IMPAIRED DRIVINGINVESTIGATION
Cst. Lynn ParenteauCst. Bryon Sommacal
Cst. Dale AmyotteCst. Damien Rozon
Saskatoon Police Service
CONSIDER THIS!
Impaired Driving
Thousands of people are killed or seriously injured by impaired drivers.
The impaired driver in a vehicle represents a greater threat to the public than any person armed with a gun, for the energy contained in an automobile hurtling down the street by far exceeds that of the worlds most powerful firearm.
Cost to property and life can be astronomical.
1 out of 2 drivers after midnight have been drinking and half of those are impaired.
Of all the criminal investigation’s you will do in your career with the exception of a select few ( murder, sexual assault, etc.) There are few crimes as serious or potentially devastating to the public.
Criminal Law
1) Impaired operation/care and control2) Operate/care and control while over 80 mg%3) Refuse to provide breath / blood sample4) Impaired operation causing bodily harm5) Impaired operation causing death6) Exceeding 80 mg% causing bodily harm7) Exceeding 80 mg% causing death
253(1)(a) CC
Every one commits an offence who operates a motor vehicle or has the care or control of a motor vehicle, whether it is in motion or not while the person’s ability to operate the vehicle is impaired by alcohol or a drug
253(1)(b) CC
Every one commits an offence who operates a motor vehicle or has the care or control of a motor vehicle, whether it is in motion or not, having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds 80 mg of alcohol in 100 mL of blood (exceeds 80 mg%)
Impaired Operation VS Exceed 80 mg%
These are 2 distinct offences:
impaired operation relates to a person’s ability (derived from their behavioral cues)
exceed 80 mg% refers to a quantitative measurement of blood alcohol levels
usually go together, but not always
Impaired Driving-253(1)(a) CC
What is Impaired Driving?
Impairment
Deterioration of the sensory and cognitive skills required to safely operate a motor vehicle
There is no significant deterioration of physical abilities
Impairment of vision, alertness, reaction time, judgment, decision making, concentration and attention
Intoxication
Advanced state of impairment where physical abilities have also deteriorated
Individuals exhibit outward symptoms such as slurred speech, staggering, problems with balance and co-ordination
Further dulling of mental functions leading to confusion, disorientation and drowsiness
Emotional states may be illogical and extreme
R.v. Stelatto (1993) - If the evidence of impairment establishes any degree of impairment ranging from slight to great, the offence is made out.
Evidence must be of impairment that affects ability to operate a motor vehicle as this is an element of the offence.
Reasonable & Probable Grounds
How do we establish reasonable & probable grounds for Impaired Driving?
Driving Observations Physical Observations Observations of Witnesses
Observations
Driving Observations
Weaving/Swerving/Drifting/Lane Position
Wide or narrow turning radius Improper signaling Unexplainable MVA Disobeying traffic signals
Observations
Driving onto side walk when pulling to the curve
Headlights off at night Speeding/Going very slow Fresh damage Flat tires
Observations
What does a drunk look like to you?
Observations
Physical Observations
Breath
Smell of alcohol on the breath of the person
Smell of marihuana on person or in vehicle
Observations
Speech
Slurred/Difficult (incoherent) speech Slow/Deliberate speech Asks the same questions repeatedly Smacking of lips/Dry mouth
Observations
Balance
Swaying/Unsteady on feet when standing
Sagging knees Falling Staggers when they walk
Observations
Eyes
Bloodshot Glassy Sleepy (1/2 closed) Watery
Observations
Face
Flushed Pale Red faced
Observations
Clothing
Unkempt Soiled Disarranged
Observations
Unusual Conditions
Loss of co-ordination/consciousness Loss of muscle tone Vomiting/drooling White at the corners of the mouth
Observations
Attitude
Polite/Co-operative Cocky Combative/Abusive Emotional (crying, laughing, etc) Rapid mood or demeanor changes
Observations
Observations of Witnesses
Talk to other motorists, pedestrians, ambulance personnel, bystanders, etc
Get statements if possible Can assist you in forming your
reasonable and probable grounds and support your case
Grounds VS Evidence
When forming grounds to believe we can rely on hearsay and uncautioned statements
Some of these may not be used as evidence at trial, therefore, it is important to keep making observations/notes throughout the investigation
Court
Talk to/Observe the accused before court
Note the differences between the accused in a sober and a non-sober state
Forming Grounds for 253(1)(b)Once you have formed the grounds
that the person is impaired, you have the grounds that they also exceed 80 mg% and you can make a breath demand
What if you don’t have the grounds that they are impaired?
Approved Screening Device
Used when you are unable to establish reasonable grounds for an impaired
Require reasonable grounds to suspect that a person has alcohol in their body AND within preceding 3 hours operated or had care or control of a motor vehicle
A “fail” gives grounds that the driver is committing 253(1)(b)
Reasonable Grounds to Suspect Smell of beverage alcohol from
breath indicating recent consumption Admission from driver that there was
recent consumption Witness evidence that there was
recent consumption (need statement!!)
Making the Breath Demand
Grounds that the accused was committing 253(1)(a) or 253 (1)(b) must be formed within 3 hours of the offence.
It has to be as a result of alcohol consumption as you CAN’T make a breath demand for drug impairment.
Drugs
If you have grounds that the accused was committing 253(1)(a) by drug or drug/alcohol (must be formed within 3 hours of the offence) you can demand they submit to an evaluation conducted by a Certified Drug Recognition Expert (CDRE).
Drugs
If the CDRE completes the evaluation and has reasonable grounds to believe that the person is impaired they can demand:
a) An oral or urine sample ORb) A blood sample (need doctor’s
permission)
Drugs
If you only have reasonable grounds to suspect that a person has a drug in their body and that in the preceding 3 hours they operated a motor vehicle you can demand physical co-ordination tests (Standard Field Sobriety Tests – SFST’s).
A “fail” of the SFST’s can lead to a demand for an evaluation by a CDRE
Blood Demand
The subject is incapable of providing a breath sample, OR
It would be impractical to obtain a breath sample due to the subjects physical condition.
Blood Demand
The requirements for making a blood demand are almost identical to those of a breath demand:
Need RPG to believe they committed 253(1)(a) or 253(1)(b) in preceding 3 hours
Suspect must be given opportunity to contact counsel in private
Make sure they understand the demand
Blood Demand
In addition, however, the attending physician has to authorize the blood to be drawn. If he/she doesn’t authorize this you must cease this part of the investigation and no action can be taken against the doctor.
The BAC can be found by other methods i.e.. Search Warrant or Production Order.
Breath, Blood and Evaluation Demands
Demands to be read direct from notebook or card
Record subjects response to demand and time
Refusals
Subject can be charged for refusing to comply with:
ASD demand Breath demand Blood demand
Refusals
It must be an informed refusal:
Subject must be warned of the consequences of his/her actions
Do this several times and document clearly what was said or done
Blood Warrant – 256(1) CC
Used if subject is unconscious or unable to respond to demand
Still need RPG and physician’s approval
Can only be used if suspect caused bodily harm or death
Have only 4 hours to execute the warrant from the time of the offence
Other options are Search Warrant and Production Order
Counsel
Right to counsel must be in private but not out of your sight
Note all times i.e.. Time they requested to talk to a lawyer, time they actually talked to a lawyer
Allow a reasonable time to consult counsel
Important Notes to Remember
Make good, accurate notes on your observations (be descriptive!!)
Monitor your subject during transport, booking in, lawyer call, and time of all tests
Continue recording observations throughout investigation
Note all times Be patient with providing counsel
Important Notes to Remember
Ask about drinking pattern (when was last drink, what were they drinking, how much, where, etc) several times
Note the time of occurrence Note what clothing the subject was
wearing i.e.. Footwear Note the environmental conditions Search for evidence as well as officer
safety
Conclusion
Impaired driving is no longer socially acceptable.
The needless carnage and suffering can be stopped or reduced through your diligent investigation in this area.
IMPAIRED DRIVING IS NOT A VICTIMLESS CRIME!!
THANK YOU