City Of Austin DWI Enforcement
Team
Creating a DWI Unit
Distinguishing Features
Creating a special-purpose unit within a large law enforcement agency can be difficult and time-consuming.
Political and institutional barriers and the inertia of traditional approaches can defeat even the best of
intentions. The Austin approach is distinguished by an innovative policy intended to ensure that new officers are
skilled in all aspects of DWI enforcement. This description of the process by which the Austin Police
Department planned, implemented, and now is perfecting, a dedicated DWI Unit provides useful advice to the managers
of law enforcement agencies who are contemplating similar initiatives.
Setting
The City of Austin is located on the banks of the Colorado River at the eastern edge of the Texas Hill Country, at
approximately the geographic center of the State. San Antonio is to the south, Dallas and Fort Worth are to the
north, and Houston is to the east. The City of Austin encompasses 238 square miles and includes portions of
Travis and Williams Counties; two of the seven Highland Lakes are located within the city limits. Austin is home
to more than 674,000 residents, with approximately one million people living in the Austin metropolitan area.
Austin is the site of the main campus of the University of Texas, with more than 50,000 students and 21,000 faculty
and staff. In addition to serving as the political capital of the State, Austin is recognized as the intellectual,
cultural and entertainment center of the region, and home to a diverse music community with a tradition of live
performances and active nightlife at the many bars, restaurants, and music clubs in the city.
Background / Planning Process
Prior to 1998, all traffic enforcement by the Austin Police Department (APD) was conducted by general patrol
officers, but only when they were not busy responding to calls for service. Concerned about increasing numbers of
alcohol-involved crashes in the city, the chief ordered development of an operations plan in January 1998 that led
immediately to the formation of a DWI Task Force. The primary goal of the task force was to reduce the number of
alcohol-related fatalities in 1998 by 15 percent from the previous year’s total. The principal method would be for
task force officers to focus their patrol effort almost exclusively on DWI enforcement and to assist non-specialist
patrol officers by relieving them of the DWI processing and arrest procedures. A schedule was established that
assigned officers to the task force from their normal duties in the various divisions, with division commanders
determining the individual assignments.
Special enforcement by the DWI Task Force was conducted daily from 10 a.m. to 4 a.m. hours, with two teams of two
officers deployed on Sundays through Wednesdays and four two-officer teams on Thursdays through Saturdays. Saturday
deployments were augmented by five officers from the department’s DWI Selective Enforcement Program (STEP); the
STEP officers were not required to operate in pairs. The numbers of officers and hours of operation varied slightly
during the initial seven-month special enforcement program.
Task force officers focused on the enforcement of impaired driving laws, but also were encouraged to make enforcement
stops for the full range of traffic offenses. The officers were expected to process their own DWI arrests and to
relieve general patrol officers of the processing tasks by either driving to the scene of the arrest or arranging to
meet the patrol officers at the police station. Patrol officers completed the written supplement to the incident
report, which provided a description of the probable cause for the originating enforcement stop. The patrol officers
also were responsible for administering the tests necessary for a DWI arrest before handing off the process
to a task force officer. DWI Task Force officers then completed the incident reports, affidavits, and booking
sheets for the patrol officers’ arrests. Task force officers also completed nightly activity reports to which
they attached copies of their dispatch sheets. A supervising lieutenant analyzed the reports to calculate
the time required to process arrests.
The DWI Task Force operations familiarized many Austin PD officers with DWI assessment and arrest procedures. As a
consequence of this exposure, many general patrol officers developed the skills and confidence necessary to make and
process their own DWI arrests, without assistance from the task force’s DWI specialists. The combination of formal
and on-the-job training resulted in general patrol officers being responsible for handling 75 percent of the
Austin Police Department’s DWI arrests.
A special DWI Enforcement Unit was formed in September 1998 as a permanent replacement for the DWI Task Force and
operates under the direction of the Traffic Administration Section of the Austin Police Department. The purpose of
the new unit was (and remains) to increase the levels of effort and professionalism of DWI enforcement, to reduce
the incidence of alcohol-involved crashes, and to send a clear message to motorists that impaired driving is not
tolerated in Austin. The DWI Enforcement Unit was composed initially of eight specially trained officers and one
sergeant.
Special Enforcement Methods
 |
The DWI Enforcement Unit continues the practice of frequent, sustained, highly visible, impaired driving
patrols that was established by the task force during its seven months of operation in 1998. The Unit devotes the
first two days of each week to conducting what is called an “Impact Initiative,” during which all members of the
DWI Unit deploy to the same APD Area |
Command to search for and arrest DWI violators, and to deter others from driving
while impaired by their high-visibility enforcement. The officers of the DWI Unit deploy citywide during the
remainder of the week when not conducting an Impact Initiative for a specific Area Command. The special
unit’s vehicles are equipped with window-mounted video cameras and the words “DWI Enforcement” are conspicuously
displayed to elevate public awareness of the special enforcement effort. The curriculum of the Austin Police Academy includes
NHTSA’s DWI Detection and Standardized Field Sobriety Test (SFST) course. However, the task force’s success in
providing general patrol officers with operational experience with DWI enforcement procedures has led to an
innovative approach to teach DWI enforcement skills to novice officers. That is, the Austin Police Department
implemented a policy in 2002 that requires all new officers entering the force to train with the DWI
Enforcement Unit for two weeks during their probationary periods. The first day of the special training consists of
the eight-hour SFST Update Class, which is taught by the four SFST Instructors who are members of the DWI Unit.
After completion of the SFST Update Class, probationary officers accompany officers of the DWI Unit on patrol. The
intention is to improve the novice officers’ detection and testing skills under operational conditions while coached
by an expert. When probationary officers have demonstrated proficiency to the satisfaction of their mentors, they are
permitted to patrol on their own and conduct DWI enforcement under the supervision of DWI officers for the
remainder of the temporary assignments. This policy ensures that all new recruits to the Austin Police
Department understand the importance of DWI enforcement and possess the skills and knowledge necessary to perform
the associated tasks. It is likely that the experience gained during their two-weeks with the DWI Unit will
benefit the new officers, the department, and the citizens of Austin for the durations of the officers’ careers.
Frequency of Operations / Duration of Program
The Austin Police Department’s DWI Enforcement Unit has conducted patrols dedicated to DWI enforcement as routine,
standard operating procedure since the unit was formed in September of 1998. Normal duty hours are 10 p.m. to 6
a.m., with schedules modified during holiday weekends and special events to increase the level of enforcement effort
in response to predicted increases in impaired driving, based on historical patterns of behavior. Impact
Initiatives are conducted from 10 p.m. until 4 a.m. hours.
Participation
The DWI patrols are conducted by officers of the Austin Police Department’s DWI Enforcement Unit, which presently
consists of nine officers, one corporal, and one sergeant. All personnel assigned to the unit have received formal
training in on-the-road DWI detection and SFST administration and scoring. Also, all members of this
special unit are required to attend annual SFST Update classes, a further indication of the APD’s commitment to
reducing the incidence of alcohol-involved crashes by ensuring uniformly high skills and abilities, and
fostering professionalism, motivation, and pride among the department’s DWI enforcement specialists. Every officer is
a certified Intoxilyzer operator, seven are certified drug recognition experts (DREs), and four are NHTSA-certified
SFST Instructors.
Public Awareness / Program Visibility
 |
The Austin Police Department’s DWI Unit recently acquired a late-model special transit service bus from the local
transit district and converted it to serve as a command vehicle, using funds also provided by the transit
district. The bus is equipped with an Intoxilyzer 5000, a report writing area, and video taping capabilities. The
command vehicle is used during all high visibility impaired-driving enforcement |
operations, including the weekly impact Initiatives, holiday mobilizations, and
special events.
The vehicle increases public awareness of the special enforcement activities, facilitates the
processing of DWI arrests, and reduces DWI processing time for arresting officers.
 |
Beginning in 2001, the APD has conducted “Operation Summer Heat” in addition to the routinely deployed DWI patrols.
This special enforcement program runs from June through August and triples the number of officers on the street
who are enforcing impaired and aggressive driving laws. Redirecting officers from their normal assignments to
traffic enforcement duty provides further evidence of the department’s commitment to DWI enforcement. |
The Austin Police Department received a commendation from MADD for
the agency’s performance during the annual “Operation Summer Heat.”
The Austin Police Department has not yet developed a publicity campaign to support the special DWI enforcement
program, nor has the DWI Unit established community partnerships to help elevate public awareness. However,
the department has obtained substantial coverage of its periodic press conferences concerning the DWI Unit’s
special enforcement activities and in response to high profile arrests.
Funding
The DWI Enforcement Unit is funded as a normal Austin Police Department budget item, augmented by grants, when
possible.
Lessons Learned
The principal lessons derived from the experiences of the Austin Police Department are presented in three
categories. The first concerns some of the obstacles that were encountered and the actions taken in response,
followed by a discussion of the features that are believed to contribute to the success of the APD’s efforts.
Specific suggestions from the officers who created the Austin Police Department’s DWI Unit are presented third.
Obstacles
Too much time is consumed by court appearances.
The exclusive daytime scheduling of court appearances for DWI and Administrative License Revocation ( ALR) cases
results in a considerable burden for officers who work the night shifts required by DWI enforcement duty. The
inconvenience and the effects on officers’ sleep schedules are frequently mentioned as reasons for avoiding
assignments with the DWI Unit. Also, the durations of the court appearances seem excessive to officers and
contribute to their sleep deficits. For example, it is reported that most ALR judges allow even simple hearings
to become mini-trials that take as long as 90 minutes. In response to this problem, the managers and officers of the
DWI Unit have requested establishment of a night court for DWI and ALR cases.
Prosecutors and judges were unfamiliar with roadside assessment procedures.
It became apparent that many prosecutors and judges did not understand the purpose of NHTSA’s SFST battery and
were unfamiliar with the procedures, scientific background, and related legal issues. The prosecutors have
limited time and opportunity to remain informed of issues, such as the SFSTs, and the judges often find
themselves having to make decisions based on the facts presented by the prosecutors and the obfuscation offered
by defense attorneys.
In response to this problem, officers of the DWI Unit organized a training session to provide information about
the SFSTs and DWI detection techniques to municipal court judges and prosecutors. The training was conducted in a
classroom environment, away from the chess game of the witness stand, and provided hands-on experience similar to
the training that officers receive. The session increased judicial understanding of SFST procedures and educated
prosecutors and judges concerning the scientific and legal issues.
New recruits lacked confidence regarding DWI enforcement.
Police cadets received instruction in DWI detection techniques and administration of the SFSTs at the Austin
Police Academy. However, it was found that many new officers had lost the essential skills and knowledge
learned at the academy and lacked confidence in their DWI enforcement abilities by the time they received their
first patrol assignments. The policy of requiring all new officers to serve a two-week tour of duty with the DWI
Unit was implemented to provide the refresher training and supervised on-the-job experience necessary to create
competence under operational conditions. The positive comments of defense attorneys concerning the abilities of
rookie officers who have completed their tours with the DWI Unit provide anecdotal evidence of the policy’s merit.
Prosecution is difficult when a DWI suspect refuses all chemical tests.
In Austin, the probability of a successful prosecution of a DWI case is diminished when the suspect refuses to
provide any form of chemical sample for analysis of BAC. Many law enforcement agencies have worked with their local
judicial personnel to establish procedures for obtaining the warrants necessary to forcibly draw blood when a
motorist refuses to provide a breath sample. Austin Police Department managers intend to meet with a committee of
local judges to begin working on a plan for obtaining search warrants to allow the forcible drawing of a blood
sample when a person who has been arrested for DWI refuses all chemical tests.
Also, the Texas Transportation Code prohibits paramedics from drawing blood for the purpose of blood alcohol or
drug analysis, even with the consent of the person arrested. Officers of the DWI unit have submitted
legislation that would allow paramedics to draw blood upon consent of the arrested person or at the direction of a
search warrant.
Program Strengths
The primary strength of the Austin Police Department’s efforts are attributable to having a special unit of
officers dedicated to DWI enforcement. This practice allows those officers to increase their detection and
roadside assessment skills and to become more confident in their abilities. As a consequence, officers who serve in
the DWI Unit are more likely to interpret SFST results in strict adherence to the NHTSA guidelines and to make
correct arrests decisions that other officers might not make, especially in borderline cases. Officers of the DWI
Unit also become familiar with the judicial process and comfortable providing testimony in court. DWI Unit
officers testify frequently and from this experience learn which aspects of the arrest process that defense attorneys
are likely to challenge. The officers convey this information to their colleagues and adjust the established
operating procedures, when necessary. Additional strengths are summarized below.
Managers of the Austin Police Department have been very supportive of the DWI Unit, especially by providing
training opportunities. The support has benefited the department by (1) improving the performance of individual
officer’s in the detection and assessment of impaired drivers; (2) allowing DWI Unit officers to assist other
officers in the department to improve their skills; (3) increasing the level of professionalism of the force; and
(4) enhancing the credibility of officers’ testimony in court. |
|
Currently, the Austin PD’s DWI Unit uses patrol cars configured specifically for DWI/DUI Enforcement. Officers
believe that the public can become desensitized to the sight of a police car; however, the DWI Enforcement decals
on the special unit’s vehicles distinguish their patrols from all others, elevate awareness of the unit’s
activities, and sometimes provide opportunities for pleasant interactions. Officers of the DWI Unit report
seeing drivers at intersections mouth “DWI Enforcement” as they read the decals on the patrol cars and many citizens
have made positive comments to the officers concerning their special duty. The officers believe that the
distinctive lettering on their vehicles contributes immensely to the successful performance of their mission. |
|
The DWI Unit’s DREs expand the APD’s abilities to detect drivers whose performance is impaired by substances other
than alcohol, including recreational drugs and prescribed medication. The unit’s DREs also help educate the public
and other officers concerning the performance-degrading effects of specific drugs and of drugs and medications
when taken in combination with alcohol. |
 |
|
Officers of the DWI Unit occasionally borrow unmarked vehicles from other units to augment their regular, high
visibility DWI patrols. Similarly outfitted unmarked patrol cars are on order for use by the DWI Enforcement
Unit. The new patrol vehicles will be equipped with moving radar and digital video systems to provide additional
capabilities. Suggestions From the Program Organizers |
Judicial Issues
Work with prosecutors and judges. Advise them that their DWI case loads will increase dramatically as a result of a
special enforcement program. After that, educate the judicial personnel about impaired driving issues and the
enforcement effort. Begin with information about the SFSTs and DWI detection, then move to discussion of other drugs
and medications that impair driving.
SFSTs and DWI Detection
The NHTSA’s DWI Detection guidelines and the SFSTs must be the central components of the DWI enforcement program. The
agency’s managers must support the use of the SFST battery to help officers make roadside arrest decisions. Like many
members of the public and judicial personnel, law enforcement managers might not fully understand the
systematic procedures that have been developed by NHTSA. Some judicial personnel and law enforcement managers will
require education concerning alcohol and other drugs that impair driving performance.
Training
Officers selected for special duty with a DWI unit must be willing to seek continuing education and training to
preserve their understanding of procedures and case law regarding DWI detection and the SFSTs. A well-trained and
disciplined DWI unit will quickly earn a reputation for professionalism and reliability among judges,
prosecutors, and even defense attorneys.
Officer Motivation
Managers of the Austin Police Department allow the members of the DWI Enforcement Unit to use their patrol vehicles
for transportation between shifts. This unusual privilege recognizes the importance of the officers’ special duty,
mitigates the burden imposed by lengthy and inconvenient court appearances, and contributes to general awareness of
the special enforcement program by exposing the public to patrol vehicles announcing “DWI Enforcement” during
daylight hours.
Evidence of Program Effects
A recent NHTSA study of the Austin Police Department’s DWI Unit found that the number of DWI arrests made by the
department doubled as a consequence of the reassignment of general patrol personnel and the command emphasis on
impaired driving enforcement. The authors of the report also suggest that the 25 percent decrease in
alcohol-involved fatal crashes in Austin between 1997 and 2001, and the 10 percent increase in the conviction rate
during the same period are attributable to the special enforcement efforts of the APD’s DWI Unit.
| Changes
Attributed to DWI Unit Between 1998 and 2001 |
| DWI Arrests |
+100% |
| Drivers in Fatal Alcohol-Involved Crashes |
-25% |
| DWI Conviction Rate |
+10% |
Source: Wiliszowski, C.W. and Jones, R.K, Evaluation of the Austin Police Department DWI
Enforcement Unit, National Highway Traffic Safety Administration, Washington, DC, DOT-HS-809-641, 2003.
Click here for the full report provided by the National
Highway Safety Administration (NHTSA) |
