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DUI Checkpoints:   The Good, The Bad and The Ugly... Probable Cause, Field Sobriety Test (FST) and the Intoxilyzer 8000

  I will update this page every time I work a DUI checkpoint.
DUI CHECKPOINTS FOR JULY 2008
  
     
Hillsborough County Sheriff's Office Checkpoint

When:
July 18, 2008
District III
BAT Unit, remote booking and transport provided
Location:
Town & County Elem.
6025 Hanley Rd.
Time:
2200 hrs. - 0500 hrs

     DUI Checkpoints - Roadblocks

       
Driving along and rolling up on a DUI checkpoint can be an unnerving experience. On June 14, 1990, the U.S. Supreme Court finally handed down its decision on the constitutionality of DUI roadblocks. In Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990), the Court reversed the state appellate court and held that the checkpoint operation in question did not violate the Fourth Amendment's prohibition against unreasonable searches and seizures.

A DUI checkpoint is an increasingly prevalent practice used to detect drivers that are driving impaired.  The “checkpoints” seem to a have minimal effect as a deterrent in helping to eliminate impaired driving (see page 10) and result in very few DUI arrest.  Typically the checkpoint officers will ask for your license, insurance and vehicle registration. Every DUI arrest report that I have read state the same symptoms for probable cause of impairment, as if they are all copied from the same form.  The typical signs of impairment during the officer’s initial investigate questions are; the driver fumbled for his license, had bloodshotglassy yes, had slurred speech and had a slight odor of alcohol on his breath.  Based on these observations, the driver will be asked to exit the vehicle and perform field sobriety tests at the scene using abnormal functions to test your normal capabilities, resulting in most suspects having two or more clues of impairment, which means you failed. This gives the officer probable cause to place the driver under arrest for suspicion of DUI and request that the driver submit to a breath test per “IMPLIED CONSENT” Florida Statute 316.1932 (1)(a)1.a.  

This stop can be a valuable learning experience or it can become a huge financial nightmare, it all depends on your ability to "listen to instructions and preform the FST's as instructed"" and the officer’s professionalism and courtesy. 

Click here for the National College of DUI Defense's (NCDD) explanation of why the scoring of FST's are skewed and slanted for you to fail. 

Click here for the National Association of Criminal Defense Lawyers report on "The psychometrics and science of standardized field sobriety tests".

I have worked several DUI checkpoints and in the sections below I will rate the DUI checkpoints on a scale from 1 to 10 with 1 being the lowest score and 10 being the highest score. 

The HGN Test and the Field Sobriety Test (FST) ratings are based on:
1. Did the officer give the instructions per National Highway Traffic and Safety Association (NHTSA) guidelines?
2.  Did the officer demonstrate how the FST's were to be done?
3.  Were the instructions given in a manner and tone that helped to reduce the stress or nervousness usually experienced by persons suspected of DUI?
4.  Did the officer take into consideration age, weight or medical conditions? 
5.  Was there sufficient light and was area of the test flat, dry and free of debris? 
6.  Did the officer conduct the HGN Test per NHSTA guidelines? 
                                                                     
                                                        

         

             Drink Responsibly - Drive Responsibly - Drive Safe - Arrive Safe 

                                                  Pinellas County Sheriff's Office 
                                                         Sobriety Checkpoints 
                                                      January 18-19, 2008 
  

 1.    Pinellas Preparatory Academy             2.    BADCOCK Home Furnishing Center
           2300 S. Belcher Road #100                                
900 Missouri Ave N
         Largo, FL 33771                                             Largo, FL 33770
    
         8:00 - 11:00 pm                                              12:00 midnight - 3:30 am
                

The Pinellas County Sheriff’s Office  operated two DUI Sobriety Checkpoints on the night of January 18, 2008 supervised by Lt. Bryan Gavin, Sgt. Michael S. Peasley II and Corporal Randy J. Ream. I called the Pinellas County Sheriff’s Office to inquire about the checkpoints and who would be in charge.  I was told Sgt. Michael S. Peasley II would be the supervising officer in charge. This would be my first Pinellas County DUI checkpoint so I wondered if I should try to get permission first from the supervising officer[s] in charge or just go there and put the supervisor[s] on the spot and wait for the inevitable confrontation of law enforcement vs. DUIundo.com.  I decided to ask a couple of DUI attorney’s that work the Pinellas County Courthouse who had personal knowledge of Sgt. Peasley and his demeanor.  I was told by a couple of the attorney’s that he could be hot tempered or have a short fuse.  They recommended that I just show up instead of giving him advance warning of my intentions.  Well, I decided to just take a chance, show up and put him on the spot. 

I arrived at the 1st checkpoint; the Badcock Home Furniture & More in Largo, Florida around 8:10 pm and the checkpoint was fully engaged.  I immediately located Sgt. Peasley and introduced myself and explained my purpose for being there and my job at DUI checkpoints.  I explained that I wasn’t there to get impaired or drunk people off, (the one’s failing down drunk, blowing .120, .150, .200…)  I was there to help people that get caught in the grey areas of our DUI laws and to observe his officers performing their duties. I informed Sgt. Peasley that I usually videotape the different procedures and areas of operation; i.e. the entrance, the stops, the HGN Test, FST, the 20 minute observation periods, the BAT mobile (Breath Alcohol Testing),  the walk of shame to the transport van that takes impaired drivers to jail, and the tow-trucks hooking up the DUI suspects cars.  I also explained to Sgt Peasley that I watch to make sure the HGN test are being conducted properly (height ,distinct and sweeping motion [time]of object) and listen to see if the FST instructions are given properly (verbal instructions and a partial demonstration by officer administering the FST's to the persons suspected of DUI).  

I kinda felt that Sgt. Peasley was apprehensive at first, but he did give me permission to be inside of  'his'checkpoints.  WOW, I sure wasn’t expecting Sgt. Peasley to be accommodating, but he was extremely professional and courteous.  Looking back, I think that the attorneys I spoke with probably had contact with Sgt. Peasley only in the courtroom (after someone got a DUI), and maybe the attorneys opinions were taken from the arena of DUI justice where it’s Law Enforcement v. Gladiators.   I didn’t see a man who was hot tempered or one that had a short fuse.  Maybe their opinion was clouded by Sgt, Peasley's passion for what he does, for what he believes in. There were a couple of incidents that night where Sgt. Peasley and I DID NOT agree upon, however he went above and beyond his duties to not only to see my
side of the disagreement but he offered a compromise to defuse the situation, staying true to Sheriff Jim Coats Mission Statement in maintaining community partnerships. 

I also had the opportunity speak with Lt. Gavin, and Corporal Ream about the operational procedures of the checkpoint and both men exhibited the same professional demeanor and courtesy. This checkpoint was operational from 8:00 pm till 11:00 pm., then this group of professionals worked like a fine military machine, everything was broken down and moved to the second location @ Pinellas Preparatory Academy on Belcher Road in Largo Florida. It was amazing to see this finely tuned DUI checkpoint machine break down every piece of equipment, move 10 minutes away and set up in less than 1 hour.  This was an extremely efficient operation which is a reflection on through organization, planning and teamwork.  The men and women of PCSO don't mess around.

Sheriff Jim Coats and the officers under his command are to be commended on their professionalism, expertise and their ability to engage the community in helping fight the fight to remove impaired drivers from Florida’s roadways.  It's obvious that the men and women of the Pinellas County Sheriff’s Office are committed to the core values of the PCSO Mission Statement:

    Enhancing the quality of life for all people through innovation, technology and community partnerships.

I want to compliment Lt. Bryan Gavin, Corporal Randy J. Ream , Sgt. Michael S. Peasley II and the men and women under their command for a job well done that night and thank them for letting DUIundo.com be a part of the solution to help eliminate impaired drivers.  Pinellas County Sheriff’s Office is another fine group of dedicated professionals who help make our roadways and neighborhoods safer.  I would like express special thanks Sgt. Peasely for allowing me the opportunity to work 'his' checkpoints. 

Finally, I want to make it clear that I believe in arresting people for driving impaired (DUI) and I hope that every LEO understands and appreciates my passion in helping someone prove their innocence, just as I appreciate their jobs and everything they do. The better I do my job = the better law enforcement HAS TO DO their job.  A community committed in working together is a catalyst for a better understanding of each other’s jobs and the result of that community effort is a golden opportunity for opposite sides to join together and work toward achieving the same goals; removing the grey areas of our DUI laws by improving our DUI arrest policy and procedures and eliminating problems in non-evasive testing procedures thereby narrowing that litigious window that puts some impaired drivers back on the road.  Together we can make a difference.  Any team can win a World Series, Stanley Cup or Super Bowl, but it takes a commitment from both sides of the community to solve a social problem like drinking and driving.  

                                                                                                                                      Me getting dirty at HOME

 I’ll see you at the next checkpoint… somewhere around St. Patty’s Day.

The 1st checkpoint at Missouri Ave went from 8:00 – 11:00 pm and the 2nd checkpoint went from 12:00 midnight to 3:30 a.m. I will only be giving one rating for both checkpoints since they were both under the supervision of Sgt. Peasley.

                                          Pinellas County Sheriff's Office 
                                          Sobrierty Checkpoints 
                                                      January 18-19, 2008 

Scoring:  
The Good = 8-10; The Bad = 4-7; The Ugly = 1-3. *Ratings are rounded to the nearest .5

Category                                Score

Professionalism                          10+
Courtesy & Respect                  10+
HGN Test                                    7
Field Sobriety Test                      8

Efficiency                                    10+
 
Overall Checkpoint Rating   9.5*

*****  Legal clarification on my opinion:
  The opinions stated about checkpoints are an overall opinion and not case specific.  Ratings are from overall impressions, not each and every DUI was observed .
*
The reason the FST scores were an [8] is that, at the first stop some of the testing officers failed to demonstrate the ‘some’ of the FST’s and the line for the Walk and Turn ended going into the corner of the pillars of the building where the test were being performed.  Also, lighting for the FST area was only from the squad cars headlights which in my opinion could cause problems for the person tested.  I cannot understand why PSCO didn’t have that area lit up with overhead lighting.  In my opinion,* overhead lighting would help make a stressful situation much less stressful.  I mean let’s face it, the first time most people ever perform any type of FST test is when they get stopped for probable cause/suspected of DUI.  Also notice the patrol cars headlights were on in the testing area on the right side of the video and not on in the left area of the video. Click Here for video:

The reason I gave PSCO an [8] in the HGN testing is that I noticed on more than one occasion the sweeping motion was entirely way too fast. 

In closing, the men and women of the Pinellas County Sheriff’s Office(PSCO) are extremely professional, proficient in their duties and operated their checkpoints with extreme efficiency.  Word to the drinkers out there, “Drink responsibly-Drive Responsible", if you don’t the men and women of PSCO don’t miss a beat. 

WARNING:   

PCSO WILL CATCH YOU IF YOU ARE DRIVING IMPAIRED. 
Click Here: Drinking and Driving = $10,000.00
Waiting till you get home = Smart


Oh YEAH, IF YOU ARE DRIVING WITH ILLEGAL DRUGS IN YOUR CAR AND GO THROUGH A PCSO CHECKPOINT, DON’T WORRY ABOUT THE MEN AND WOMEN WITH THE BADGE, WORRY ABOUT THAT LITTLE CANINE OFFICER (
A Heinz 57 breed THAT DOG HAS ONE OF THE BEST NOSES AROUND, HE LOVES FINDING DRUGS IN SOMEONE’S CAR.  

Click on the Photo Album Below to Enlarge and Set Speed to Fast

The Good---

Pasco County Sheriff's Office


I have worked several DUI checkpoints with the Pasco County Sheriff's Office (PSCO) that were supervised by Sgt. Art Rowand with the last being December 28, 2007.   Sgt. Rowand is a true law enforcement professional and he understands that the better I do my job, the better PSCO has to do their job and the end result, or the big picture is that our combined efforts result in less impaired drivers on our roadways. 

Sgt. Rowand and the Deputies  under his supervision are some of the most professional, courteous, polite, fair and respectful  Law Enforcement Officers I have ever encountered.  The PCSO Deputy’s are extremely efficient while performing their duties and their courteous demeanor tends to take the stress out of a stressful situation for anyone who happens to pass through one of their checkpoints.

The PSCO, Sgt. Art Rowand and the Deputy's under his command should be commended for their expertise and professionalism in helping to  stop impaired driving.    


 Category                                Score

Professionalism                          10
Courtesy & Respect                    10
HGN Test                                      9
Field Sobriety Test                      10

Efficiency                                    10
 
Overall Checkpoint Rating       10

Watch Video's from The Pasco DUI Checkpoint
Click on Video link to watch:
Video # 1 : HGN Test
Video # 2: Alcohol and Marijuana
Video # 3:  Jake Young gets LUCKY

The Bad & the Ugly---

Hernando County Sheriff's Office

I worked my 1st DUI checkpoint with Hernado County Sheriff's Office on December 28, 2007 located 1/4 mile down the street from the PCSO location on County Line Road.  The difference between the two locations was night and day.  Sgt. Matt Lillibridge was in charge and told me that I had to stand behind the BAT mobile (Breath Alcohol Testing Mobile Unit) and a HCSO squad car, basically out of sight.  Sgt. Lillibridge told me that I would NEVER EVER be permitted into one of "his" HCSO DUI checkpoints because I was anti-DUI.  I explained that I was not anti-DUI, and that my mission was to help those people caught in the gray areas of our DUI laws.  I explained to Sgt. Lillibridge that I was Breath Test Operator certified (BTO) and Agency Inspector certified (AGI) by FDLE and how inaccurate the Intoxilyzer 8000's are. I asked if he was BTO or AGI certified?  Sgt. Lillibridge said, "NO". He again stated that I would never ever be allowed to work one at "his" DUI checkpoints.  This confrontation happened after I was observed video taping the Depuites at the scene giving FST instructions to drivers suspected of driving impaired. FST's (field sobriety Test, i.e. 9 steps, one leg stand) 

I didn't have an attitude with Sgt. Lillibridge so I could not understand why he seemed to have such a pompous LEO attitude with me. Sgt. Lillibridge's pompous attitude and demeanor are the kind of characteristics that fester negative public perceptions about all law enforcement officers being arrogant and condescending.


This checkpoint is by far the worst checkpoint I have ever witnessed or attempted to work.

 Category                                Score

Professionalism                          7
Courtesy & Respect                    1
HGN Test                                     2
Field Sobriety Test                       2

Efficiency                                     2
 
Overall Checkpoint Rating        3

Watch Video's from the Hernando DUI Checkpoint.  Click on Video link to watch:
Video # 1 : HGN Test and FST's

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