
bullet Speed more than 10 mph below limit
bullet Stopping without cause in traffic lane
bullet Following too closely
bullet Drifting
bullet Tires on center or lane marker
bullet Braking erratically
bullet Driving into opposing or crossing traffic
bullet Signalling inconsistent with driving actions
bullet Slow response to traffic signals
bullet Stopping inappropriately (other than in lane)
bullet Turning abruptly or illegally
bullet Accelerating or decelerating rapidly
bullet Headlights off

Speeding, incidentally, is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety
What is the officer looking for during the initial detention at the scene?

The traditional symptoms of intoxication taught at the police academies are:

bullet Flushed face
bullet Red, watery, glassy and/or bloodshot eyes
bullet Odor of alcohol on breath
bullet Slurred speech
bullet Fumbling with wallet trying to get license
bullet Failure to comprehend the officer's questions
bullet Staggering when exiting vehicle
bullet Swaying/instability on feet
bullet Leaning on car for support
bullet Combative, argumentative, jovial or other "inappropriate" attitude
bullet Soiled, rumpled, disorderly clothing
bullet Stumbling while walking
bullet Disorientation as to time and place
bullet Inability to follow directions
What is the punishment for drunk driving?

Again, this varies according to the laws of the state and the customs of the local jurisdiction. Generally speaking, a conviction for a first offense may involve a fine, a license suspension or restriction, attendance at a DUI education course for a period of time, and probation for perhaps three years. A short jail sentence may or may not be required; for a second offense, it almost certainly will. Additional punishment may involve community service, ignition interlock devices, AA meetings, and/or impounding of the vehicle.
Why am I being charged with TWO crimes?

The traditional offense is "driving under the influence of alcohol" (DUI), or in some states, "operating while intoxicated" (OWI), or "driving while intoxicated" (DWI). In recent years, however, 49 states have also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration (either .08% or .10%). In those states, BOTH offenses are charged. The defendant can even be convicted of both, but can be punished for only one.

If the case involves a refusal to submit to chemical testing, of course, only the traditional offense will be charged.
What defenses are there in a DUI case?

Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas:

bullet Driving. Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his being the driver of the vehicle.
bullet Probable cause. Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues.
bullet Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time.
bullet Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, in some states this may invalidate a DMV license suspension based upon a refusal to provide a breath/blood sample.
bullet "Under the influence". The officer's observations and opinions as to intoxication can be questioned -- the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". Too, witnesses can testify that you appeared to be sober.
bullet Blood-alcohol concentration. There exists a wide range of potential problems with blood, breath or urine testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state's expert witness, and/or the defense can hire its own forensic chemist.
bullet Testing during the absorptive phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results.
bullet Retrograde extrapolation. This refers to the requirement that the BAC be "related back" in time from the test to the driving. Again, a number of complex physiological problems are involved here.
bullet Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc.
bullet License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state's department of motor vehicles.