Our office has been requested to institute guidelines for local law-enforcement departments. Specifically, we have been asked to determine when officers should arrest for DWLI, as opposed to just write a ticket.

I am just looking to see if anyone can provide a little guidance and/or know how such departments make these determinations in your jurisediction?

It's my first time posting here - and I'd appreciate any help. Thanks in advance!

The answer to your problem is quite simple:

FOLLOW THE LAW!

If the suspension is the result of an 1)INTOXICATION OFFENSE, 2)there is a prior conviction for DWLI/DWLS,or they are 3)currently suspended and have no liability insurance and lastly, 4)currently suspended, no liability insurance and cause a crash with serious bodily injury they go to jail. #'s 1 thru 3 are all Class B Misdemeanors and #4 is a Class A misdemeanor and, therefore, all of them should go to jail. Any other suspension, cancellation, revocation or denial is a Class C Misdeameanor and a ticket should be issued.

You might also keep in mind that Violation of an Occupational License is still a Class B Misdemeanor as is failure to have a Ignition Interlock Device on a vehicle when required....that includes a motorcycle. We are seeing lots of folks who are required to have an ignition interlock device trying to bypass the requirement by riding a motorcycle.

Yes, I am aware that the law allows for cite and release on DWLI but that law (BS that it is) was also made before DWLI was emasculated to its current state. If someone falls under one of the first four categories listed above they have no business driving away with a ticket and a promise to appear....obviously, they learned nothing from their last night in the gray bar motel and need a return trip. As I tell officers when I teach DWLI classes for law enforcement...Drivers who fall under the DWLI Statute only understand two things.... MONEY and HANDCUFFS....take one or give them the other.

P.S. E-mail me and I will send you a cheat sheet for your officers to use.

The advice is excellent - if you have the staff for it. Many rural (one attorney) offices are again reaching the saturation point with a self-perpetuating offense. When you convict on a "B" DWLI, the surcharge hits $250/year, in addition to the initial problem. For minimum wage workers, farm workers and the like, they often don't have insurance because of the cost. They can't get to work without driving because we don't have mass transit, and many of the jobs are out in the county. Add to that the fact that the officers know who has a license and who doesn't, and before long you could spend your career on these cases.

I have asked my officers to use some discretion; I can't handle all of them.

Lisa L. Peterson
Nolan County Attorney