Field sobriety test

[Ameer]

So!

All of those signs and instructions urging us not to 'drink and drive' mean, "Don't drink and Drive", if you don't have lots of money.

In Houston, it seems like politicians and sports celebrities get even more special consideration.

[Oldgringo]

I have no experience with a checkpoint...AFAIK they are still nailing down the case law and legislation regarding checkpoints. Our search warrants all stem from standard DWI arrests. My standard affidavit will include my reason for the stop, what I observed during the stop, and what factors indicated that defendant was intoxicated.

These can include:
Odor of an alcoholic beverage
Red, glassy eyes
Slow, labored speech
Fumbling while retrieving DL/Insurance
Observance of standardized clues on SFSTs
Criminal History regarding DWIs
Statements made by the defendant
Condition of clothing
Presence of bracelets or markings on hands/wrists from bars
Indicators of impaired driving
(and many others)

Here is a link to a publicly available search warrant for blood packet (found via google):
http://www.cityofriesel.com/DWIbloodwarrantbyhand.pdf" onclick="window.open(this.href);return false;

These forms are in line with what much of the state is using.

What a crock! With the exception of the criminal history thinghy, someone just released from a hospital stay could exhibit all of these 'factors'. I know because...

[RPB]

I have no experience with a checkpoint...AFAIK they are still nailing down the case law and legislation regarding checkpoints. Our search warrants all stem from standard DWI arrests. My standard affidavit will include my reason for the stop, what I observed during the stop, and what factors indicated that defendant was intoxicated.

These can include:
Odor of an alcoholic beverage
Red, glassy eyes
Slow, labored speech
Fumbling while retrieving DL/Insurance
Observance of standardized clues on SFSTs
Criminal History regarding DWIs
Statements made by the defendant
Condition of clothing
Presence of bracelets or markings on hands/wrists from bars
Indicators of impaired driving
(and many others)

Here is a link to a publicly available search warrant for blood packet (found via google):
http://www.cityofriesel.com/DWIbloodwarrantbyhand.pdf" onclick="window.open(this.href);return false;

These forms are in line with what much of the state is using.

What a crock! With the exception of the criminal history thinghy, someone just released from a hospital stay could exhibit all of these 'factors'. I know because...

That's what happens if you don't get a nurse to remove the hospital bracelet and get a spongebath prior to check-out time ...

[steve817]

I have no experience with a checkpoint...AFAIK they are still nailing down the case law and legislation regarding checkpoints. Our search warrants all stem from standard DWI arrests. My standard affidavit will include my reason for the stop, what I observed during the stop, and what factors indicated that defendant was intoxicated.

These can include:
Odor of an alcoholic beverage
Red, glassy eyes
Slow, labored speech
Fumbling while retrieving DL/Insurance
Observance of standardized clues on SFSTs
Criminal History regarding DWIs
Statements made by the defendant
Condition of clothing
Presence of bracelets or markings on hands/wrists from bars
Indicators of impaired driving
(and many others)

Here is a link to a publicly available search warrant for blood packet (found via google):
http://www.cityofriesel.com/DWIbloodwarrantbyhand.pdf" onclick="window.open(this.href);return false;

These forms are in line with what much of the state is using.

What a crock! With the exception of the criminal history thinghy, someone just released from a hospital stay could exhibit all of these 'factors'. I know because...

Really? All of them? I think that is a bit of a reach.

[Oldgringo]

I have no experience with a checkpoint...AFAIK they are still nailing down the case law and legislation regarding checkpoints. Our search warrants all stem from standard DWI arrests. My standard affidavit will include my reason for the stop, what I observed during the stop, and what factors indicated that defendant was intoxicated.

These can include:
Odor of an alcoholic beverage
Red, glassy eyes
Slow, labored speech
Fumbling while retrieving DL/Insurance
Observance of standardized clues on SFSTs
Criminal History regarding DWIs
Statements made by the defendant
Condition of clothing
Presence of bracelets or markings on hands/wrists from bars
Indicators of impaired driving
(and many others)

Here is a link to a publicly available search warrant for blood packet (found via google):
http://www.cityofriesel.com/DWIbloodwarrantbyhand.pdf" onclick="window.open(this.href);return false;

These forms are in line with what much of the state is using.

What a crock! With the exception of the criminal history thinghy, someone just released from a hospital stay could exhibit all of these 'factors'. I know because...

Really? All of them? I think that is a bit of a reach.

Have you ever been in a hospital for an extended period of time, been cut open, had organs removed and then been sewed back up and released after you've lost 35 pounds and demonstrated that your innards will hold together for a simple bodily function wearing various ID bracelets and with breath that smells like kerosene? Give it a try in your spare time, Hoot.

Not everybody lives in a "Leave it to Beaver" world where the whole family and half the town shows up to take you home from the hospital.

[KRM45]

My "beef" is around the roadblocks. If I go out to a movie with my family and drive up to one of these spots, where does that PC exist? In my mind, it doesn't. And it's my opinion that the police do these knowing that a large majority will comply, while those who do not are generally going to be intoxicated. It's the sheeple that comply that bother me. They are giving up their 4th. There is no PC to be stopped, and the fact that you are arrested on spot for not blowing in to the device bothers me (this is in SAT...not sure of the regs for other cities). Then, they go and get a warrant for your blood. So what rights do I have as an ordinary citizen when I roll up in to one of these? It's a trap. If you turn around, you are going to be lit up. If you drive up and refuse, you go to jail. I really don't drink and I surely do not get behind the wheel when I've even had one sip, so if I drive up to one of these, I know I am not going to get in trouble...but it's the principal. I shouldn't have to be dealing with it to begin with. (I know you have no experience with the checkpoints, so this is more of a rant...) It's essentially the same thing as a LEO walking up to your house and saying "Let me in!" and if you don't, you are arrested...only then the judge signs a warrant.

What you describe is not currently legal in the state of Texas. On top of that refusal to blow is not probable cause to arrest someone for DWI, and would not be sufficient PC for a judge to issue a warrant for blood. There would have to be additional evidence to support the PC.

[Bullwhip]

...not constitutional...???? It is an evidentiary search warrant supported by a probable cause affidavit sworn to a judge.

With these big roadside command posts set up with computers and judges, what ya wanna bet ever one of those affidavits is identical except for the name of the officer and the name of the driver?

I don't drink and drive ever. Never. But these roadblocks tick me off. Read the news reports: they don't catch many drunks, but they catch a lot of minor stuff like expired inspections, or seatbelts. Studies show that "saturation patrols" catch a lot more drunks per police man-hour. That means the police have actual PC to make the traffic stop because someone was breaking the traffic law, instead of using a roadblock that stops everone (or ever other or ever 3rd or whatever).

If it's a roadblock instead of a probable cause stop, I don't think a driver has to cooperate at all. If he did, what's the difference if an officer walks up to you while you're eating dinner or mowing your yard and demands your license and insurance? If there's no PC for a traffic stop, no authority to demand anything.

[gigag04]

I have no experience with a roadblock type operation. In my neck of the woods we find our DWIs the old fashioned way - find a traffic code violation (even an obscure one), or look for some of NIHTSA indicators of impaired driving to build your reason for a stop. Then it goes from there.

KiethB - I'm going to read over those areas you cited and get back to you.

[gigag04]

I see what you're saying but in execution it's no different than if you refuse me entry in your home and a judge cuts a search warrant. The warrant is the game changer (if I'm following your post about the discrepancy correctly).

The conflict is spelled out in TTC 724.12 and .13 under the implied consent statute. .13 states you don't have to submit unless you meet the requirements in .012 which is pretty specific.

http://www.statutes.legis.state.tx.us/D ... tm#724.012" onclick="window.open(this.href);return false; and http://www.statutes.legis.state.tx.us/D ... tm#724.013" onclick="window.open(this.href);return false;

I'm clear now. That needs some rewriting for sure. The chapter does make mention of a search warrant in procedures for handling a blood specimen in 724.017, so I'm guessing there is an understanding in the legislative intent that in light of a refusal, and a lack of a special circumstance requiring a draw, a search warrant may be obtained?

[steve817]

I have no experience with a checkpoint...AFAIK they are still nailing down the case law and legislation regarding checkpoints. Our search warrants all stem from standard DWI arrests. My standard affidavit will include my reason for the stop, what I observed during the stop, and what factors indicated that defendant was intoxicated.

These can include:
Odor of an alcoholic beverage
Red, glassy eyes
Slow, labored speech
Fumbling while retrieving DL/Insurance
Observance of standardized clues on SFSTs
Criminal History regarding DWIs
Statements made by the defendant
Condition of clothing
Presence of bracelets or markings on hands/wrists from bars
Indicators of impaired driving
(and many others)

Here is a link to a publicly available search warrant for blood packet (found via google):
http://www.cityofriesel.com/DWIbloodwarrantbyhand.pdf" onclick="window.open(this.href);return false;

These forms are in line with what much of the state is using.

What a crock! With the exception of the criminal history thinghy, someone just released from a hospital stay could exhibit all of these 'factors'. I know because...

Really? All of them? I think that is a bit of a reach.

Have you ever been in a hospital for an extended period of time, been cut open, had organs removed and then been sewed back up and released after you've lost 35 pounds and demonstrated that your innards will hold together for a simple bodily function wearing various ID bracelets and with breath that smells like kerosene? Give it a try in your spare time, Hoot.

Not everybody lives in a "Leave it to Beaver" world where the whole family and half the town shows up to take you home from the hospital.

Lets see... Yes, yes, yes. no, yes. My hospital bracelets didn't have markings from bars and I can't say that I had an odor of an alcoholic beverage or kerosene.

[Bullwhip]

I have no experience with a roadblock type operation. In my neck of the woods we find our DWIs the old fashioned way - find a traffic code violation (even an obscure one), or look for some of NIHTSA indicators of impaired driving to build your reason for a stop. Then it goes from there.

Good for you, except for that 'even an obscure one' thing. That says you're just looking for a reason to pull someone over because they're driving late at night. I work shifts, I get called out at crazy hours, I don't like having to drive super careful and know ever obscure reason I might get pulled over. I drive safe, drive under the limit, make sure my lights works, don't do anything stupid, but at 0230 getting paged to a job I still have to worry about that "obcure one".

Keep it to dangerous drivers, we have no problems.

[gigag04]

Keep it to dangerous drivers, we have no problems.

With all due respect, how about you do your job, and I'll do mine.

[lonewolf]

I once got caught in a checkpoint situation, but they said they were only checking licenses and insurance. I was flagged over, asked for my papers, and I politely asked why I was being stopped/detained. The officer remained polite and said they were just checking......I asked what his probable cause was to stop and detain me. He said they were just checking documents. We were still being polite with each other. He said this was routine and he didn't need probable cause. I asked to speak to the supervisor on site, and the officer politely told me to go my way, as traffic was backing up.......

I would have been more than happy to show him my papers, and I had everything and it was all in order, but I was not real happy that I was being detained and really wanted to know just why they were stopping me. We were all polite and civil, no voices raised, but he just couldn't answer my question.

I didn't even make any wiseacre comments, such as "when did we start needing "papers" to go from work to home?" or "Did we become a police state while I was asleep last night?"

While I admit to being prone to wiseacre comments and a dry sense of humor, exhibiting those with a police officer in the performance of his duties would be entirely counterproductive. I don't think the law enforcement officer I dealt with that day was of the opinion they should be there doing that, either.

Note: This was pre-CHL days, somewhere around 1993.

[Bullwhip]

Keep it to dangerous drivers, we have no problems.

With all due respect, how about you do your job, and I'll do mine.

So long as I don't stop you and you don't stop me, sounds good. It's not quite that equal tho.

[tacticool]

I have no experience with a checkpoint...AFAIK they are still nailing down the case law and legislation regarding checkpoints. Our search warrants all stem from standard DWI arrests. My standard affidavit will include my reason for the stop, what I observed during the stop, and what factors indicated that defendant was intoxicated.

These can include:
Odor of an alcoholic beverage
Red, glassy eyes
Slow, labored speech
Fumbling while retrieving DL/Insurance
Observance of standardized clues on SFSTs
Criminal History regarding DWIs
Statements made by the defendant
Condition of clothing
Presence of bracelets or markings on hands/wrists from bars
Indicators of impaired driving
(and many others)

Here is a link to a publicly available search warrant for blood packet (found via google):
http://www.cityofriesel.com/DWIbloodwarrantbyhand.pdf" onclick="window.open(this.href);return false;

These forms are in line with what much of the state is using.

What a crock! With the exception of the criminal history thinghy, someone just released from a hospital stay could exhibit all of these 'factors'. I know because...

With all due respect, if your driving is impaired enough for gigag04 to notice, over and above all the other vehicles on the road, maybe you shouldn't be driving.

Whether the impairment is caused by alcohol, medicine, or something else, impaired is impaired. It makes no difference to the little kid who gets run over and killed by the impaired driver.