Question about "impaired driver" form

[MikeG]

A few months ago RDS mentioned the impaired driver form to report drivers who should no longer have a license (usually due to age). Arizona has this process as well. Has anyone used it for alcoholic DUI subject?

A patrol officer was describing a current problem where extreme DUI suspect was caught (> 0.2% BAC). He was arrested and given court date. He FTA'd. Since the officer knew address, brought him in on misdemeanor FTA warrant (he's getting special attention as he made the mistake of getting caught and living in the same beat) . Also officer noticed damage to house from his vehicle since first arrest. He was intoxicated when brought in for FTA and for some reason judge still let him bail (probably a compassion release because he was starting to get the shakes). It doesn't appear that this person is ever sober.

I suggested filling out the Dept of Trans form to the officer since they have a field for substance/alcohol abuse and I doubt he could ever show up sober for a driving test. Damage to the personal house/vehicle is not criminal or admissible but it makes a good narrative for the DOT form with pictures.

Question 1: Has anyone ever done this for alcohol/drug abusers before and is it appropriate to use extra-judicial means when there are pending court cases?

Question 2: Would it be useful considering that a person willing to drive impaired is probably going to ignore suspended license? Does it aggravate other offenses sufficiently to go this route?

Basically this guy is going to kill someone but can't stop drinking and still drives while waiting for court date. I am thinking that just driving on suspended license may allow 30 day impound of car and also aggravate a new DUI to where this person isn't on the road. Comment?

[Citicop]

Is this is first DWI?

It seems to me that if he's drunk that often, he probably should have a suspended license already from previous DWI's.

And you're dead on in point #2. This guy isn't going to quit driving over a license suspension. I've never done it, but in my state the driver is required to go get re-tested when we send that form in. If he stayed sober for the test, he would just get to keep his license anyway.

I'm interested to hear what other people have done.

-Citicop.

[MikeG]

Yes, I believe it's the first time he's been caught.

For #2, the benefit would only be the ability to impound car for 30 days and also the "aggravating" status conveyed with suspended license. I was hoping he would just FTA for the driving test. He gets withdrawal so I think sober is out of the question. Just like he avoided court, I think he would forego a driving test and get the automatic suspension (I assume it's automatic).

[retdetsgt]

The impaired driver form was never intended for that. It's strictly for when people believe someone shouldn't be driving because of physical or mental impairment. And then DMV sends them a letter telling them to come in for retesting (vision, etc). If they pass all the tests, they keep their license.

Otherwise, people could send in those forms when they think people drive too fast or don't stop well enough at stop signs.

[MikeG]

The impaired driver form was never intended for that. It's strictly for when people believe someone shouldn't be driving because of physical or mental impairment. And then DMV sends them a letter telling them to come in for retesting (vision, etc). If they pass all the tests, they keep their license.

Otherwise, people could send in those forms when they think people drive too fast or don't stop well enough at stop signs.

Instructions for AZ form allow your "otherwise." MVD might just roundfile the garbage reports though. I think the trick is that you have to have the Driver License number and name and address as well. I think it extends your earlier example for age related impairment to basically anything that impairs driving ability. Instead of Alzheimers, imagine a family member that is a drug abuser and is never sober yet still drives after being requested not to by family. Arizona form extends the range of reportable impairments to include that case and even vaguer ones like "Lack of knowledge of rules". Ultimately MVD decides who they call in.

Here's the AZ form with all the cases.
http://mvd.azdot.gov/mvd/formsandpub...rmInfoKey=1861

[retdetsgt]

What's the level of proof on alcohol use, etc.? Will they take away a license on the word of one person?

Here they interview and test for Alzheimer's, check hearing, vision and general knowledge of road laws. If the person shows up sober, how do they prove he's a drunk?

I could see the options for real abuse of that system.

[mcsap]

PA has such a form which can ONLY be filed out by the police. We can indicate ANY issue that can and or does affect safe driving. But we must be SPECIFIC.

[greg72982]

As was said earlier, just because the state suspends/revokes your license doesn't mean people wont still drive, in fact more times than not you can bet that they will.

Just keep the DUI's coming and eventually he'll get enough jail time that he will dry out...just hopefully he doesnt kill anyone in the process.

[scott715us]

An administrative suspension seems to be less punitive. The suspended DL due to DUI is probably looked upon more severely. As others have mentioned, if he gets caught enough, he will normally get more jail time. I'm not sure about other states, but in TN, the court can declare the driver a Habitual Traffic Offender (HTO). Once declared by the court, every time they get caught driving, it's a felony.

[MikeG]

An administrative suspension seems to be less punitive. The suspended DL due to DUI is probably looked upon more severely. As others have mentioned, if he gets caught enough, he will normally get more jail time. I'm not sure about other states, but in TN, the court can declare the driver a Habitual Traffic Offender (HTO). Once declared by the court, every time they get caught driving, it's a felony.

The idea was to pursue both. Court ordered ones are time based with other stipulations and have lots of requirements and are certainly much more serious. MVD ones are based on testing and showing up for the test. If you get an administrative suspension, it's still an aggravating condition for DUI which ups all the court ordered stuff, allows impoundment of vehicle, felony charge, etc. This guy was shaking from withdrawal and still had BAC over 0.15 so unless he gets some sort of treatment I doubt an MVD guy would even get in the car with him (if he even showed up).

An update: He was caught previously for DUI. Just outside the time limit for compounding the offense and making the new one a felony. I think he should have suspended license now since the blood work was sent in but is only for short time as I understand it. Time will tell. Hopefully he's caught/jailed/treated/whatever before someone gets hurt. They definitely have an eye out for him.

[retdetsgt]

PA has such a form which can ONLY be filed out by the police. We can indicate ANY issue that can and or does affect safe driving. But we must be SPECIFIC.

There's no way a citizen can have someone checked? I did one on my father in law after I retired. They tested his eyes and revoked, not suspended his license.

In fact, it's annoying to read when some elderly person has a bad accident and the family is quoted as saying they thought about having him/her checked by DMV, but didn't. It's a great tool for people like that, but something like alcohol use seems over the top. Here it has to be something that a DMV person can test themselves.

[retdetsgt]

As was said earlier, just because the state suspends/revokes your license doesn't mean people wont still drive, in fact more times than not you can bet that they will.

Depends on what it's for. Most suspensions I ran into were for no insurance or failure to report an accident, stuff that shows a lack of responsibility in general.

Doing what I do as an advocation, I've known a lot of people suspended for DUI and I haven't know any that drove. In fact, I rarely busted anyone driving suspended after a DUI. One reason may be that Oregon is really heavy handed on DUI suspensions who drive. The majority of DUI's (at least around here) are working people who have jobs, families, etc. The others are generally flakes who don't care.

[mcsap]

There's no way a citizen can have someone checked? I did one on my father in law after I retired. They tested his eyes and revoked, not suspended his license.

In fact, it's annoying to read when some elderly person has a bad accident and the family is quoted as saying they thought about having him/her checked by DMV, but didn't. It's a great tool for people like that, but something like alcohol use seems over the top. Here it has to be something that a DMV person can test themselves.

No, there isn't. A citizen could come to me and make a " complaint" but I have to file it.

[cntryboy0531]

Depends on what it's for. Most suspensions I ran into were for no insurance or failure to report an accident, stuff that shows a lack of responsibility in general.

Doing what I do as an advocation, I've known a lot of people suspended for DUI and I haven't know any that drove. In fact, I rarely busted anyone driving suspended after a DUI. One reason may be that Oregon is really heavy handed on DUI suspensions who drive. The majority of DUI's (at least around here) are working people who have jobs, families, etc. The others are generally flakes who don't care.

Most of my arrests for driving while suspended are for insurance, failing to pay fines and child support. I do get some that are from a DUI suspension, but those are more rare. However, a lot of my DUI's I get, are re-offenders.

Hell, I popped a lady for DUI and she was arrested just 7 days prior for another DUI.

[greg72982]

Depends on what it's for. Most suspensions I ran into were for no insurance or failure to report an accident, stuff that shows a lack of responsibility in general.

Doing what I do as an advocation, I've known a lot of people suspended for DUI and I haven't know any that drove. In fact, I rarely busted anyone driving suspended after a DUI. One reason may be that Oregon is really heavy handed on DUI suspensions who drive. The majority of DUI's (at least around here) are working people who have jobs, families, etc. The others are generally flakes who don't care.

I think that is more area specific as well. In the one area I work getting someone who is driving DUI suspended isn't any less common than a regular suspension and our penalties for driving under suspension DUI related are pretty stiff also.