Nashville's DUI Officers

Nashville has an elite, highly trained group of officers, dedicated solely to tracking down and catching Drunk Drivers. Currently, there are 8 officers and 1 sergeant in the DUI Enforcement Unit of the Metropolitan police force. These officers are involved with the most critical technical aspects in most of Nashville’s DUI cases. Highly-trained and working exclusively on DUI cases, collectively they handle hundreds of arrests each month. They have extensive experience arresting, prosecuting and testifying in proceedings against persons accused of Driving Under the Influence.

I had the opportunity to spend an evening and early morning riding with one of Nashville’s DUI officers. I was quite impressed with the efforts put forth by these officers to insure their success at trial. In the most critical elements of the DUI arrest, they went far beyond the requirements to make their case.

The critical elements or stages of a DUI arrest include the initial stop and the basis for it, the cues or indications that the suspect is driving impaired, the field sobriety tests, putting the suspect under arrest, and finally the breath/alcohol or blood test. The DUI officer’s squad car is equipped with sophisticated equipment designed to provide solid evidence documenting each phase. They recently installed a Tivo-type device that can go back in time to record incidents that lead to stops for DUI. In all of the arrests which I witnessed, the stop and grounds for the stop were recorded on this type of device. The equipment is set up so that the radar and everything in front of the squad car is clearly shown on tape. This is very compelling evidence, especially before a jury that is prejudiced towards drunk drivers. Every statement made by the suspect as well as his actions and mannerisms are preserved for ultimate viewing by a jury if necessary.

THE STOP
An officer must have a basis or reason to stop a suspected drunk driver. They can not base their stop on the fact that you drove away from a bar or party. In most cases the reason for the stop is speeding. If you are drinking, driving and speeding in the areas around Nashville’s “hot spots” late at night or early in the morning, it is a sure thing that Nashville’s DUI officers are going to catch you. The officer that I rode with said it best, “It’s like shooting fish in a barrel.” A good DUI trap is referred to as a “fishing hole.”

The regulations which direct the actions of DUI officers across the country come from the National Traffic Highway Safety Administration. The NTHSA manual provides those acts listed below which indicate the probability a person is driving while impaired or under the influence. It is this list of acts from which the officer will base the stop in a DUI case. Nashville’s DUI officers are extensively trained to look for the following acts while prowling the streets of Nashville:

Weaving
Problems maintaining proper lane position, weaving, weaving across lane lines, straddling a lane line, swerving, turning with a wide radius, drifting, almost striking a vehicle or other object.

Speed and Braking Problems
Stopping problems (too far, too short, or too jerky), accelerating or decelerating for no apparent reason, varying speed, slow speed (10+ mph under limit).

Vigilance Problems
Driving in opposing lanes or the wrong way on one-way, slow response to traffic signals, slow or failure to respond to officer's signals, stopping in lane for no apparent reason, driving without headlights at night, failure to signal or signal inconsistent with action.

Judgment Problems
Following too closely, improper or unsafe lane change, illegal or improper turn (too fast, jerky, sharp, etc.), driving on other than the designated roadway, stopping inappropriately in response to officer, inappropriate or unusual behavior (throwing, arguing, etc.), appearing to be impaired.

Post Stop Cues
Following the stop, the officer still may not proceed with his DUI investigation unless he has probable cause to believe that the suspect is driving impaired. The NHTSA provides for the officer to observe for the following for indication of intoxication after making a valid stop: difficulty with motor vehicle controls, difficulty exiting the vehicle, fumbling with driver's license or registration, repeating questions or comments, swaying, unsteady, or balance problems, leaning on the vehicle or other object, slurred speech, slow to respond to officer/officer must repeat, provides incorrect information, changes answers, odor of alcoholic beverage from the driver. In nearly every case, it is the odor of alcohol which persuades the officer to proceed.

Field Sobriety and Blood/Alcohol Tests
You have a Constitutional right to refuse to cooperate with the officer in the performance of evidence gathering tests. If you refuse to submit to a Breath/Alcohol test, you automatically lose your license for a year. If you have previously refused to submit to the test, you also face mandatory jail time. I feel very uncomfortable advising anyone as to whether or not they should submit to the tests. Some of the more difficult cases that I have been involved in are those in which the defendant takes someone’s advice and refuses the tests when they are only mildly intoxicated. There have been many cases in Nashville reduced to reckless driving where the defendant was only slightly over the legal limit. If you are substantially over the limit, it is clearly in your best interest to refuse the tests. The less evidence the state has against you, the better the prospects for a negotiated settlement or a successful trial.

Unfortunately, in most cases, the defendant performs the field sobriety tests without even knowing that he has a right to refuse. The officer has no duty to inform the suspect of his rights prior to the arrest. My observations indicated that the officer, upon smelling alcohol, asks the suspect to exit the vehicle and then begins to administer the tests. There is no statement by the officer that the suspect has a choice about performing the Field Sobriety Tests.

If you should decide to exercise your rights and not submit to any tests, remember not to say anything which would hurt your case. On my night out with the DUI officer, after performing miserably on the Field Sobriety Tests, one gentleman refused to take the breath test. After instructing the gentleman of his right to remain silent, the officer inquired as to why he would not submit to the tests. His response was “because I don’t believe I would pass”. Often times the most damaging evidence is the defendant’s own statements. If you have made the decision that you are not going to cooperate, politely tell the officer that you respectfully wish to exercise your rights. It’s that simple. Don’t do anything else, especially anything which would aggravate the officer.