According to the Pennsylvania DUI Association, in 2006 there were 48,698 persons arrested for DUI. This was a 7.8% increase from the 45,167 in 2005. Those arrested for driving under the influence were predominantly male (79.2%), white (90.0%), and 25 years of age and older (69.9%).
DUI Crime Clock: one every 11 minutes 7 seconds
The "typical" DUI offender is:
Sex:
Male -- 77%
Female -- 23%
Average age: 34
Age Breakdown:
18 & under: 0.6%
18 to 20: 9.5%
21 to 24: 19.0%
25 to 29: 16.2%
30 to 34: 10.6%
35 to 44: 21.8%
45 to 54: 16.1%
55+ : 6.2%
Marital Status:
Single: 50.5%
Married: 18.9%
Divorced: 13.1%
Separated: 6.1%
Widowed: 1.3%
Other: 10.2%
Education:
Graduate Degree: 3.3%
Undergrad Degree: 11.4%
Partial College/Tech. Training: 29.2%
High School Graduate: 42.6%
Partial High School: 9.5%
Junior High School: 3.2%
6th Grade and Below: 0.8%
Average Income: $32,769.00
Employment Status:
Employed: 76.5%
Unemployed: 23.5%
Reason Police Stopped Client:
Crash: 26.9%
Weaving: 18.8%
Moving Violation: 27.2%
Vehicle Violation: 8.9%
Other: 18.2%
Day of Arrest:
Sunday: 22.2%
Monday: 8.0%
Tuesday: 7.9%
Wednesday: 9.0%
Thursday: 10.6%
Friday: 15.8%
Saturday: 26.5%
Time of Arrest:
4am to noon: 4.7%
Noon to 5pm: 5.0%
5pm to 10pm: 16.9%
10pm to midnight: 16.1%
Midnight to 4am: 57.3%
Average BAC: 0.17%
Roadways:
In order to be considered a DUI, the offense must occur on either a 'highway' or 'trafficway' as those terms are defined by the Vehicle Code:
- Highway: the entire width between the boundary lines of every way publicly maintained when an part thereof is open to the use of the public for purposed of vehicular travel. The term includes a roadway open to the use of the public for vehicular travel on the grounds of a college or university or a public or private school or a public or historical park.
- Trafficway: The entire width between the property lines or other boundary lines of every way or place of which any part is open to the public for purposes of vehicular travel of right or custom.
To determine whether the location on which an offense takes place is a 'highway' or 'trafficway', you must ask whether the location is open to the public for purposed of vehicular traffic. For example, a public parking garage, which allows entry upon obtaining a ticket and exit upon the payment of a fee, is a 'trafficway.' So is a mall parking lot. But a private roadway in a mobile home park not open to the public is not a 'highway' or 'trafficway.'
The Traffic Stop: Reasonable Suspicion is Required
The Vehicle Code authorizes police officers to make vehicle stops based upon a reasonable suspicion that a violation of the Vehicle Code is occurring or has occurred. If the officer has that suspicion, he may stop your vehicle for the purpose of checking your vehicle's registration, your proof of financial responsibility, the vehicle identification number, the engine number or your driver's license, or to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of the Vehicle Code. If requested, you must exhibit your registration card, your driver's license, your information relating to financial responsibility, or other means of identification, and you must write your name in the presence of the officer if required to establish your identity.
Some of the factors considered by a police officer to stop a vehicle include:
-
Turning with wide radius;
-
Straddling the center line;
-
Almost striking an object or another vehicle;
-
Weaving;
-
Swerving;
-
Drifting
-
Slow speed;
-
Fast speed;
-
Stopping (without cause) in the traffic lane;
-
Following another car too closely;
-
Tires on center or lane marker;
-
Braking erratically;
-
Driving into opposing or crossing traffic;
-
Signaling inconsistent with driving actions;
-
Slow response to traffic signals;
-
Turning abruptly or illegally;
-
Accelerating or decelerating rapidly; and
-
Driving without headlights on.
Field Sobriety Tests:
Standard field sobriety tests, usually given at the scene of the vehicle stop, are designed to assist an officer in deciding whether to make a DUI arrest. There are three general tests: the One-Leg Stand, the Walk & Turn, and the Horizontal Gaze Nystagmus (HGN).
The first two FSTs are called 'divided attention' tests, as they require a driver to use two or more skills to pass them. These skills include coordination, balance, listening to and following instructions, and counting. Officers are trained to look for certain errors, or clues, which are believed to correlate to a person's blood alcohol content. The more clues, the more likely that the driver is DUI. The horizontal gaze nystagmus test measures involuntary eye movements.
The Arrest and Chemical Testing of Blood, Breath or Urine:
When an officer believes that you are under the influence of alcohol or a controlled substance, the officer will place you under arrest and transport you to the police station or a hospital for chemical testing. In Pennsylvania, it is implied that you have consented to chemical testing. If you refuse to submit to any requested tests, you will automatically lose your driver's license for 12 months, irrespective of whether you are found guilty or not guilty of the underlying DUI charge.
When you give a breath test at the police station, you will be asked to provide two samples about a minute apart. The test instrument will measure the blood alcohol content of each sample and print out a receipt indicating the date, time, and BAC readings. If the readings are within 0.02% of each other, the results are valid and admissible in court. For example, readings of 0.153% and 0.161% are valid, while readings of 0.142% and 0.169% are invalid.
If you are asked for a blood sample, the hospital will draw your blood and submit it for BAC testing of your whole blood, versus your blood serum or plasma, which could give artificially high BAC readings. Blood or urine samples may also be tested for the presence of controlled substances.
