Problems and Solutions in
DWI Enforcement Systems

TABLE OF CONTENTS
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COVER
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ACKNOWLEDGMENTS
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FIGURES
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TABLES
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EXECUTIVE SUMMARY
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1 - INTRODUCTION
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BACKGROUND

SCOPE AND APPROACH

ORGANIZATION OF THE REPORT

2 - THE BASELINE SYSTEM
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INTRODUCTION

INFORMATION SOURCES

Telephone Contacts with System Staff

Expert Panel Discussions

Staff Expertise

RESULTS

Top Level

Law Enforcement

First Level

Second Level

Adjudication

First Level

Second Level - Administrative

Second Level - Judicial

Sanctioning

First Level

Second Level - Administrative

Second Level - Judicial

MEASURES OF REQUIREMENTS AND PERFORMANCE

 

3 - CASE STUDIES OF OPERATING SYSTEMS
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SELECTION OF CASE STUDY SITES

CASE STUDY PROCEDURES

CASE STUDY RESULTS - SCOTTSDALE, ARIZONA

Site Description

System Description

Law Generation

Enforcement

Adjudication

Sanctioning

Problem Areas and Possible Fixes

CASE STUDY RESULTS - ROCKDALE COUNTY, GEORGIA

Site Description

System Description

Law Generation

Enforcement

Adjudication

Sanctioning

Problem Areas and Possible Fixes

CASE STUDY RESULTS - PALM BEACH COUNTY, FLORIDA

Site Description

System Description

Law Generation

Enforcement

Adjudication

Sanctioning

Problem Areas and Possible Fixes

4 - SYSTEM FAILURES AND SUGGESTED FIXES
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INTRODUCTION

SYSTEM FAILURES

Enforcement

Failure to Find DWI Suspects

Failure to Confirm Suspects as DWIs

Failure to Process DWIs in a Timely Manner

Adjudication

Failure to Charge DWIs

Failure to Obtain a Guilty Plea from DWIs

Failure to Convict DWIs

Sanctioning

Failure to Impose Appropriate Sanctions

Failure to Execute Imposed Sanctions

Failure to Uphold Administrative Sanctions

SUGGESTED FIXES

Enforcement

Failure to Find DWI Suspects

Failure to Confirm Suspects as DWI

Failure to Process DWIs in a Timely Manner

Adjudication

Failure to Charge DWIs

Failure to Obtain Guilty Pleas from DWIs

Failure to Convict DWIs

Sanctioning

Failure to Impose Appropriate Sanctions

Failure to Execute Imposed Sanctions

Failure to Uphold Administrative Sanctions

IMPLEMENTATION OF SYSTEM FIXES

SUMMARY AND CONCLUSIONS

5 - CONCLUSIONS AND RECOMMENDATIONS
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6 - REFERENCES
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APPENDIX - SUMMARY OF TELEPHONE DISCUSSIONS
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FIGURES

Figure 2-1: Top-Level Flowchart of the Baseline DWI Enforcement System

Figure 2-2: Flowchart for Function 2.0, Law Enforcement

Figure 2-3: Flowchart for Function 2.1, Perform Surveillance

Figure 2-4: Flowchart for Function 2.2, Detect Suspect

Figure 2-5: Flowchart for Function 2.3, Stop Vehicle

Figure 2-6: Flowchart for Function 2.4, Conduct Pre-Arrest Investigation

Figure 2-7: Flowchart for Function 2.6, Conduct Post-Arrest Investigation and Processing

Figure 2-8: Flowchart for Function 3.0, Adjudication

Figure 2-9: Flowchart for Function 3.1, Determine Guilt - Administrative

Figure 2-10: Flowchart for Function 3.2, Process Appeal of Administrative Decision

Figure 2-11: Flowchart for Function 3.4, Hear Motions - Judicial

Figure 2-12: Flowchart for Function 3.4, Conduct Trial - Judicial

Figure 2-13: Flowchart for Function 4.0, Sanctioning

Figure 2-14: Flowchart for Function 4.2, Diagnose and Refer

Figure 2-15: Flowchart for Function 4.3, Impose Probation

Figure 2-16: Flowchart for Function 4.4, Determine Action for Non-Compliance

Figure 4-1: Factors Contributing to "Failure to Find DWI Suspects"

Figure 4-2: Factors Contributing to "Failure to Confirm Suspects as DWIs"

Figure 4-3: Factors Contributing to "Failure to Arrest and Process DWIs In a Timely Manner"

Figure 4-4: Factors Contributing to "Failure to Charge DWIs"

Figure 4-5: Factors Contributing to "Failure to Obtain Guilty Plea From DWIs"

Figure 4-6: Factors Contributing to "Failure to Convict DWIs"

Figure 4-7: Factors Contributing to "Failure to Impose Appropriate Sanctions"

Figure 4-8: Factors Contributing to "Failure to Execute Imposed Judicial Sanctions"

Figure 4-9: Factors Contributing to "Failure to Uphold Administrative Sanctions"

Figure 4-10: Causes and Fixes of "Too Few Units Observing for DWI"

Figure 4-11: Cause and Fix of "Inability to Recognize DWI Driving Behavior"

Figure 4-12: Causes and Fixes of "Ineffective or Inefficient Use of Resources"

Figure 4-13: Causes and Fixes of "Ineffective Use of Citizen Reporting"

Figure 4-14: Cause and Fixes of "Too Much Time Spent Collecting Data"

Figure 4-15: Causes and Fix of "Failure to Observe for Signs of Alcohol Impairment"

Figure 4-16: Causes and Fix of "Failure to Properly Give or Interpret a Sobriety Test"

Figure 4-17: Causes and Fixes of "Long Waits for Support Units at Arrest Scene" Figure 4-18: Causes and Fixes of "Long Time to Reach Processing Facility"

Figure 4-19: Causes and Fixes of "Use of Patrol Officers for Non-Patrol Duties"

Figure 4-20: Causes and Fixes of "Too Few Prosecutors to Process DWI Caseload"

Figure 4-21: Causes and Fixes of "Unnecessary or Inefficient Charging Procedures"

Figure 4-22: Causes and Fixes of "Insufficient or Inadmissable Evidence"

Figure 4-23: Causes and Fixes of "Defendants Fail to Appear"

Figure 4-24: Causes and Fixes of "Too Few Guilty Pleas at Arraignment"

Figure 4-25: Causes and Fixes of "Failure to Negotiate a Plea"

Figure 4-26: Causes and Fixes of "Too Many Motions and Continuances"

Figure 4-27: Causes and Fixes of "Critical Evidence Not Admitted"

Figure 4-28: Causes and Fixes of "No Testimony or Poor Testimony From a Key Witness"

Figure 4-29: Cause and Fix of "Inappropriate Not Guilty Verdict Rendered"

Figure 4-30: Cause and Fix of "Lack of Information"

Figure 4-31: Cause and Fix of "Lack of Sanctioning Resources"

Figure 4-32: Cause and Fix of "Lack of Uniformity in Sentencing"

Figure 4-33: Cause and Fix of "Insufficient Attention to Sentencing"

Figure 4-34: Causes and Fix of "Failure to Complete Term or Fulfill Conditions of Sentence"

Figure 4-35: Causes and Fix of "Police Officer Fails to Appear or Testify Effectively"

Figure 4-36: Causes and Fixes of "Non-Pertinent Issues Addressed at Hearings"

Figure 4-37: Cause and Fix of "Hearing Officer Arrives at an Erroneous Judgement"

 


TABLES

Table 2-1: Restrictiveness of BAC Limits in Selected States at Start of Study

Table 2-2: Sanctions for DWI - Baseline System

Table 2-3: Performance and Requirements Measures for Perform Surveillance, Detect Suspect, and Apprehend Suspect

Table 2-4: Performance and Requirements Measures for Conduct Pre-Arrest Investigation, and Arrest and Transport Suspect

Table 2-5: Performance and Requirements Measures for Conduct Post-Arrest Investigation and Processing

Table 2-6: Performance and Requirements Measures for Determine Guilt (Administrative), Process Appeal of Administrative Decision, and Arraign

Table 2-7: Performance and Requirements Measures for Arraign, Hear Motions, Conduct Trial, and File and Conduct Appeal

Table 2-8: Performance and Requirements Measures for Sentence, Diagnose and Refer, Impose Probation, Determine Action for Non-Compliance, and Impose Punitive Sanctions