Police Officer Preparation & Law Enforcement Resource - Archive

Okay, one thread is too lonely.

I worked a DUI emphasis last night. I stopped a kid at 2345 hours (Hwy 97/Toppenish Area). I ran him through SFST's and arrested him at 2359 hours. According to my watch, I read him Miranda at 0000 hours. BAC at 0036 hours. He turned 21 at midnite. The BAC was an old one with the printer built into it and it failed to print. I PBT the kid at .098, so I assume he will be above .08. He was written for 46.61.502

If he wasn't above .08, do I charge the under 21 statue or not?

The only driving I have is that he passed me while over the solid yellow lane edge (inner lane). While following him he did cross it again.

I assume since the infraction happended when he was 20 that I would use that, but I am not sure. I know a Trooper will have the answer.

If I stopped him before midnight, when he was technically still 20yrs old, I'd charge him as such. I'm assuming here (not knowing your statues) that you would be doing him a favor, charging him as under 21...am I correct?

1. ask your supervisor

2. if he wasnt a problem, cut him slack ie over 21
if he was a problem, do him as 20 yoa

Taxx, how much time do you have on the job, if I may ask? I was gonna ask you in my first post, but neglected to do so. If your fairly new, KELS #1 answer, might be advisable or maybe seek out a FTO.

Taxx, how much time do you have on the job, if I may ask? I was gonna ask you in my first post, but neglected to do so. If your fairly new, KELS #1 answer, might be advisable or maybe seek out a FTO.

Ok, the kid blew .098 and .102, so my question is moot. I have almost three years experience. My supervisor knows nothing of DUI's and hasn't processed one since 1998. I was working in another town for this emphasis for WSP, so I had no direct supervisor at the time. I asked some other veteran guys who were working, but they had no clear cut answer.

I spoke with DUI guru for our department and he was pretty stumped, too. However, he said, no matter what I charged him with the court could ammend the charge, but most likley it would be the <21 if the arrest was made prior to 2400 hours.

If you are an .08 state , does it matter ?

Ok, the kid blew .098 and .102, so my question is moot. I have almost three years experience. My supervisor knows nothing of DUI's and hasn't processed one since 1998. I was working in another town for this emphasis for WSP, so I had no direct supervisor at the time. I asked some other veteran guys who were working, but they had no clear cut answer.

I spoke with DUI guru for our department and he was pretty stumped, too. However, he said, no matter what I charged him with the court could ammend the charge, but most likley it would be the <21 if the arrest was made prior to 2400 hours.

Yes, the DA will lower the charge for you in some instances (not always a good thing).

Hmm, we don't charge unless lowest reading > 100mg (truncated), even though 80mg is the law. If he were mine he'd get a 12hr licence suspension. As far as his age is concerned over 18 is all I care about, however our drinking age is 19yo.