Legal Issues – DUI
The Cass and Clay County Sherrif Departments team up to stage two mock DUI arrests. They show what happens when police officers pull someone over on the suspicion that they have been drinking or using drugs. This segment shows what happens step by step from being pulled over to being taken to jail.
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Driving Under the Influence (DUI) Discussion Questions
1. Why would a police officer pull a driver over and question them about whether they’ve been drinking?
2. What tests does a person have to perform to determine whether or not they’ve been drinking?
3. Why would the officer decide to arrest a person?
4. What happens after the person is arrested?
5. In what ways does an arrest affect a person’s life and future?
6. Do you think most people think about the legal consequences of drinking and driving?
7. Do you think the laws against drinking and driving need to be stronger? Explain.
Transcript
Synopsis: In this mock DUI exercise, members of the Cass and Clay County Sheriff’s Department explain what happens when someone is pulled over on suspicion of drunk driving.
Oh, there’s a cop behind me. Oh my God, I am so in trouble. Did I do something wrong, officer?
Meg: Mary has been pulled over by deputy sheriff Roy Bolio after spending the evening hanging out and having a few drinks with friends.
Roy Bolio (RB): The reason I stopped you was I saw you weaving over the white line and the yellow line.
Mary: I dropped my cell phone it was on the top and I wanted to pick it up.
RB: Ok. By chance do you have you license, registration, and insurance?
Mary: Uhh, yeah.
Meg: Clay County Deputy Sheriff Mike Trigg describes what happens when an officer suspects someone has been drinking and pulls them over.
Mike Trigg (MT): During that initial contact at the driver’s window asking for ID, license and everything, we’re looking for other clues that the driver might be impaired, such as bloodshot, watery eyes, slurred speech, or the odor of alcohol of alcohol beverage on him or coming from within the vehicle.
RB: Where you headed tonight?
Mary: I’m just going home. I was at a friend’s.
RB: Alright, hang tight. I’ll be right back, ok?
Mary: Am I in trouble, or…?
RB: Just hang tight, I’m going to go run your license and be right back.
Mary: I need to get home, I’m kind of in a hurry.
RB: Alright ma’am, hang tight.
MT: We’ll typically then ask them if they would step out of the vehicle to perform some field sobriety tests.
RB: And how much have you had to drink tonight? Have you had any alcoholic beverages?
Mary: A couple.
RB: Ok, what time was the last time you had something to drink?
Mary: Maybe two hours ago.
RB: I’ll tell you what, let’s do some field sobriety tests.
MT: And if you’re able to pass the test, obviously then alcohol isn’t a factor.
RB: Ok, the first test I want you to do is, I want you to do the heel to toe walk for me, ok?
Meg: Deputy Sheriff Bolio has Mary walk nine steps, heel to toe. Then she pivots and walks back to where she started. She counts each step as she walks.
Mary: …eight…
MT: The next thing we’re going to do is, it’s a balance test, it’s called one leg stand.
RD: What I want you to do is keep your hands to your sides like this, and take either one of your foot and raise it six inches about the ground and point your toe straight outwards. Do you understand what I said so far?
Mary: Yeah, but can anybody do that? Can people do that?
MT: If the person doesn’t want to cooperate and refuses to take those tests, there are consequences.
Meg: The 3rd test is one where Mary has to follow an object with her eyes without moving her head.
RB: Take your glasses off for me please.
Mary: I can’t see very well without them.
RB: That’s ok you don’t need to see you, just need to watch what I’m doing, ok?
Mary: alright
RB: We’re just gonna do a quick test to your eyes.
MT: What we’re looking for is, we’re looking for the jerkiness in a person’s eyes as they’re able to follow an object we place in front of them.
Mary: Are you an eye doctor?
MT: and the more impaired someone is, the more jerking we’re going to be able to see and it’s very obvious and very evident. And it’s also something that a person cannot control. It’s a physical reaction to chemical impairment.
RB: Remember, do not move your head at any time, just follow it with your eyes.
Mary: Do I have to count?
RB: No ma’am, you don’t have to count. Just follow it with your eyes.
Meg: By now, Mary is getting really impatient and nervous. She wants out of there, but she still has to endure one last test.
Mary: You think I’m drunk.
RB: No, this right here will tell you whether you are or aren’t.
MT: The lest test is called a PBT test and it’s a little box that’s called a preliminary breath tester and we have them blow into the box and that’ll show us roughly within a certain percentage, what their blood alcohol content might be at that time.
RB: Blow. Keep blowing, keep blowing, keep blowing, keep blowing, stop.
Mary: Do you know right away or what do I have to do now? How much longer?
RB: Ok. It will just be a minute here and it’ll give you your results. Ok, shows your result is .10.
Mary: So I’m ok to go then?
RB: Ok the actual limit for driving under the influence of an alcoholic beverage is .08 so right now you’re actually over the limit.
Mary: But you guys usually let people go even if your just a little over, don’t you?
RB: Absolutely not.
MT: And then with all those other things in mind we’ll make a determination whether this person is placed under arrest or not.
RB: This is what has to be done right now, you’re over the limit and you have no options other than to be placed under arrest.
Mary: Are you going to put handcuffs on me?
RB: I’m gonna handcuff you behind your back for my safety and your safety.
Mary: I’m not that drunk.
RB: I understand, but right now your impairment shows that you’ve had a little too much to drink and it shows even though you don’t realize it.
Mary: Can I call my boyfriend and my dad or somebody?
RB: Absolutely,
Mary: Now?
RB: You’ll be able to call your dad or boyfriend as soon as we get to the jail and they’ll be able to make arrangements for you.
Meg: After handcuffing her, deputy sheriff Bolio drives Mary to the jail. There, she takes another breathalyzer test which will be used as official evidence in her court case. She will be stripped of her personal goods, finger printed, and photographed. She’ll have to find a way to pay four hundred dollars cash to get out and someone who is sober will have to pick her up. Anyone who can’t make bail stays in a jail cell until the money is raised or the court hearing takes place. It’s an awful end to an evening spent drinking with friends.
Meg: To see s photo slide-show version of this story and to hear other stories about youth drinking in North Dakota, go to www.highriskhigh.org. For Prairie Public, I’m Meg Luther Lidholm.
Key Words and Tags: Youth drinking, Teen drinking, Underage drinking, North Dakota, Prairie Public, Binge drink, Binge drinking.