Procedure
Stimulus positioned within 12-15 inches from Subjects eyes
HGN Testing
4th or subsequent DUI
Felony DUI
What are the SFST's
The Standard Field Sobriety Tests: HGN (VGN), Walk and Turn, One Leg Stand
A person under 21 years of age commits the offense of possession of an intoxicating substance if the person knowingly consumes or has in the person's possession an intoxicating substance.
45-5-624. Possession of or unlawful attempt to purchase intoxicating substance -- interference with sentence or court order.
What are driving clues that show impairment that are not driving violations?
Ex: Weaving within lane, decreased speed, etc
20 min, when the mouth is checked for any material (gum, chew, etc) and it is clear, if the subject vomits, burps, eats, drinks, or does anything to interfere with the validity of the dep period.
Your subject refuses blood. This is their first DUI.
What else should you check incase you need to apply for a blood warrant?
Past refusals.
What is missing?
Lack of smooth pursuit
Distinct and sustained nystagmus at maximum deviation
Onset of nystagmus prior to 45 degrees
At what age can a juvenile give consent for SFST's?
Just like any other investigation, 16 and up. (16 and 17) they can have a parent or guardian present or notified (under 16) a parent or guardian must be contacted.
What level BAC is found with:
Decline in visual functions (rapid tracking of a moving target), decline in ability to perform two tasks at the same time (divided attention)
0.02
Three Phases of DUI Detection
Vehicle in Motion, Personal Contact, Pre-Arrest Screening
When do you charge Agg DUI?
When there is a determined level of alcohol over 0.16 BAC
How many clues are in the Walk and Turn, and what are they?
8 Clues: Cannot keep balance, Starts too soon, Stops walking, Misses heel to toe, Steps off line, Raises arms, Actual number of steps, The Turn
When can you charge a persons under 21 YOA with UAP?
Upon observation of intoxication/possession or admission.
•Dazed appearance
•Body tremors
•Uncoordinated
•Perspiring
•Disoriented
•Paranoia
•Difficulty in speech
•Nausea
•Piloerection (goose bumps)
What's the drug?
•Hallucinations
In the WAT test, a subject who steps off the line during the first 9 steps and once again during the second 9 steps and who uses arms for balance twice during the second 9 steps has produced ____ distinct clue(s).
Two
•True or False: A person cannot be convicted of DWI if BAC was below 0.05.
False
What level BAC would a subject be if they showed 4/6 HGN impairment?
< .03 = 0 - 2 Clues
.03 - .059 = 2 - 4 Clues
> .06 = 4 - 6 Clues
Explain the difference between PAST and PAST (0.02 BAC Violation)
Discuss as group
–“Although all PBT instruments currently used by LEO are reasonably accurate, they are subject to the possibility of some error, especially if they are not used in the proper fashion.”
What can alter PBT results?
Residual mouth alcohol
Breath Contaminants
Radio frequency interference
Scenario:
Subject pulled over for inactive registration. Vehicle occupied X2.
Passenger is passed out, driver states they are taking the 10-59 person home.
Driver will not state if they have consumed alcohol.
Driver has red, bloodshot, watery eyes. Smells of an alcoholic bev.
You ask the driver to step from the vehicle. They refuse to complete SFST's. They refuse Breath.
What do you do?
Discuss.
PAST- Commercial
If a commercial driver refuses a breath test, how long will his CDL be suspended? What if he was transporting hazardous materials?
1 year/ 3 years
How accurate are the SFST's?
Estimates at the 0.08 level were accurate in 91 percent of the cases, or as high as 94 percent if explanations for some of the false positives are accepted.
•What does "Per Se" mean?
Illegal in and of itself.
•The "illegal per se" law makes it an offense to operate a motor vehicle while having a statutorily prohibited blood alcohol content.