STANDARDIZED FIELD SOBRIETY TESTING ONE-DAY REFRESHER

Transcription

1 STANDARDIZED FIELD SOBRIETY TESTING ONE-DAY REFRESHER 8:30a.m. 8:45a.m. 8:45a.m. 10:15a.m. 10:15a.m. 10:30a.m. 10:30a.m. 12:00p.m. 12:00p.m. 1:00p.m. 1:00p.m. 1:30p.m. 1:30p.m. 2:30p.m. 2:30p.m. 2:45p.m. 2:45p.m. 3:30p.m. 3:30p.m. 4:30p.m. Welcme, Intrductins, Purpse Statement Phase 1 Vehicle in Mtin Phase 2 Persnal Cntact Break Cncepts & Principles f SFSTs Phase 3 Pre-Arrest Screening Lunch Demnstratin & Dry Run Dry Lab Wrkshp Break Dry Lab Wrkshp Exam Practical & Written This prgram was created and spnsred by the Illinis Department f Transprtatin - Divisin f Traffic Safety, Traffic Safety Resurce Prsecutr Prgram

2 PREFACE The prcedures utlined in this manual describe hw the Standardized Field Sbriety Tests (SFSTs) are t be administered under ideal cnditins. We recgnize that the SFSTs will nt always be administered under ideal cnditins in the field, because such cnditins will nt always exist. Even when administered under less than ideal cnditins, they will generally serve as valid and useful indicatrs f impairment. Slight variatins frm the ideal, i.e., the inability t find a perfectly smth surface at radside, may have sme affect n the evidentiary weight given t the results. Hwever, this des nt necessarily make the SFSTs invalid.

3 INTRODUCTION AND OVERVIEW

4 INTRODUCTION AND OVERVIEW Upn successfully cmpleting this sessin, the participant will be able t: State the gals and bjectives f the curse. Describe the curse schedule and activities. Demnstrate their pre-training knwledge f curse tpics. CONTENT SEGMENTS LEARNING ACTIVITIES A. Welcming Remarks and Objectives Instructr-Led Presentatins B. Administrative Details 2

5 DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING TRAINING GOALS AND OBJECTIVES 1. Ultimate Gal T increase deterrence f DWI vilatins, and thereby reduce the number f crashes, deaths and injuries caused by impaired drivers. 2. Enfrcement-Related Gals a. Understand enfrcement's rle in general DWI deterrence. b. Understand detectin phases, clues and techniques. c. Understand requirements fr rganizing and presenting testimnial and dcumentary evidence in DWI cases. 3. Jb Perfrmance Objectives As a result f this training, participants will becme significantly better able t: a. Recgnize and interpret evidence f DWI vilatins. b. Administer and interpret Standardized Field Sbriety Tests. c. Describe DWI evidence clearly and cnvincingly in written reprts and verbal testimny. 4. Enabling Objectives In pursuit f the jb perfrmance bjectives, participants will cme t: a. Understand the tasks and decisins f DWI detectin. b. Knw and recgnize typical vehicle maneuvers and human indicatrs symptmatic f DWI that are assciated with initial bservatin f vehicles in peratin. c. Knw and recgnize typical reinfrcing maneuvers and indicatrs that cme t light during the stpping sequence. d. Knw and recgnize typical sensry and ther clues f alchl and/r ther drug impairment that may be seen during face-t-face cntact with DWI suspects. e. Knw and recgnize typical behaviral clues f alchl and/r ther drug impairment that may be seen during the suspect's exit frm the vehicle. f. Understand the rle and relevance f psychphysical testing in pre-arrest screening f DWI suspects. 3

6 g. Knw and carry ut apprpriate administrative prcedures fr validated divided attentin psychphysical tests. h. Knw and carry ut apprpriate administrative prcedures fr the Hrizntal Gaze Nystagmus test. i. Knw and recgnize typical clues f alchl and/r ther drug impairment that may be seen during administratin f the Standardized Field Sbriety Tests. 4

7 ATTACHMENT GLOSSARY OF TERMS ALVEOLAR BREATH - Breath frm the deepest part f the lung. BLOOD ALCOHOL CONCENTRATION (BAC) - The percentage f alchl in a persn's bld. BREATH ALCOHOL CONCENTRATION (BrAC) - The percentage f alchl in a persn s breath, taken frm deep in the lungs. CLUE - Smething that leads t the slutin f a prblem. CUE - A reminder r prmpting as a signal t d smething. A suggestin r a hint. DIVIDED ATTENTION TEST - A test which requires the subject t cncentrate n bth mental and physical tasks at the same time. DWI/DUI -The acrnym "DWI" means driving while impaired and is synnymus with the acrnym "DUI", driving under the influence r ther acrnyms used t dente impaired driving. These terms refer t any and all ffenses invlving the peratin f vehicles by persns under the influence f alchl and/r ther drugs. DWI DETECTION PROCESS - The entire prcess f identifying and gathering evidence t determine whether r nt a suspect shuld be arrested fr a DWI vilatin. The DWI detectin prcess has three phases: Phase One - Vehicle In Mtin Phase Tw - Persnal Cntact Phase Three - Pre-arrest Screening EVIDENCE - Any means by which sme alleged fact that has been submitted t investigatin may either be established r disprved. Evidence f a DWI vilatin may be f varius types: a. Physical (r real) evidence: smething tangible, visible, r audible. b. Well established facts (judicial ntice). c. Demnstrative evidence: demnstratins perfrmed in the curtrm. d. Written matter r dcumentatin. e. Testimny. FIELD SOBRIETY TEST - Any ne f several radside tests that can be used t determine whether a suspect is impaired. HORIZONTAL GAZE NYSTAGMUS (HGN) - An invluntary jerking f the eyes 5

8 as they gaze tward the side. ILLEGAL PER SE - Unlawful in and f itself. Used t describe a law which makes it illegal t drive while having a statutrily prhibited Bld Alchl Cncentratin. NYSTAGMUS - An invluntary jerking f the eyes. ONE-LEG STAND (OLS) - A divided attentin field sbriety test. PERSONAL CONTACT - The secnd phase in the DWI detectin prcess. In this phase the fficer bserves and interviews the driver face t face; determines whether t ask the driver t step frm the vehicle; and bserves the driver's exit and walk frm the vehicle. PRE-ARREST SCREENING - The third phase in the DWI detectin prcess. In this phase the fficer administers field sbriety tests t determine whether there is prbable cause t arrest the driver fr DWI, and administers r arranges fr a preliminary breath test. PRELIMINARY BREATH TEST (PBT) - A pre-arrest breath test administered during investigatin f a pssible DWI vilatr t btain an indicatin f the persn's bld alchl cncentratin. PSYCHOPHYSICAL - "Mind/Bdy." Used t describe field sbriety tests that measure a persn's ability t perfrm bth mental and physical tasks. STANDARDIZED FIELD SOBRIETY TEST BATTERY - A battery f tests, Hrizntal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand, administered and evaluated in a standardized manner t btain validated indicatrs f impairment based n NHTSA research. TIDAL BREATH - Breath frm the upper part f the lungs and muth. VEHICLE IN MOTION - The first phase in the DWI detectin prcess. In this phase the fficer bserves the vehicle in peratin, determines whether t stp the vehicle, and bserves the stpping sequence. VERTICAL GAZE NYSTAGMUS - An invluntary jerking f the eyes ( up and dwn) which ccurs when the eyes gaze upward at maximum elevatin. WALK-AND-TURN (WAT) - A divided attentin field sbriety test. 6

9 SESSION V PHASE ONE: VEHICLE IN MOTION HS 178 R2/06

10 SESSION V PHASE ONE: VEHICLE IN MOTION Upn successfully cmpleting this sessin, the participant will be able t: Identify typical cues f Detectin Phase One. Describe the bserved cues clearly and cnvincingly. CONTENT SEGMENTS LEARNING ACTIVITIES A. Overview: Tasks and Decisin Instructr-Led Presentatins B. Initial Observatins: Visual Cues Impaired Operatin Vide Presentatin C. Initial Observatins: Visual Cues Impaired Operatin (Mtrcycles) Vide Presentatin D. Recgnitin and Descriptin f Initial Cues Instructr-Led Demnstratins E. Typical Reinfrcing Cues f the Stpping Sequence Participant's Presentatins F. Recgnitin and Descriptin f Initial and Reinfrcing Cues HS 178 R2/06

11 DWI DETECTION PHASE ONE: VEHICLE IN MOTION Yur first task in Phase One: Vehicle in Mtin is t bserve the vehicle in peratin t nte any initial cues f a pssible DWI vilatin. At this pint yu must decide whether there is sufficient cause t stp the vehicle, either t cnduct further investigatin t determine if the suspect may be impaired, r fr anther traffic vilatin. Yu are nt cmmitted t arresting the suspect fr DWI based n this initial bservatin, but rather shuld cncentrate n gathering all relevant evidence that may suggest impairment. Yur secnd task during phase ne is t bserve the manner in which the suspect respnds t yur signal t stp, and t nte any additinal evidence f a DWI vilatin. The first task, bserving the vehicle in mtin, begins when yu first ntice the vehicle, driver r bth. Yur attentin may be drawn t the vehicle by such things as: a mving traffic vilatin; an equipment vilatin; an expired registratin r inspectin sticker; unusual driving actins, such as weaving within a lane r mving at slwer than nrmal speed; r "Evidence f drinking" r drugs in vehicle. If this initial bservatin disclses vehicle maneuvers r human behavirs that may be assciated with impairment, yu may develp an initial suspicin f DWI. Based upn this initial bservatin f the vehicle in mtin, yu must decide whether there is reasnable suspicin t stp the vehicle. At this pint yu have three chices: stp the vehicle; cntinue t bserve the vehicle; r disregard the vehicle. HS 178 R2/06 V-1

12 2. INITIAL OBSERVATIONS: VISUAL CUES TO DWI Drivers wh are impaired frequently exhibit certain effects r symptms f impairment. These include: slwed reactins; impaired judgment as evidenced by a willingness t take risks; impaired visin; and pr crdinatin The next page presents cmmn symptms f alchl influence. This unit fcuses n alchl impairment because research currently prvides mre infrmatin abut the effects f alchl n driving than it des abut the effects f ther drugs n driving. Remember that whether the driver is impaired, the law enfrcement detectin prcess is the same, and the ffense is still DWI. The cmmn effects f alchl n the driver's mental and physical faculties lead t predictable driving vilatins and vehicle perating characteristics. The Natinal Highway Traffic Safety Administratin (NHTSA) spnsred research t identify the mst cmmn and reliable initial indicatrs f DWI. This research identified 24 cues, each with an assciated high prbability that the driver exhibiting the cue is impaired. These cues and their assciated prbabilities are described in the fllwing Special Sectin, Initial Visual DWI Detectin Cues. HS 178 R2/06 V-2

13 They als are discussed in Visual Detectin f Driving While Intxicated, a film spnsred by NHTSA t assist law enfrcement fficers t recgnize DWI detectin cues. This film is included in the training vide. COMMON SIGNS OF ALCOHOL INFLUENCE BLOOD ALCOHOL CONCENTRATION 0.03% * * * * * * * * * * * *???? * * * * * * * * * * * *???? Slwed * * * Reactins * * * * * *??? Increased * * Risk * * Taking * *?? Impaired * Visin *? Pr Crdinatin INITIAL VISUAL DWI DETECTION CUES Fllwing are 24 cues which plice fficers may use t detect nighttime impaired drivers. The cues were develped frm a list f mre than 100 driving cues that have been fund t predict BACs f 0.08 percent r greater. Hundreds f law enfrcement fficers were invlved in three field studies invlving mre than 12,000 enfrcement stps. These cues represent the mst systematically develped methd available fr visually predicting whether a vehicle perated at night is being driven by a DWI driver r a sber driver. A pcket-sized bklet, The Visual Detectin f DWI Mtrists [DOT HS ] listing these cues is available free f charge frm: Natinal Highway Traffic Safety Administratin - Impaired Driving Divisin 400 Seventh Street, SW., Rm 5118 Washingtn, DC HS 178 R2/06 V-3

14 VISUAL CUE DESCRIPTIONS 1. PROBLEMS MAINTAINING PROPER LANE POSITION [p= ] A. Weaving - Weaving ccurs when the vehicle alternately mves tward ne side f the radway and then the ther, creating a zig-zag curse. The pattern f lateral mvement is relatively regular as ne steering crrectin is clsely fllwed by anther. B. Weaving Acrss Lane Lines - Extreme cases f weaving when the vehicle wheels crss the lane lines befre crrectin is made. C. Straddling A Lane Line - The vehicle is mving straight ahead with the center r lane marker between the left-hand and right-hand wheels. D. Swerving - A swerve is an abrupt turn away frm a generally straight curse. Swerving might ccur directly after a perid f drifting when the driver discvers the apprach f traffic in an ncming lane r discvers that the vehicle is ging ff the rad; swerving might als ccur as an abrupt turn is executed t return the vehicle t the traffic lane. In the illustratin belw, a swerve was executed t return t a lane after a perid f drifting tward ppsing traffic. E. Turning With Wide Radius - During a turn, the radius defined by the distance between the turning vehicle and the center f the turn in greater than nrmal. The vehicle may drive wide in a curve. F. Drifting - Drifting is a straight-line mvement f the vehicle at a slight angle t the radway. As the driver appraches a marker r bundary (lane marker, center line, edge f the radway), the directin f drift might change. As shwn in the illustratin, the vehicle drifts acrss the lane marker int anther lane, then the driver makes a crrectin and the vehicle drifts back acrss the lane marker. Drifting might be bserved within a single lane, acrss lanes, acrss the center line, nt the shulder, and frm lane t lane. G. Almst Striking Object r Vehicle - The bserved vehicle almst strikes a statinary bject r anther mving vehicle. Examples include: passing abnrmally clse t a sign, wall, building, r ther bject; passing abnrmally clse t anther mving vehicle; and causing anther vehicle t maneuver t avid cllisin. HS 178 R2/06 V-4

15 2. SPEED AND BRAKING PROBLEMS [p= ] A. Stpping Prblems (t far, t shrt, t jerky) - Stpping t far frm a curb r at an inapprpriate angle. Stpping t shrt r beynd limit line at an intersectin. Stpping with a jerking mtin r abruptly. B. Accelerating r Decelerating Rapidly - This cue encmpasses any acceleratin r deceleratin that is significantly mre rapid than that required by the traffic cnditins. Rapid acceleratin might be accmpanied by breaking tractin; rapid deceleratin might be accmpanied by an abrupt stp. Als a vehicle might alternately accelerate and decelerate rapidly. C. Varying Speed - Alternating between speeding up and slwing dwn. D. Slw Speed (10 m.p.h. + Under Limit) - The bserved vehicle is being driving at a speed that is mre than 10 MPH belw the speed limit. 3. VIGILANCE PROBLEMS [p= ] A. Driving In Oppsing Lanes r Wrng Way On One-Way Street - The vehicle is bserved heading int ppsing r crssing traffic under ne r mre f the fllwing circumstances: driving in the ppsing lane; backing int traffic; failing t yield the right-f-way; driving the wrng way n a ne-way street. The last circumstance is illustrated belw. B. Slw Respnse t Traffic Signals - The bserved vehicle exhibits a lnger than nrmal respnse t a change in traffic signal. Fr example, the driver remains stpped at the intersectin fr an abnrmally lng perid f time after the traffic signal has turned green. C. Slw Or Failure T Respnd T Officer s Signals - Driver is unusually slw t respnd t an fficer s lights, siren r hand signals. D. Stpping in Lane fr N Apparent Reasn - The critical element in this cue is that there is n bservable justificatin fr the vehicle t stp in the traffic lane; the stp is nt caused by traffic cnditins, traffic signals, an emergency situatin, r related circumstances. Impaired drivers might stp in the lane when their capability t interpret infrmatin and make decisins becmes impaired. As a cnsequence, stpping in lane fr n apparent reasn is likely t ccur at intersectins r ther decisin pints. HS 178 R2/06 V-5

16 E. Driving Withut Headlights At Night - The bserved vehicle is being driven with bth headlights ff during a perid f the day when the use f headlights is required. F. Failure t Signal r Signal Incnsistent with Actin - A number f pssibilities exist fr the driver s signaling t be incnsistent with the assciated driving actins. This cue ccurs when incnsistencies such as the fllwing are bserved: failing t signal a turn r lane change; signaling ppsite t the turn r lane change executed; signaling cnstantly with n accmpanying driving actin; and driving with fur-way hazard flashers n. 4. JUDGMENT PROBLEMS [p= ] A. Fllwing T Clsely - The vehicle is bserved fllwing anther vehicle while nt maintaining the legal minimum separatin. B. Imprper Or Unsafe Lane Change - Driver taking risks r endangering thers. Driver is frequently r abruptly changing lanes withut regard t ther mtrists. C. Illegal r Imprper Turn (t fast, jerky, sharp, etc.) - The driver executes any turn that is abnrmally abrupt r illegal. Specific examples include: turning with excessive speed; turning sharply frm the wrng lane; making a U illegally; turning frm utside a designated turn lane. D. Driving n Other Than Designated Radway - The vehicle is bserved being driven n ther than the radway designated fr traffic mvement. Examples include driving: at the edge f the radway, n the shulder, ff the radway entirely, and straight thrugh turn-nly lanes r areas. E. Stpping Inapprpriately In Respnse T Officer - The bserved vehicle stps at an inapprpriate lcatin r under inapprpriate cnditins, ther than in the traffic lane. Examples include stpping: in a prhibited zne; at a crsswalk; far shrt f an intersectin; n a walkway; acrss lanes; fr a green traffic signal; fr a flashing yellw traffic signal; abruptly as if startled; r in an illegal, dangerus manner. F. Inapprpriate Or Unusual Behavir (thrwing bjects, arguing, etc.) - Thrwing bjects frm the vehicle, drinking in the vehicle, urinating at radside, arguing withut cause, ther disrderly actins. HS 178 R2/06 V-6

17 G. Appearing t be Impaired - This cue is actually ne r mre f a set f indicatrs related t the persnal behavir r appearance f the driver. Examples f specific indicatrs might include: Eye fixatin Tightly gripping the steering wheel Sluching in the seat Gesturing erratically r bscenely Face clse t the windshield Driver s head prtruding frm vehicle POST STOP CUES p > Difficulty with mtr vehicle cntrls 2. Difficulty exiting the vehicle 3. Fumbling with driver s license r registratin 4. Repeating questins r cmments 5. Swaying, unsteady, r balance prblems 6. Leaning n the vehicle r ther bject 7. Slurred speech 8. Slw t respnd t fficer/fficer must repeat 9. Prvides incrrect infrmatin, changes answers 10. Odr f alchlic beverage frm the driver Ask fr Visual Detectin f DWI Mtrists. (DOT HS ). HS 178 R2/06 V-7

18 VISUAL DETECTION OF DWI MOTORCYCLISTS NHTSA has als develped research identifying driving impairment cues fr mtrcyclists (ANACAPA Sciences, DOT HS , 1993). Excellent Cues (50% r greater prbability) Drifting during turn r curve Truble with dismunt Truble with balance at a stp Turning prblems (e.g., unsteady, sudden crrectins, late braking, imprper lean angle) Inattentive t surrundings Inapprpriate r unusual behavir (e.g., carrying r drpping bject, urinating at radside, disrderly cnduct, etc.) Weaving Gd Cues (30 t 50% prbability) Erratic mvements while ging straight Operating withut lights at night Recklessness Fllwing t clsely Running stp light r sign Evasin Wrng way 3. DIVIDED ATTENTION It is imprtant t understand the effects f alchl are exhibited in driving s that the significance f visual cues will be recgnized. Driving is a cmplex task invlving a number f subtasks, many f which ccur simultaneusly. These include: steering; cntrlling the acceleratr; signaling; cntrlling the brake pedal perating the clutch; perating t gearshift; bserving ther traffic; bserving signal lights, stp signs & ther traffic cntrl devices; and making decisins (whether t stp, turn, speed up, slw dwn). HS 178 R2/06 V-8

19 Safe driving demands the ability t divide attentin amng these varius tasks. "Divided attentin" simply means the ability t cncentrate n tw r mre things at the same time. Under the influence f alchl and/r ther drugs, a driver's ability t divide attentin is impaired. As a result, the impaired driver tends t cncentrate n nly the mst imprtant r critical parts f driving and t disregard the less imprtant parts, ften creating unexpected r dangerus situatins fr ther drivers. Tw examples were particularly evident in the vide segment Visual Detectin f Driving While Intxicated. In ne instance the driver signaled fr left turn, but actually turned right. In the ther, the driver remained stpped at a green light. In each case the driver was unable t divide attentin. The first driver was cncentrating n steering, lking fr the street where he wished t turn and slwing fr the turn. The driver realized that a signal was required and actually perated the signal lever. But the driver didn't have enugh attentin left t mve the lever in the right directin. Therefre he signaled left, but turned right. The secnd driver was stpped at a traffic light, but he did nt have enugh attentin left t react t the specific clr f the light. Therefre he did nt respnd t the green light. Sme f the mst significant evidence frm all three phases f DWI detectin can be related directly t the effects f alchl and/r ther drugs n divided attentin ability. We will return t the cncept f divided attentin in Sessin VI. Persnal Cntact and Sessin VII. Pre-arrest Screening. 4. RECOGNIZING AND DESCRIBING INITIAL CUES Observing the vehicle in peratin is the first task in DWI detectin. Prper perfrmance f that task requires tw distinct but related abilities: the ability t recgnize evidence f impairment; and the ability t describe that evidence clearly and cnvincingly. It is nt enugh that yu bserve and recgnize symptms f impaired driving. Yu als must be able t describe what happened s that thers will have a clear mental picture f what tk place. Imprving yur ability t recgnize and clearly describe bservatinal evidence requires practice. HS 178 R2/06 V-9

20 5. THE STOPPING SEQUENCE Yur secnd task during Phase One f the detectin prcess is t bserve the manner in which the driver respnds t yur signal t stp, and t nte any additinal evidence f a DWI vilatin. Cues reinfrcing the suspicin f DWI may be fund in the stpping sequence. After the cmmand t stp is given, the impaired driver may exhibit additinal imprtant evidence f DWI. These cues may include: an attempt t flee; n respnse; slw respnse; an abrupt swerve; sudden stp; and striking the curb r anther bject. Sme f these cues are exhibited because the stp cmmand places additinal demands n the driver's ability t divide attentin. The signal t stp creates a new situatin with which the driver must cpe. Flashing emergency lights r a siren demand and divert the driver's attentin, requiring that the driver nw divide attentin between driving and respnding t the stp cmmand. Stpping itself requires the driver simultaneusly t turn the steering wheel, put n the brakes, use a turn signal, and s n. Thus the driver's task becmes mre cmplex when the stp cmmand is given. An impaired driver may nt be able t handle this mre cmplex task and additinal evidence f impairment may appear. It is yur respnsibility t recgnize, recrd and cnvey the additinal evidence f driving impairment that may cme t light during the stpping sequence. This task, like Task One, bserving the vehicle in peratin, requires: the ability t recgnize evidence f impairment; and the ability t describe that evidence clearly and cnvincingly. Recgnizing and describing the reinfrcing cues f DWI that appear during the stpping sequence requires practice. HS 178 R2/06 V-10

21 TEST YOUR KNOWLEDGE INSTRUCTIONS: Cmplete the fllwing sentences. 1. The Phase One tasks are 2. Tw cmmn symptms f impairment are: a. b. 3. Alchl impairs the ability t amng tasks. 4. Three cues reinfrcing the suspicin f DWI which may be bserved during the stpping sequence are: a. b. c. HS 178 R2/06 V-11

22 SESSION VI PHASE TWO: PERSONAL CONTACT HS 178 R2/06

23 SESSION VI PHASE TWO: PERSONAL CONTACT Upn successfully cmpleting this sessin, the participant will be able t: Identify typical clues f Detectin Phase Tw. Describe the bserved clues clearly and cnvincingly. CONTENT SEGMENTS LEARNING ACTIVITIES A. Overview: Tasks and Decisin Instructr-Led Presentatins B. Typical Investigatin Clues f the Driver Interview Vide Presentatin C. Recgnitin and Descriptin f Investigatin Clues Instructr-Led Demnstratins D. Interview/Questins Techniques Participant s Presentatins E. Recgnitin and Descriptin f Clues Assciated With the Exit Sequence HS 178 R2/06

24 PERSONAL CONTACT OVERVIEW DWI Detectin Phase Tw: Persnal Cntact, like Phases One and Three, cmprises tw majr evidence gathering tasks and ne majr decisin. Yur first task is t apprach, bserve and interview the driver while they are still in the vehicle t nte any face-t-face evidence f impairment. During this face-t-face cntact yu may administer sme simple pre-exit sbriety tests t gain additinal infrmatin t evaluate whether r nt the driver is impaired. After this evaluatin, yu must decide whether t request the driver t exit the vehicle fr further field sbriety testing. In sme jurisdictins departmental plicy may dictate that all drivers stpped n suspicin f DWI be instructed t exit. It is imprtant t nte that by instructing the driver t exit the vehicle, yu still are nt cmmitted t an arrest; this is simply anther step in the DWI detectin prcess. Once yu have requested the driver t exit the vehicle, yur secnd task is t bserve the manner in which the driver exits t nte any additinal evidence f impairment. NOTE: Yu may initiate Phase Tw withut Phase One. This may ccur, fr example, at a radblck, r when yu have respnded t the scene f a crash. TASK ONE The first task f Phase Tw, bservatin and interview f the driver, begins as sn as the suspect vehicle and the patrl vehicle have cme t cmplete stps. It cntinues thrugh yur apprach t the suspect vehicle and invlves all cnversatin between yu and the driver prir t the driver's exit frm the vehicle. HS 178 R2/06 VI-1

25 Yu may have develped a strng suspicin that the driver is impaired prir t the face-t-face bservatin and interview. Yu may have develped this suspicin by bserving smething unusual while the vehicle was in mtin, r during the stpping sequence, r yu may have develped n suspicin f DWI prir t the face-t-face cntact. The vehicle peratin and the stp may have been nrmal, yu may have seen n actins suggesting DWI. Fr example, yu may have stpped the vehicle fr a equipment/registratin vilatin, r where n unusual driving was evident. In sme cases, Phase One will have been absent. Fr example, yu may first encunter the driver and vehicle after a crash r when respnding t a request fr mtrist assistance. Regardless f the evidence that may have cme t light during Detectin Phase One, yur initial face-t-face cntact with the driver usually prvides the first definite indicatins that the driver is impaired. DECISION Based upn yur face-t-face interview and bservatin f the driver, and upn yur previus bservatins f the vehicle in mtin and the stpping sequence, yu must decide whether there is sufficient reasn t instruct the driver t step frm the vehicle. Fr sme law enfrcement fficers, this decisin is autmatic since their agency plicy dictates that the driver always be tld t exit the vehicle, regardless f the cause fr the stp. Other agencies, hwever, treat this as a discretinary decisin, t be based n what the fficer sees, hears and smells during bservatin and interview with the driver while the driver is seated in the vehicle. If yu decide t instruct the driver t exit, yu must clsely bserve the driver's actins during the exit frm the vehicle and nte any evidence f impairment. TYPICAL INVESTIGATION CLUES: THE DRIVER INTERVIEW Face-t-face bservatin and interview f the driver allws yu t use three senses t gather evidence f alchl and/r ther drug influence: the sense f sight; the sense f hearing; and the sense f smell. HS 178 R2/06 VI-2

26 SIGHT There are a number f things yu might see during the interview that wuld be describable clues r evidence f alchl and/r ther drug influence. Amng them are: bldsht eyes; siled clthing; fumbling fingers; alchl cntainers; drugs r drug paraphernalia; bruises, bumps r scratches; unusual actins. HEARING Amng the things yu might hear during the interview that wuld be describable clues r evidence f alchl and/r ther drug influence are these: slurred speech; admissin f drinking; incnsistent respnses; abusive language; unusual statements. SMELL There are things yu might smell during the interview that wuld be describable clues r evidence f alchl and/r ther drug influence. Typically these include: alchlic beverages; marijuana; "cver up" drs like breath sprays; unusual drs. REQUIRED ABILITIES Prper face-t-face bservatin and interview f the driver demands tw distinct but related abilities: the ability t recgnize the sensry evidence f alchl and/r ther drug influence; and the ability t describe that evidence clearly and cnvincingly. Develping these abilities requires practice. HS 178 R2/06 VI-3

27 PRE-EXIT INTERVIEW TECHNIQUES A basic purpse f the face-t-face bservatin and interview f the driver is t identify and gather evidence f alchl and/r ther drug influence. This is the purpse f each task in each phase f DWI detectin. During the face-t-face bservatin and interview stage, it is nt necessary t gather sufficient evidence t arrest the driver immediately fr DWI. There are a number f techniques yu can use while the driver is still behind the wheel. Mst f these techniques apply the cncept f divided attentin. They require the driver t cncentrate n tw r mre things at the same time. They include bth questining techniques and psychphysical (mind/bdy) tasks. These techniques are nt as reliable as the standardized field sbriety tests but they can still be useful fr btaining evidence f impairment. THESE TECHNIQUES DO NOT REPLACE THE SFST. Questining Techniques The questins yu ask and the way in which yu ask them can cnstitute simple divided attentin tasks. Three techniques are particularly pertinent: asking fr tw things simultaneusly; asking interrupting r distracting questins; and, asking unusual questins. An example f the first technique, asking fr tw things simultaneusly, is requesting that the driver prduce bth the driver's license and the vehicle registratin. Pssible evidence f impairment may cme t light as the driver respnds t this dual request. Be alert fr the driver wh: frgets t prduce bth dcuments; prduces dcuments ther than the nes requested; fails t see the license, registratin r bth while searching thrugh wallet r purse; fumbles r drps wallet, purse, license r registratin; is unable t retrieve dcuments using fingertips. HS 178 R2/06 VI-4

28 The secnd technique, asking interrupting r distracting questins, frces the driver t divide attentin between searching fr the license r registratin and answering a new questin. While the driver is respnding t the request fr license, registratin r bth, yu ask an unrelated questin like, "Withut lking at yur watch, what time is it right nw?" Pssible evidence f impairment may be disclsed by the interrupting r distracting questin. Be alert fr the driver wh: ignres the questin and cncentrates nly n the license r registratin search; frgets t resume the search after answering the questin; supplies a grssly incrrect answer t the questin. The third technique, asking unusual questins, is emplyed after yu have btained the driver's license and registratin. Using this technique, yu seek verifying infrmatin thrugh unusual questins. Fr example, while hlding the driver's license, yu might ask the driver, "What is yur middle name?" There are many such questins which the driver nrmally wuld be able t answer easily, but which might prve difficult if the driver is impaired, simply because they are unusual questins. Unusual questins require the driver t prcess infrmatin; this can be especially difficult when the driver des nt expect t have t prcess infrmatin. Fr example, a driver may respnd t the questin abut the middle name by giving a first name. In this case the driver ignred the unusual questin and respnded instead t a usual -- but unasked -- questin. ADDITIONAL TECHNIQUES Knw if there are any judicial restraints in reference t these tests. ALPHABET This technique requires the subject t recite a part f the alphabet. Yu instruct the subject t recite the alphabet beginning with a letter ther than A and stpping at a letter ther than Z. Fr example, yu might say t a driver, "Recite the alphabet, beginning with the letter E as in Edward and stpping with the letter P as in Paul." This divides the driver's attentin because the driver must cncentrate t begin at an unusual starting pint and recall where t stp. COUNT DOWN This technique requires the subject t cunt ut lud 15 r mre numbers in reverse sequence. Fr example, yu might request a driver t, "Cunt ut lud backwards, starting with the number 68 and ending with the number 53." This, t, divides attentin because the driver must cntinuusly cncentrate t cunt backwards while trying t recall where t stp. HS 178 R2/06 VI-5

29 NOTE: This technique shuld never be given using starting and stpping pints that end in 0 r 5 because these numbers are t easy t recall. Fr example, d nt request that the driver cunt backwards frm 65 t 50. Instead, ask the driver t cunt backwards frm 64 t 49. FINGER COUNT In this technique, the subject is asked t tuch the tip f the thumb in turn t the tip f each finger n the same hand while simultaneusly cunting up ne, tw, three, fur; then t reverse directin n the fingers while simultaneusly cunting dwn fur, three, tw, ne. In each instance, nte whether and hw well the subject is able t perfrm the divided attentin task. THE EXIT SEQUENCE Yur decisin t instruct the driver t step frm the vehicle usually is made after yu have develped a suspicin that the driver is impaired.* Even thugh that suspicin may be very strng, usually the suspect is nt yet under arrest when yu give the instructin. Hw the driver steps and walks frm the vehicle and actins r behavir during the exit sequence may prvide imprtant evidence f impairment. Be alert t the driver wh: shws angry r unusual reactins; cannt fllw instructins; cannt pen the dr; leaves the vehicle in gear; "climbs" ut f vehicle; leans against vehicle; keeps hands n vehicle fr balance. Prper face-t-face bservatin and interview f a driver requires the ability t recgnize the sensry evidence f alchl and/r ther drug influence and the ability t describe that evidence clearly and cnvincingly. Develping these abilities takes practice. *Except, hwever, that yu may instruct a suspect t exit the vehicle as a means f ensuring yur wn safety. Safety cnsideratins take precedence ver all ther cnsideratins. HS 178 R2/06 VI-6

30 TEST YOUR KNOWLEDGE INSTRUCTIONS: Cmplete the fllwing sentences. 1. The tw majr evidence gathering tasks f Phase Tw are 2. The majr decisin f Phase Tw is 3. Amng the describable clues an fficer might see during the Phase Tw interview are these three: a. b. c. 4. Amng the describable clues an fficer might hear during the Phase II interview are these three: a. b. c. 5. Amng the describable clues an fficer might smell during the Phase II interview are these tw: a. b. HS 178 R2/06 VI-7

31 6. Three techniques an fficer might use in asking questins cnstitute simple divided attentin tasks. These techniques are: a. b. c. 7. The Cunt Dwn Technique requires the subject t 8. Leaning against the vehicle is a clue t DWI which may be bserved during HS 178 R2/06 VI-8

32 SESSION VIII CONCEPTS AND PRINCIPLES OF THE STANDARDIZED FIELD SOBRIETY TESTS HS 178 R2/06

33 SESSION VIII CONCEPTS AND PRINCIPLES OF THE STANDARDIZED FIELD SOBRIETY TESTS Upn successfully cmpleting this sessin, the participant will be able t: Discuss the develpment and validity f the research and the standardized elements, clues and interpretatin f the three standardized field sbriety tests. Discuss the different types f nystagmus and their effects n the Hrizntal Gaze Nystagmus test. Discuss and prperly administer the three Standardized Field Sbriety Tests. Discuss and recgnize the clues f the three Standardized Field Sbriety Tests. Describe in a clear and cnvincing fashin and prperly recrd the results f the three Standardized Field Sbriety Tests n a standard nte taking guide. Discuss the limiting factrs f the three Standardized Field Sbriety Tests. CONTENTS SEGMENTS LEARNING ACTIVITIES A. Overview: Develpment and Validatin Instructr-Led Presentatin B. SFST Field Validatin Studies Instructr-Led Demnstratin C. Hrizntal Gaze Nystagmus Participant Practice Sessin & Demnstratin D. Vertical Gaze Nystagmus E. Walk-and-Turn F. Cmbining the Clues f the Hrizntal Gaze Nystagmus and Walk-and-Turn G. One-Leg Stand H. Limitatins f the Three Tests I. Taking Field Ntes n the Standardized Field Sbriety Tests HS 178 R2/06

34 OVERVIEW OF SFST RESEARCH AND DEVELOPMENT 1. Fr many years law enfrcement fficers have utilized field sbriety tests t determine the impairment f a persn s driving due t alchl influence. The perfrmance f the persn n thse field sbriety tests was used by the fficer t develp prbable cause fr arrest and as evidence in curt. A wide variety f field sbriety tests existed and there was a need t develp a battery f standardized valid tests. 2. Beginning in late 1975, extensive scientific research studies were spnsred by NHTSA thrugh a cntract with the Suthern Califrnia Research Institute (SCRI) t determine radside field sbriety tests were the mst accurate. SCRI published the fllwing three reprts: Califrnia: 1977 (Lab) Califrnia: 1981 (Lab and Field) Maryland, D.C., V.A., N.C., 1983 (Field) 3. SCRI traveled t law enfrcement agencies thrughut the United States t select the mst cmmnly used field sbriety tests. Six tests were used in the initial stages f this study. 4. Labratry research indicated that three f these tests, when administered in a standardized manner, were a highly accurate and reliable battery f tests fr distinguishing BACs abve 0.10: Hrizntal Gaze Nystagmus (HGN) Walk-and-Turn (WAT) One-Leg Stand (OLS) 5. NHTSA analyzed the labratry test data and fund: HGN, by itself, was 77% accurate WAT, by itself, was 68% accurate OLS, by itself, was 65% accurate By cmbining HGN and WAT an 80% accuracy can be achieved. 6. The final phase f this study was cnducted as a field validatin. Standardized, practical and effective prcedures were develped The tests were determined t discriminate in the field, as well as in the labratry. HS 178 R2/06 VIII-1

35 7. The three standardized test were fund t be highly reliable in identifying subjects whse BACs were abve The results f the study unmistakably validated the SFSTs. SFST VALIDATION STUDIES 1. Three SFST validatin studies were undertaken between 1995 and 1998: Clrad Flrida San Dieg The Clrad SFST validatin study was the first full field study that utilized law enfrcement persnnel experienced in the use f SFSTs. The initial study utilized nly a few experienced fficers in DWI enfrcement in bth a labratry setting and field setting. Crrect arrests decisins were made 93% f the time based n the 3-test battery (HGN, WAT, OLS). Substantially higher than the initial study results. 3. The Flrida SFST field validatin study was undertaken in rder t answer the questin f whether SFSTs are valid and reliable indices f the presence f alchl when used under present day traffic and law enfrcement cnditins. Crrect decisins t arrest were made 95% f the time based n the 3-test battery (HGN, WAT, OLS). This is the third SFST field validatin study that has been undertaken. Each has shwn that the SFST 3-test battery is the nly scientifically validated and reliable methd fr discriminating between impaired and unimpaired drivers. 4. The San Dieg SFST validatin field study was undertaken because f the natinwide trend twards lwer the BAC limits t The questin t be answered was des SFST discriminate at BAC s belw 0.10". Crrect arrest decisins were made 91% f the time based n the 3-test battery (HGN, WAT, OLS) at the 0.08 level and abve. HS 178 R2/06 VIII-2

36 The results f this study prvide a clear evidence f the validity f the 3-test battery. T supprt arrest decisins at abve r belw 0.08, it strngly suggests that the SFSTs als accurately discriminate BACs at 0.04 and abve. OVERVIEW OF NYSTAGMUS Nystagmus Nystagmus is defined as an invluntary jerking f the eyes. Alchl and certain ther drugs cause Hrizntal Gaze Nytagmus. Categries f Nystagmus There are three general categries f nystagmus: 1. Vestibular Nystagmus is caused by mvement r actin t the vestibular system. A. Types f vestibular nystagmus: Rtatinal Nystagmus ccurs when the persn is spun arund r rtated rapidly, causing the fluid in the inner ear t be disturbed. If it were pssible t bserve the eyes f a rtating persn, they wuld be seen t jerk nticeably. Pst Rtatinal Nystagmus is clsely related t rtatinal nystagmus: when the persn stps spinning, the fluid in the inner ear remains disturbed fr a perid f time, and the eyes cntinue t jerk. Calric Nystagmus ccurs when fluid mtin in the canals f the vestibular system is stimulated by temperature as by putting warm water in ne ear and cld in the ther. Psitinal Alchl Nystagmus (PAN) ccurs when a freign fluid, such as alchl, that alters the specific gravity f the bld is in unequal cncentratins in the bld and the vestibular system. 2. Nystagmus can als result directly frm neural activity: Optkinetic Nystagmus ccurs when the eyes fixate n an bject that suddenly mves ut f sight, r when the eyes watch sharply cntrasting mving images. HS 178 R2/06 VIII-3

37 Examples f ptkinetic nystagmus include watching strbe lights, rtating lights, r rapidly mving traffic in clse prximity. The Hrizntal Gaze Nystagmus test will nt be influenced by ptkinetic nystagmus when administered prperly. Physilgical Nystagmus is a natural nystagmus that keeps the sensry cells f the eye frm tiring. It is the mst cmmn type f nystagmus. It happens t all f us, all the time. This type f nystagmus prduces extremely minr tremrs r jerks f the eyes. These tremrs are generally t small t be seen with the naked eye. Physilgical nystagmus will have n impact n ur Standardized Field Sbriety Tests, because its tremrs are generally invisible. Gaze Nystagmus ccurs as the eyes mve frm the center psitin. Gaze nystagmus is separated int three types: (1) Hrizntal Gaze Nystagmus ccurs as the eyes mve t the side. It is the bservatin f the eyes fr Hrizntal Gaze Nystagmus that prvides the first and mst accurate test in the Standardized Field Sbriety Test battery. Althugh this type f nystagmus is mst accurate fr determining alchl impairment, its presence may als indicate use f certain ther drugs. (2) Vertical Gaze Nystagmus is an invluntary jerking f the eyes (up and dwn) which ccurs when the eyes gaze upward at maximum elevatin. The presence f this type f nystagmus is assciated with high dses f alchl fr that individual and certain ther drugs. The drugs that cause Vertical Gaze Nystagmus are the same nes that cause Hrizntal Gaze Nystagmus. Nte: There is n drug that will cause Vertical Gaze Nystagmus that des nt cause Hrizntal Gaze Nystagmus. If Vertical Gaze Nystagmus is present and Hrizntal Gaze Nystagmus is nt, it culd be a medical cnditin. (3) Resting Nystagmus is referred t as a jerking f the eyes as they lk straight ahead. Its presence usually indicates a pathlgy r high dses f a Dissciative Anesthetic drug such as PCP. If detected, take precautins. (OFFICER SAFETY.) 3. Nystagmus may als be caused by certain pathlgical disrders. They include brain tumrs and ther brain damage r sme diseases f the inner ear. These pathlgical disrders ccur in very few peple and in even fewer drivers. HS 178 R2/06 VIII-4

38 Medical Impairment The examinatins that yu can cnduct t assess pssible medical impairment include: Pupil size Resting Nystagmus Tracking ability PROCEDURES Prcedures t Assess Pssible Medical Impairment Prir t administratin f HGN, the eyes are checked fr equal pupil size, resting nystagmus, and equal tracking (can they fllw an bject tgether). If the eyes d nt track tgether, r if the pupils are nticeably unequal in size, the chance f medical disrders r injuries causing the nystagmus is present. Prcedures f Hrizntal Gaze Nystagmus Testing: The Three Clues The test yu will use at radside is "Hrizntal Gaze Nystagmus" -- an invluntary jerking f the eyes ccurring as the eyes gaze tward the side. Sme jerking will be seen if the eyes are mved far enugh t the side. 1. The Lack f Smth Pursuit (Clue Number One) - The eyes can be bserved t jerk r "bunce" as they fllw a smthly mving stimulus, such as a pencil r penlight. The eyes f an unimpaired persn will fllw smthly, i.e., a marble rlling acrss a smth pane f glass, r windshield wipers mving acrss a wet windshield. 2. Distinct and Sustained Nystagmus At Maximum Deviatin (Clue Number Tw) - Distinct and sustained nystagmus will be evident when the eye is held at maximum deviatin fr a minimum f fur secnds. Peple exhibit slight jerking f the eye at maximum deviatin, even when unimpaired, but this will nt be evident r sustained fr mre than a few secnds. When impaired by alchl, the jerking will be larger, mre prnunced, sustained fr mre than fur secnds, and easily bservable. 3. Onset f Nystagmus Prir T 45 Degrees (Clue Number Three) - The pint at which the eye is first seen jerking. If the jerking begins prir t 45 degrees it is evident that the persn has a BAC abve 0.08, as shwn by recent research. The higher the degree f impairment, the sner the nystagmus will be bservable. HS 178 R2/06 VIII-5

39 Estimating a 45-Degree Angle It is imprtant t knw hw t estimate a 45-degree angle. Hw far yu psitin the stimulus frm the suspect s nse is a critical factr in estimating a 45-degree angle. (i.e., If the stimulus is held 12" in frnt f the suspect s nse, it shuld be mved 12" t the side t reach 45 degrees. Likewise, if the stimulus is held 15" in frnt f the suspect s nse, it shuld be mved 15" t the side t reach 45 degrees.) Fr practice, a 45-degree template can be prepared by making a 15"-square cardbard and cnnecting its ppsite crners with a diagnal line. T use this device, hld it up s that the persn's nse is abve the diagnal line. Be certain that ne edge f the template is centered n the nse and perpendicular t (r, at right angles t) the face. Have the persn yu are examining fllw a penlight r sme ther bject until suspect is lking dwn the 45-degree diagnal. Nte the psitin f the eye. With practice, yu shuld be able t recgnize this angle withut using the template. Specific Prcedures If the suspect is wearing eyeglasses, have them remved. Give the suspect the fllwing instructins frm a safe psitin. (FOR OFFICER SAFETY KEEP YOUR WEAPON AWAY FROM THE SUSPECT): "I am ging t check yur eyes." "Keep yur head still and fllw this stimulus with yur eyes nly." "Keep fllwing the stimulus with yur eyes until I tell yu t stp." Psitin the stimulus apprximately inches frm the suspect's nse and slightly abve eye level. Check t see that bth pupils are equal in size. If they are nt, this may indicate a head injury. Yu may bserve Resting Nystagmus at this time, then check the suspect's eyes fr the ability t track tgether. Mve the stimulus smthly acrss the suspect's entire field f visin. Check t see if the eyes track the stimulus tgether r ne lags behind the ther. If the eyes dn't track tgether it culd indicate a pssible medical disrder, injury, r blindness. HS 178 R2/06 VIII-6

40 Check the suspect's left eye by mving the stimulus t yur right. Mve the stimulus smthly, at a speed that requires apprximately tw secnds t bring the suspect's eye as far t the side as it can g. While mving the stimulus, lk at the suspect's eye and determine whether it is able t pursue smthly. Nw, mve the stimulus all the way t the left, back acrss suspect's face checking if the right eye pursues smthly. Mvement f the stimulus shuld take apprximately tw secnds ut and tw secnds back fr each eye. Repeat the prcedure. Eye Lking Straight Ahead 45 O After yu have checked bth eyes fr lack f smth pursuit, check the eyes fr distinct and sustained nystagmus at maximum deviatin beginning with the suspect's left eye. Simply mve the bject t the suspect's left side until the eye has gne as far t the side as pssible. Usually, n white will be shwing in the crner f the eye at maximum deviatin. Hld the eye at that psitin fr a minimum f fur secnds, and bserve the eye fr distinct and sustained nystagmus. Mve the stimulus all the way acrss the suspect's face t check the right eye hlding that psitin fr a minimum f fur secnds. Repeat the prcedure. Nte: Fatigue Nystagmus. This type f nystagmus may begin if a subject s eyes are held at maximum deviatin fr mre than 30 secnds. Next, check fr nset f nystagmus prir t 45 degrees. Start mving the stimulus twards the right (suspect's left eye) at a speed that wuld take apprximately fur secnds fr the stimulus t reach the edge f the suspect's shulder. Watch the eye carefully fr any sign f jerking. When yu see it, stp and verify that the jerking cntinues. Nw, mve the stimulus t the left (suspect's right eye) at a speed that wuld take apprximately fur secnds fr the stimulus t reach the edge f the suspect's shulder. Watch the eye carefully fr any sign f jerking. When yu see it, stp and verify that the jerking cntinues. Repeat the prcedure. NOTE: It is imprtant t use the full fur secnds when checking fr nset f nystagmus. If yu mve the stimulus t fast, yu may g past the pint f nset r miss it altgether. If the suspect's eyes start jerking befre they reach 45 degrees, check t see that sme white f the eye is still shwing n the side clsest t the ear. If n white f the eye is shwing, yu either have taken the eye t far t the side (that is mre than 45 degrees) r the persn has unusual eyes that will nt deviate very far t the side. ADMINISTRATIVE PROCEDURES 1. CHECK FOR EYEGLASSES 2. VERBAL INSTRUCTIONS 3. POSITION STIMULUS (12-15 INCHES) 4. EQUAL PUPIL SIZE AND RESTING NYSTAGMUS 5. TRACKING 6. LACK OF SMOOTH PURSUIT 7. DIST. & SUSTAINED MAX. DEV. 8. ONSET OF NYSTAGMUS PRIOR TO TOTAL THE CLUES 10. CHECK FOR VERTICAL GAZE NYSTAGMUS HS 178 R2/06 VIII-7