NCJ Number
76129
Date Published
1980
Length
113 pages
Annotation
Results are reported from a study that developed model arrest procedures to enhance the enforcement of laws against driving while intoxicated (DWI) offenses.
Abstract
The model development was based on analyses of the procedural alternatives now possible, how alternatives affect processing time, and the factors that most influence DWI arrest rates. The model presents the recommended DWI laws and procedures. The research involved data collection in the field during the apprehension of DWI suspects and the subsequent processing of each arrestee. The DWI process is described in terms of apprehension of the suspect, field sobriety testing, arrest, disposition of the offender's vehicle, transportation of the offender, evidential testing, interrogation, reporting, and incarceration or release. Within each of these components, procedural alternatives are defined and described. Under the current system, based on a sample of 505 DWI arrests made by 8 participating agencies, the average processing time was found to be 91 minutes. Although the amount of processing time required was not significantly correlated with the DWI arrest rate among the agencies studied, the current processing burden was a major contributor to negative attitudes within the agencies toward DWI enforcement. A high statistically significant positive correlation was found between agency attitudes and agency DWI arrest rates. Factors that had the greatest impact on arrest rates were attitudes within the agencies toward DWI enforcement and use of DWI-emphasis patrols. New procedures under the model provide that evidence of intoxication need be based only on the amount of alcohol in the body as measured by an approved chemical test, thus eliminating the necessity for the arresting officer to collect and record behavioral evidence of intoxication. The use of these procedures would reduce the DWI arrest processing time by an estimated one-third in the sample of agencies studied, from an average of more than 90 minutes to an average of less than 60 minutes. Charts, tabular data, and 30 references are provided. DWI arrest procedures, applicable state statutes, and adjudication procedures are outlined for a sample of law enforcement agencies throughout the country. (Author abstract modified)