Impaired Driving is intimidating when it is not a part of your regular investigative routine. Statutory law is fairly straight forward on impaired, but common law has confused the legal issues. As a result there are regional differences in the way impaired cases are handled. Judges don’t There are legal definitions that have a unique interpretations, as they apply to impaired investigations. There are few other Criminal Code charges that involve the huge number legal technicalities encountered during these investigations.
Regardless, if you break the investigation into logical steps, the task is not as overwhelming as it might first appear. This is an attempt to simplify the steps and identify the key elements, and issues in a way that will not intimidate the investigators and prevent them from tackling these difficult cases.
Step 1 - Put the Driver behind the Wheel
The basic impaired driving investigation will typically start as the result of a
- Call to 911
- Road Block
- Officer Observations
In these cases there will be no particular difficulty in placing the driver behind the wheel of the car. The officers observations will clearly place the driver in control of the car. Taking notes regarding the drivers description as per usual will suffice.
In the “Beyond the Basics” tab below there are links to info regarding more difficult cases where placing the accused behind the wheel is legally challenging.
Step 2 - Form the Opinion
Content here will explore legal issues in regards to suspicion and belief, arrest and detention
Step 3 - Make the Demand
Content here will explore demands for ASD or instrument
Step 4 - Take the Sample
Legal issues with taking the sample
Step 5 - Release the Accused
Issues with releasing
Step 6 - Write the Report
General Info for the report here
Beyond The Basics
Identity of the Driver (Putting the Driver behind the Wheel)
Refusals
Motor Vehicle Accidents
Care and Control