What do you get when cops investigate and arrest other cops? If it involves a DWI arrest, the New Jersey Attorney General Last Drink DWI Directive 2007-2 will come into play, as with any other DWI arrest. Last weekend, Ventnor City cops arrested a veteran Atlantic City cop for alleged driving under the influence and reckless driving. The A.C. cop was allegedly driving a gold 2004 Hyundai when he allegedly rear-ended another vehicle. The alleged collision occurred at a stop light near the Ventnor City-Atlantic City border. News reports claim the A.C. cop smelled of alcohol, had bloodshot eyes, and exhibited difficulty walking and standing. Additionally, news reports indicate the A.C. cop failed all his standardized field sobriety tests. But the NJ dot com report did not reveal how the Ventnor cop instructed and demonstrated how to perform the tests. Likewise, the report did not reveal how the A.C. cop allegedly performed on the tests.
Nevertheless, the report indicates he gave the Ventnor cops incriminating statements. For example, the A.C. cop allegedly stated, “I’m messed up, your [sic] gonna lock me up.” Moreover, he allegedly blew a .13 on the Alcotest back at the station. But the report did not go into details about any of the Alcotest’s foundational documents. Nevertheless, the reporting officer described the A.C. cop as “cooperative,” “polite,” and “calm.”
A defendant controls the right to remain silent. That is it. This post will cover some of the questions the police will try to ask when processing an individual charged with DWI back at the station. The New Jersey Attorney General Last Drink DWI Directive 2007-2 sets forth some of these procedures.
N.J. A.G. Last Drink DWI Directive 2007-2
The New Jersey Attorney General Last Drink DWI Directive 2007-2 requires arresting officers to follow specific protocols when processing an individual. The protocols not only incriminate the suspect but also spell out how to get the suspect to spill the beans about where they drank. In addition to using the answers to prosecute the individual, the government also uses this information to go after businesses licensed to sell and serve alcholic beverages. Thus, the cops work with the New Jersey Division of Alcoholic Beverage Control to shut down private businesses. A summary of the protocols appear here.
Protocol 1
When processing a suspected DWI suspect, all law enforcement officers must complete a Drinking Driver/Operator Questionnaire, or similar form created by the officer’s department. Before beginning, the officer must advise the subject of his / her Miranda rights. Upon receiving a waiver of those rights, the officer will ask the subject a series of questions. These questions include, but are not limited to:
- What kind of alcoholic drinks have you had?
- How many?
- Where?
Protocol 2
Whenever a subject indicates that he/she consumed alcoholic beverages at a location other than a private residence or public property, the arresting officer should ask additional questions to determine if the location was a commercial establishment (i.e. a bar, nightclub, restaurant). The officer also must record the location, including street name and municipality, as described by the subject.
Protocol 3
Whenever a law enforcement officer obtains the information outlined in step two, he/she shall also complete a Division of Alcoholic Beverage Control form LD-1 – Driving While Impaired-Last Drink Location Report. The officer must report the following information:
- State Police barracks or police department name,
- Municipal code for the location of the arrest,
- Arresting agency’s case number,
- A notation if the arrest resulted from a motor vehicle accident investigation,
- A notation if the motor vehicle accident involved serious injury or death,
- The sex of the subject,
- The age of the subject,
- The Blood Alcohol Content (B.A.C.) of the subject as determined by testing,
- The name of the place where the subject stated he/she consumed their last drink,
- The street address as described by the subject, and
- The municipality as described by the subject.
Protocol 4
Within two business days, the officer must transmit the completed form LD-1 to the Division of Alcoholic Beverage Control. The Director of the Division may designate the mode of transmission, either fax or other more efficient and cost effective method.
Protocol 5
The Director of the Division of Alcoholic Beverage Control maintains and updates an electronic database of the information reported by law enforcement agencies on the form LD-1. The information shall be only used as intelligence lead information and as such may only be used by and disseminated to the Division of Alcoholic Beverage Control and/or any other law enforcement agency. Twenty-five months after the recorded date of the arrest, the Division is supposed to purge it from the database.
Protocol 6
The Division of Alcoholic Beverage Control must use the information for all investigative purposes the Director deems appropriate, including but not limited to identifying licensed establishments to investigate for violations.
Protocol 7
Any law enforcement agency may use the information as intelligence lead information for either the enforcement of the State’s Alcoholic Beverage Control Administrative Code or the enforcement of New Jersey Statute § 39:4-50, et seq.
Protocol 8
The Attorney General may issue and periodically revise the information reported by law enforcement agencies to the Division of Alcoholic Beverage Control regarding enforcement of New Jersey Statute § 39:4-50, et seq.