Alcoholic Beverage Case Studies

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INTRODUCTION:

This case involves the suspect being arrested for driving under the influence of alcoholic beverages in violation of CVC 23152(a)-DUI.
LOCATION DESCRIPTION:
This incident occurred on Hill Avenue and Green Street.

INVESTIGATION:

On 04-24-17 at 2145 hours I was monitoring the radio and heard a broadcast of a possible DUI driver in the area of Hill Avenue and Maple Street. The anonymous reporting party observed a white Chevrolet truck with an Arkansas license plate of #779SLG. The reporting party observed the vehicle swerving in and out of lanes. The vehicle was also seen stopping at green. The reporting party last saw the vehicle pull into the 76 Gas Station at the northeast corner of Hill Avenue and Walnut Street.

Upon …show more content…

I believed Ocampo may have been under the influence of an alcoholic beverage. I had Ocampo follow the tip of my finger with his eyes to determine if he had horizontal gaze nystagmus. I saw Ocampo did have horizontal gaze nystagmus and lack of smooth pursuit. I again smelled a strong odor of an alcoholic beverage emitting from Ocampo’s breath as he spoke. I asked Ocampo if he had anything to drink. Ocampo told me that he one glass of wine earlier during the evening at a restaurant, NFD. While at the restaurant, he began drinking the glass of wine on 04-24-17 starting at 2000 hours. Ocampo stated he finished the glass of wine on 04-24-17 at approximately 2100 …show more content…

I demonstrated and explained the test to Ocampo. I instructed Ocampo to use his right leg to begin the test. Ocampo raised his right foot off of the ground and immediately stumbled to his left. Ocampo stated he could not perform the test due to breaking his back in 2007 while riding as a horse jockey. I asked Ocampo why he didn’t tell me about his back injury earlier during the investigation. Ocampo shrugged his shoulders and did not answer my question. I asked Ocampo if he was still riding horses as a jockey. Ocampo stated that he is still a horse jockey and last round on 04-23-17. I terminated the above test for Ocampo’s safety.

The fourth and final test was the Nose Touch. See attached results. Ocampo was swaying approximately two to three inches from side to side during the entire test. I had to remind Ocampo six times to bring his arm back into the starting position once he touched his nose.

Based on Ocampo's objective symptoms of intoxication present and performance of the Standard Field Sobriety Tests, I formed the opinion he was under the influence of alcoholic beverages and was unable to safely operate a motor vehicle. I arrested Ocampo for CVC 23152(a)-Driving under the influence. I advised Ocampo of his obligation to submit to a chemical test. Ocampo understood his choices and agreed to take the breath

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