42-4-1301
A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence
How many convictions of DUI before it turns into a felony?
3 prior convictions so it becomes a felony on the 4th one
Driving while ability impaired
driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination that
affects the person to the slightest degree
Driving under the influence
affects the person to a degree that the person is
substantially incapable
, either mentally or physically to exercise clear judgment, sufficient physical control or due care in the safe operation
DUI per se
driving while having more than a statutorily prohibited BAC (over .08 or more at the time of driving or within two hours after driving commits DUI per se)
Implied consent
-Operates or controls vehicle
-Operator deemed to have given consent to chemical testing
-Arrested for DWI
-Drivers who refuse are subject to license sanctions
Expressed consent
1. Drives motor vehicle in CO
2. Require to take, complete, cooperate in tests or tests
3. Probable cause for DUI, DUI per se, DWAI, or UDD
4. Refusal
-License sanctions
-Consciousness of guilt
BAC of _____ is presumed under the influence
.08
BAC of _____ to _____ is impaired
0.05 to 0.08
BAC of less than ______ is not impaired
0.05
Phase one of DUI detection
Vehicle in motion
Vehicle in motion
-questions you are asking
-What is the vehicle doing?
-How does the driver respond to my signal to stop?
-Do I have reason to stop the car?
Phase two of DUI detection
personal contact
Personal contact
-questions you are asking
-Should I have the driver exit the vehicle?
-Senses
Phase three of DUI detection
Pre arrest screening
Pre arrest screening
-questions you are asking
-Should I administer SFSTs?
-Do I have PC to arrest?
Blood alcohol and concentration
-0.03
slowed reaction
Blood alcohol and concentration
-0.05
impaired judgment
Blood alcohol and concentration
-0.08
impaired vision
Blood alcohol and concentration
-0.1
poor coordination
4 categories of driving issues that may indicate DUI
-Problems in maintaining proper lane position
-Speed and braking
-Vigilance
-Judgement
Nystagmus
involuntary jerking of the eyes
Nystagmus indications
-6 maximum clues (3 per eye)
Vertical nystagmus means
high dosage of alcohol or drugs
3 clues for horizontal gaze nystagmus
-lack of smooth pursuit (2 seconds out and in)
-distinct and sustained nystagmus at maximum deviation (hold for 4 seconds)
-onset of nystagmus prior to 45 degrees (4 seconds from center to 45 degrees)
3 medical rule outs for horizontal gaze nystagmus
-equal pupil size
-resting nystagmus
-equal tracking
___ or more clues during the horizontal gaze nystagmus test indicates a BAC over 0.08
4
Walk and turn test is made up of two stages
1. Instruction stage
2. Walking stage
Walk and turn
-Test clues
1. Instruction stage
-
B
alance
-
S
tarts too soon
2. Walking stage
-
S
tops while walking
-Steps
O
ff line
-
W
rong number of steps
-Misses
H
eel to toe
-
A
rms to balance
-Improper
T
urn
____ clues on the walk and turn test indicates a BAC over 0.08
2
One leg stand
-OLS test clues
-
P
uts foot down
-
U
ses arms for balance
-
S
ways while balancing
-
H
opping
___ or more clues for one leg stand indicates a BAC over 0.08
2