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76 Cards in this Set
- Front
- Back
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Overview the d.u.i. problem
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This chapter has been adopted from the d_w_i detection and standardized field sobriety testing course produced by the national highway traffic safety administration (NHTSA).
The NHTSA course uses the term driving while intoxicated ( dwi ). |
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Overview the d.u.i. problem
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throughout the nation impaired driving is a major contributor to traffic fatalities. Some estimates indicate that about 25 percent of Americans drivers at least occasionally drive while under the influence and that offenders actually committed the offence an average of at times per year. While under the influence of alcohol or drug, impaired drivers are more likely than others to take exit the room and have load reaction times: they are also less likely to wear seatbelts.
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This course uses the term driving while intoxicated / d.w.i.
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florida law uses the term driving under the influence / d.u.i.
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D.U.I.: the problem
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Many factors impaired drivers these include alcohol or drug intake, medical conditions and mental or physical disabilities.
An officers primary duty in detecting and investigating DUI cases is to remove impaired drivers from the road to ensure public safety. |
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D.U.I.: deterrence
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DUI is both a social and a law enforcement problem. The ultimate goal is to reduce the number of impaired drivers through prevention, education, and its ruined. Prevention promises the ultimate, lasting solution to the DUI problem, but it will require a substantial amount of time to fully accomplished.
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D.U.I.: deterrence
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Law enforcement was not only in for the DUI laws but take time to educate the public schools, civic groups, special events, etc. Deterrence is only part of the solution. Both the public and the law enforcement are responsible for working together to accomplish the goal of stopping DUI's.
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Behavioral change in individual is fundamental to prevention. The public you do the following:
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1 Avoid committing Bui, either by avoiding or controlling drinking prior to driving or by selecting alternative transportation
2 intervene actively to prevent others from committing DUI , for example public service announcements against impaired driving 3 avoid riding with drivers who are impaired. |
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General deterrence is based upon the driving public's fear of being arrested:
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If my leader believes there is a good chance they will get caught, some will avoid committing the event at least one time or some of the time.
Unless there is a real risk of being arrested, there will not be fear of being arrested. Law enforcement must the resting up bile it is to convince members of the public that they will be caught if they continue to drive while impaired. |
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The legal consequences of D.U.I. conviction:
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1 Monetary fine
2 imprisonment 3 temporary or permanent loss of driving privileges |
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The keys to successful deterrence by well trained law enforcement officers will include the following: colon
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1 Skill at detecting D.U.I.
2 willingness to arrest every D.U.I. violator who is detected 3 increase in D.U.I. enforcement activity. |
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D.U.I. prevention and deterrence role in the community:
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Law enforcement organizations: enforce the law that legislators pad.
Prosecutors: prosecute D.U.I. violators and the Judiciary: adjudicates fairly and delivers the punishments prescribed by the law. Media: publicize the effort and communicate that the risk is not worth the probable outcome. Non-governmental organisation cold such as Mothers Against Drunk Driving, greed public service announcements, and promote other measures addressing impaired driving. |
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Alcohol and the human body
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alcohol: falls into the category of central nervous system depressant. Is the most abused drug in the United States. Is the active ingredient in beer, wine, whiskey, liquors.
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Alcohol and the human body
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Alcohol: effects on the body includes the loss of fine motor skills, hand and eye coordination, and judgment. The person who is affected by alcohol doesn't think that he or she is impaired.
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Alcohol and the human body
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Absorption : the process by which alcohol enters the bloodstream.
Absorption rate: varies based on many factors including the person's weight and gender, weather and how much food he or she is eating, and the alcohol concentration of the substance consumed. distribution : the process by which alcohol is Carrie be the bloodstream to the body's tissues and organs. metabolism : is the biological process by which the body breaks down alcohol into compounds that are more readily eliminated. elimination : when the body expels alcohol through exhaled breath, sweat, tears, saliva, & urine. Alcohol elimination rate of human is approx .015 percent per hour. |
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Level of impairment
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Blood alcohol concentration (BAC) or breath alcohol concentration (BrBAC): Limited which an individual is presumed impaired and cannot legally operate a vehicle.
Florida Statute section 316. 193 establishes that limit as 0.08 BAC. BAC is expressed in terms of grams of alcohol in every hundred milliliters of blood. BrBAC is expressed as grams of alcohol per 210 liters of breath. Therefore a level of 0.08 may refer to the blood alcohol level for the breath alcohol level. |
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Level of impairment
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Any amount of alcohol will affect a person's ability to drive to some degree. Degree to which the person is affected depends on how much alcohol is consumed the length of time over which the alcohol is consumed the gender and physical size of the person, whether or not the person has eaten, and various other factors.
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Key terms:
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Driving under the influence / D.U.I.: refers to a person who is driving, who has driven, or who has actual physical control of a vehicle while impaired by alcohol or certain substances that adversely affect the auditory visual or mental processes.
Actual physical Control: hey person was physically in, on, were around the view court and have the capability to operate the vehicle is legally in actual is good to live the view court in can be arrested in prosecutor for d_u_i. For example a person with asleep or passed out in the front seat of you cool with you mission key in the ignition, is in actual to go control of the few quay in may be arrested. Vehicle: every device in, upon, or by which, any person or property is or maybe transportador drawn up on a highway, accepting devices used exclusively upon stationary reals or tracks. Florida's third District Court of Appeals held that the term includes bicycles, any person biking while under the influence of alcohol could be charged with D.U.I. her State vs Howard 1987. this may also include skateboards, and scooters, ATVs, go karts, golf carts, mopeds, etc. Within the State: includes any where in Florida weather on roadways, or public or private property. A person may be arrested for D.U.I. even though he or she never drove onto a road or highway. Normal Faculties: include the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and normally performed the mental and physical activity life. |
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Miranda requirements
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An officer should always rely on agency policies and procedures and local case law when determining when and under what circumstances Miranda warnings are administered to D.U.I. subjects. Notwithstanding department policy, Miranda should be read after the traffic investigation before the commencement of the criminal investigation.
The US Supreme Court has ruled that the law enforcement officer is not required to administer Miranda warning during the course of a traffic stop in which the officer temporarily detained the motor is in order to ask if you prefer questions and issue a citation. The Berkemer vs McCarty 1984. Miranda warnings are not typically required prior to administering the standardized field sobriety test (SFST's). |
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Standardized field sobriety test / SFST & psychophysical tests
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The standardized field sobriety tests are a series of standardized validated psychophysical test given by law enforcement officers to determine chemical and pyramid.
Psychophysical test described field sobriety tests that measure a person's ability to perform both mental and physical tasks simultaneously. Important note: as it refers to Florida law the standardized field sobriety tests are considered standardized field sobriety exercising and should be referred to as such in any court of law in the State of Florida. |
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Implied consent
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Any personal except the privilege of driving to see the Florida has consented to submit to any approved chemical or physical test to determine the alcohol content or presence of a chemical and or controlled substance in the breath, blood, or urine once they are lawfully arrested for committing an offence while driving in or actual physical control of a vehicle in under the influence.
Implied consent: Florida law requires a lawful arrest the driver of a vehicle to take any breath, blood, or urine test requested by law enforcement officers. Additionally drivers may voluntarily submit to the test. The implied consent warning can be read by a law enforcement officer, corrections officer, or certified breath test operator, but it is recommended that a law enforcement officer read it to the subject if he or she refuses a request to submit as per agency policies and procedures. |
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Implied consent Warning
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I am now requesting that you submit to a lawful test of your breath for the purpose of determining the alcoholic content.
I am now requesting that you submit to a lawful test of your blood for the purpose of determining the alcohol content and or the presence of a chemical and or controlled substance. I am now requesting that you submit to a lawful test of your urine for the purpose of determining the presence of a chemical and/or controlled substance. Note: read all of the subject does not comply with your request. Go on to advise: I am ___ recruit x________ of the _____ Police Academy x_____. If you feel to submit to the test I have requested of you, your privilege to operate a motor vehicle will be suspended for a. of one year for a first refusal, or 18 month if your privilege has been previously suspended as a result of a refusal to submit to a lawful test of the breath, blood, or urine. Additionally if your fuses admit to the test I have requested of you and your driving privileges than previously suspended for a prior refusal to submit to a lawful test of your breath, blood, or urine, you will be committing a misdemeanor. Refusal to submit to the test(s), I have requested of you is admissible in evidence in any criminal or administrative proceeding. |
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Florida Statutes impairment requirements
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Florida Statutes section 316. 193 establishes legal presumption based on the violators blood or breath alcohol concentration or level. Florida's standard jury instruction give the elements of the crime that the prosecution must approve prior to the subject being convicted. In the case of the crime of by the jury is instructed to presume certain conclusion based on alcohol concentration.
Furthermore Florida Statute establishes that even if evidence finds that the operator, while driving or in actual physical control of a vehicle, had a blood or breath alcohol level in excess of. 05 but less than. 08, that this fact does not necessarily mean the operator was not under the influence of alcohol or was to the extent that his or her normal faculties were impaired. such an alcohol concentration may be considered with other competent evidence (for example driving pattern, personal contact, and standardized field sobriety test) in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. |
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Florida Statutes impaired requirements
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If the persons alcohol concentration was 0.08 or higher, the jury is instructed to presume that the person was under the influence of alcohol to the extent that his or her normal faculties were impaired.
Also a person could be found guilty of driving or being in actual physical control of a motor vehicle with an unlawful alcohol concentration regardless of impairment. |
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Administering the breath test
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A breath test must be performed by a certified breath test operator. This test will be administered to an arrest the driver for agency policy.
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Administering the breath test
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If after a certified breath test operator has administered the breath test and the arrested driver results are of an alcohol concentration reading 0.08 or higher, the officer needs to complete a DUI citation.
If the result is below a 0.08, the officers should complete a UTC for the charge of the UI based on probable cause for the arrest. If this subject refuses to submit the breath test, and also should complete a D.U.I. citation and mark the box for refusal. Regardless of the person's alcohol concentration, and officers observations should indicate whether a person needs immediate medical attention or not. |
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urine test
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If it subject test result is below 0.08, and an officer has probable cause to believe that the subject is impaired by substances other than alcohol, you also should request a urine test. The urine test may determine if drugs are in the subjects of them and are possibly causing the impairment.
In such a situation, request for subject to submit to urine test and be given the implied consent warming if the test is refused. |
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Blood Test
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You can request blood based on the following criteria per section 316. 1932 (1)(C) F.S. and your agencies policy:
1. There is reasonable cause to believe the individual was under the influence of alcohol or chemical controlled substance while driving or in actual physical control of a vehicle 2. The breath test was impractical or impossible to give make, sure to document the reason why. 3. The subject is at a medical facility for treatment. |
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Blood test
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All the drawers must be conducted at a medical facility. What someone who is unable to have withdrawn consider such as an unconscious subject, is deemed to have given consent to test. The subject need not be under arrest for an officer to request a blood draw under implied consent. Other lawful arrested subject to maybe six pack would have been. Driving car and look here at a medical facility may be requested to submit to a blood draw. If they refuse they should be read the implied consent warning and asked again for a blood sample.
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Blood test
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A person who expected by who killed or seriously injured any person including the driver, is required to submit to a blood test according to Section 3 16. 1933 Florida statue
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Blood test
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Verified the blood kit is not expired. Only an authorized person may draw blood. Blood must be drawn at an otherwise it's a little blood must be drawn in the appropriate vial. Vial labels must contain the subjects name, date, and time the blood was collected as well as the initials of the person drawing the blood. Due to the serious nature of D.U.I. offenses you must follow your agency's policies and procedures for a teen blood.
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Refusal affidavit
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The state of Florida refuse affidavit must be completed in conjunction with a D.U.I. citation issued for a refusal to submit to a chemical test. This form must be completed notarized and forwarded to DHSMV as part of the DUI arrest report.
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D.U.I. second or subsequent refusal
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If its objectives placed under law 4s for the offense of a D.U.I., refuses to submit to a lawfully requested test or his or her breath, urine, blood and has had his or her driving privileges suspended before for refusing to submit to a lawful test of his breath or urine or blood, this subject committed the offence of refusal to submit to testing: the original refusal information can be verified by checking FCIC / NCIC, David or criminal databases. The officer shall place this additional charge on the probable cause affidavit and issue a uniform traffic citation. The charge of a refusal to submit to testing is a misdemeanor of the first degree. You must also complete a affidavit of refusal to submit to breath you're in or blood test.
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Commercial motor vehicle D.U.I. investigations
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Nope still needs to know that there a certain steps you concerning the operation of a motor vehicle while the driver is in. . a person who has any alcohol in his body may not drive or be in actual physical control of a commercial motor vehicle in this state any driver in violation of this section must be placed out of service immediately for a period of 24 hours. Have a responsible party pick up the vehicle or have the vehicle towed depending on the situation and agency policy.
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motor vehicle d.u.i. investigation
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If a driver is arrested for a violation of statue 316.193 Florida statue or is in possession of a controlled substance while operating or an actual physical control of a motor vehicle or a commercial motor vehicle, the driver may be subject to the loss of his or her commercial drivers license for a. of one year. Is penalty also applies if the driver refuses to submit to a breath, urine, or blood test to determine the alcohol concentration, or if the driver is driving a commercial motor vehicle with an alcohol concentration 0.04 or higher.
If you suspect a D.U.I. violation, conduct a D.U.I. investigation and using the same process of determining impairments: conduct the SFST test followrs procedures administer the chemical or physical test, and complete the necessary documentation. The documentation also requires the use of a notice of commercial drivers license privileges this qualification form available from DHSMV. |
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Drivers under 21 years of age / 0.02 violation
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If an officer is involved in a D.U.I. investigation with a driver under the age of 21, you up there should conduct the investigation using the same process for determining pyramid: conduct the SFST, follow a recipe, administer the chemical or physical test, and complete the necessary documentation.
If the D.U.I. investigation does not result in a D.U.I. arrest, but there is evidence of the driver having been consuming alcohol, you made then request the breath test to determine the alcohol concentration. If the drivers concentration level is at or above 0.02 or if he or she refuses to submit to a breath test, his or her drivers license privileges will be suspended. the driver is not arrested but the subject to administrative penalty, even if he or she provides a sample over 0.08 . Take the drivers license and issue a notice of suspension. After issuing a notice of suspension release the driver is according to agency policies and procedures. |
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Portable breath test / PBT
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Portable breath test devices may not be used for D.U.I. arrest. They may be used for violations such as drivers under 21 years of age with 0.02 violation or for commercial motor vehicle enforcement when there is insufficient evidence of D.U.I.
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D.U.I. citation
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the D.U.I. citation must be completed accurately. This citation is not only a charging document: it is also required to authorize Department of Highway Safety and Motor Vehicles to suspend the drivers driving privilege
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D.U.I. Citation
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if the subject has an alcohol concentration of 0.0 8 or above or refusing chemical testing, sees his or her drivers license and attach it to the blue or transmittal copy of the Dy citation paper. Your agency should for the license and a copy of it to the Department of Highway Safety and Motor Vehicles for administrative suspension per agency policy.
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D.u.i. citation
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The D.U.I. citation is very similar to the uniform traffic citation, except the d.u.i. citation is you either for a DUI with an alcohol concentration of 0.0 8 or higher or when the violator has refused any chemical test after being wrongfully arrested. The D.U.I. should be filled out in the same manner is a uniform traffic citation,however the D.u.i. citation has additional field that must be completed regarding the following:
1. if the subject refuses confiscate his or her driver's license 2. if the subject is eligible for a permit 3. if the license was surrendered 4. the location of the Department of Highway Safety and Motor Vehicles hearing office |
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conviction
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Florida law provides the following definition of driving under the influence in section 316. 193, Florida statue:
1. A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection 2, if a person is driving or in actual physical control of a vehicle within the state and: a. The person is under the influence of alcoholic beverages, and the chemical substance set forth in Section 877. 111, photos that you or any substance controlled under chapter 893, Florida Statutes, when affected to the extent that the persons and normal faculities are impaired. b. The person has a blood alcohol level of 0.08 warm or gram of alcohol per hundred milliliters of blood or c. The person has a breath alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. |
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Conviction
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in order to arrest someone for d.u.i. offense, a law enforcement officer must have probable cause to believe that all elements of the offense are present. To convict a person of a d.u.i. offense, it is necessary to show beyond a reasonable doubt that all elements of the offense were present.
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overview of the d.u.i. detection
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D.u.i. Detection process, generally means that the entire process of identifying and gathering evidence accumulated to determine whether or not a subject should be arrested for a d.u.i. offense. The detection begins when the law enforcement officer for suspects that an individual may be driving under the influence and ends when the officer determines whether there is sufficient probable cause to arrest a subject for d.u.i.
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Overview of d.u.i. detection
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Effective d.u.i. enforcers do not immediately decide whether to arrest or not arrest a driver. Rather they proceed carefully three series of intermediate steps each of which helps to identify the collective evidence:
The typical d.u.i. investigation involves three phases: Phase 1: vehicle in motion - observation of the driver operating the vehicle Phase 2: personal contact - after vehicle stops, usually there is an opportunity to observe and speak with the driver face to face. Phase 3: free arrest screening - administration of some more structured and standardized field sobriety test (SFST) to the driver to determine impairment. |
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Overview of d.u.i. detection
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D.u.i detection process does not always include all three phases. Sometimes, the person may be passed out behind the wheel of a vehicle that is not in motion. Therefore face 3 cannot be performed.
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Major decision outcomes
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The decision can have one of three different outcomes:
Yes - do it now wait - look for additional evidence No - don't do it |
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Made your decision outcome
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In each phase of D.U.I. detection you must determine whether there is sufficient evidence to establish the reasonable suspicion necessary to proceed to the next step in the DUI detection process. Your duty is to carry out whatever task or appropriate and make sure that all evidence of d.u.i. is brought to light.
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Major decisions outcome
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The main goals of d.u.i. detection:
1. Identify the three phases in d.u.i. detection 2. To take adequate field notes and write comprehensive reports 3. To present evidence of d.u.i. in court |
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Major decisions outcome
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The most successful d.u.i. detectors are those officers who :
Know what to look and listen for, have the skills to ask the right questions, choose and use the right types of tests, make the correct observations, and are motivated and another knowledge and skills one everyday contact someone who may be under the influence. |
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Research and development of S.F.S.T.'s
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Laboratory research indicated that three tests that, when administered in a standardized manner, were the most accurate and reliable battery of tests for distinguishing alcohol impairment. These tests were :
1. Horizontal gaze nystagmus /H.G.N. 2. walk and turn /W.A.T. 3. One leg stand /O.L.S. |
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Research and development of S.F.S.T.'s
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95% of arrest decisions were made based on the three test battery H.G.N. / W.A.T. / O.L.S.
By themselves each test was accurate to this percentage: H.G.N. : 88% W.A.T. : 79% O.L.S. : 83% |
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Drug impaired driving
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Law enforcement officers encounter not only drivers driving under the influence of alcohol, but also those who may be impaired due to use of legal or illegal drugs. A drug, is any substance that when taken into the human body, can impair the ability of the person to operate a vehicle safely. There are seven broad categories of drug that may impair drivers. These drugs are classified by category based on observable indicators and symptoms they produced.
Some drug impaired drivers look like an egg very much like alcohol impaired drivers. Others look and act differently. All of them are dangerous to themselves and to everyone else on the road. |
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Drug combinations
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Poly drug use: poly drug use is using drugs from two or more drug categories simultaneously. Examples include drinking alcohol while smoking marijuana, sprinkling PCP on marijuana joints, or injecting heroin laced with cocaine (speedball).
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Polydrug effects:
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Null: neither drug has an effect on the indicator. For example a central nervous system stimulant nor a narcotic and analgesic will cause horizontal gaze nystagmus there for horizontal gaze nystagmus will not be present.
Overlapping: when drug effects some indicator of impairment, and the other drug has no effect whatsoever on that indicator. For example alcohol will cause a gin, but marijuana will not cause HGN. therefore HGN will be present. |
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poly drug effects:
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additives: drugs-forum two categories Booth effects M indicator in some way, and these effects reinforce each other other than when combined for example CNS stimulants and losing the gyms both cause pupil dilation: there for peoples will be dialated.
antagonistic: drugs from two categories me produced some effects that are exactly the opposite, but, in combination, effects are difficult to predict. For example cocaine dalla the pupils, and heroin constricted pupils. The eyes may be dilated, constricted, or normal. |
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Medication effects
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Some drivers behaviour and physical reactions may suggest that an impaired driver may be under the influence of medication both prescribed and that obtained illegally. One indicator is that the absence of the order of alcoholic beverages. Description: bottles, leftover pills, or drug paraphernalia maybe in the drivers position or in the vehicle. The driver or a passenger may volunteer information regarding the use of medication. The drivers license may indicate insulin dependent. If one or more indicators are present, the driver may be in legal possession of prescription medications. However if the effects of the prescribed medication and. The drivers ability to drive, the driver should be treated the same as someone by illegal drugs or alcohol.
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Using a drug recognition expert
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A drug recognition expert in specially trained dancer but in investigating drug impaired drivers. he or she will be able to testify in court in great detail and provide expert opinions regarding drug impairment. An officer who has a suspected drug impaired drivers should consider contacting a local D.R.E. to assist in the investigation per agency policy.
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Divided attention tasks
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Divided attention test simply means that the ability to concentrate on two or more task at the same time. While under the influence of alcohol and other drugs a drivers of Lita divided attention is impaired. As a result, the impaired driver tends to concentrate only on the most important or critical parts of driving and disregard the less important parts. creating unexpected and dangerous situations for other drivers.
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phases of DUI detection
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Phase one : vehicle in motion - observe the vehicle in operation. Based on this observation you should decide whether or not there is reasonable suspicion to command the driver to stop. Your attention may be drawn to the vehicle buy things such as committing traffic violations, equipment violation, having expired registration, or making unusual driving actions such as weaving in a lane or moving at a slower than normal speed.
Initial observations / visual cues to D.U.I. : What reactions, impaired judgment as evidenced by a willingness to take risks, impaired vision, or coordination. a cue is a reminder, prompt, or signal to do something and have been found too predictable concentration 0.08 or greater |
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Phase 2: personal contact
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Face to face observation in interview,
Observe the drivers exit from the vehicle and his or her walk from the vehicle. At this phase you will accutane is there another reason for the second pair of me to justify getting the driver out of the vehicle for further investigation. |
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Phase 3: pre-arrest screening
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The major decision and pastry is whether to arrest the driver for d.u.i. the task in these three is to administer the standardized and validated psychophysical test - a term used to describe standardized field sobriety test, that measure the person's ability to perform mentally and physically task simultaneously. Based on these tests you should decide whether there is probable cause to arrest the driver for d.u.i. at this point.
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Nystagmus
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nystagmus defined as involuntary jerking of the eyes, which can be caused by the use of alcohol and other certain drugs. In addition to being involuntary, the person experience Douglas is usually unaware that the dragon is happening. Involuntary jerking of the eyes becomes really knows it noticeable when a person is impaired by alcohol in certain drugs. As a percent of all concentration increases, the other begin drinking sooner as they move to the side.
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vestibular nystagmus
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Is an involuntary jerking of eyes caused by movement or action to the best did you learn in your ear system. Types of vestibular nystagmus include the following.
Rotational nystagmus: occurs when the person is spun around or roti and rapidly causing the fluid in the inner ear to be disturbed. If it were possible to observe the eyes of a rotating person, you would be able to see them jerk. Post rotational nystagmus: is closely related to rotational mistaken. When a person stop spinning, the inner fluid in the inner ear remains this trip for a short. of time and the eyes continue to jerk. caloric nystagmus: Occurs when the fluid motion in the canal of the vestibular system is stimulated by temperature as putting warm water in one ear and cold water the another. Positive alcohol to nystagmus / P.A.N.: Occurs when a foreign fluid, such as alcohol, that alters the specific gravity of the blood is in unequal concentration in the blood and the vestibular system. |
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Neurological nystagmus
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An involuntary jerking of the eyes caused by a disruption of the central nervous system. Some common examples include the following:
Optokinetic nystagmus: occurs when the eyes fixate on an object that suddenly moves out of sight, or when the eyes watch sharply contrasting moving images. Examples of optokinetic nystagmus include watching rotational lights or rapidly moving traffic in close proximity. Psychological nystagmus: a natural nystagmus that keeps the sensory cells in the eyes from tiring. It is the most common type of this thickness. It happens to all of us all the time. This type of nystagmus produces extremely minor tremors or drugs of the eyes. These trimmers are generally too small to be seen with the naked eye. Physiological nystagmus will have no impact on the HGN test because it's trimmers are generally invisible. Gaze nystagmus: Occurs as the eyes are focused on a stimulus and moved from the center position. Business tag this is separated into three types: horizontal gaze nystagmus, vertical gaze nystagmus, and resting nystagmus. |
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3 types of gaze nystagmus
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Horizontal gaze nystagmus:
Refers to involuntary jerking occurring as the eyes move toward the side. Vertical gave the stagnant: is an involuntary jerking of the eyes up and down with your cruise line and the eyes gave up word at maximum elevation. Resting nystagmus: Is an involuntary jerking of the eyes as they look straight ahead. Its present usually indicates a pathological condition or high doses of this associated anesthetic drugs, such as PCP. If detected, take precautions. |
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Pathological nystagmus
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Is an involuntary jerking of the eyes which can occur as a result of brain tumors, other brain damage, or some disease of the inner ear. These pathological disorders occur in very few people and even in fewer drivers.
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Psychophysical test
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Psychophysical tests are methods of assessing a subject mental and physical impairment by asking him or her to perform divided attention task.
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Three tests validated by the National Highway Safety and transportation Safety Administration
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Horizontal gaze nystagmus, one leg stand, walk and turn.
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Processing stage
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In this stage after in the rest decision has been made, the processing stage begins with the arrest of the offender and end when the offender is incarcerated or released to a responsible third party depending on jurisdiction. You may also take statements from any witnesses. If required chemical test, transport of the subject, remaining passengers, and appropriate disposition of the subjects vehicle and property should also be conducted is according to agency policy.
Be sure to document the start time of the observation period In field notes. |
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Taking field notes on the subjects performance of s.f.s.t. 's
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The officer must remember to note time of each exam beginning and concluding pay close attention to detail as the officer must be able to describe how the subject performed on the test, and exactly what the subject did.
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Detection of the nystagmus
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Lack of smooth pursuit, distinct insisting the stagnant that maximum deviation, onset of this dagnes prior to 45 degrees. If the point at which the eyes first seem to be jerking begins part 45 degrees, it is likely that the person has a B.A.C. above 0.08
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Procedures of horizontal gaze nystagmus testing
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Beginning with the left eye each eye is examined twice for 4 specific clues who
number 1 lack of smooth pursuit who number 2 distinct in 15 the segment that maximum deviation to number 3 nystagmus at the maximum deviation, and onset of nystagmus prior to 45 degrees. There are four clues in this exam and 6 clues required to fail. |
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Procedures for walk and turn test
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This procedure has 8 clues and requires only 2 clues for failure. The walking store in test should be conducted on a reasonably Dr, hard surface that it level and non slippery. There should be sufficient room for the subject to complete 9 heel to toe steps. Individuals over 65 years of age or those who have back, legs, or inner ear problems may have difficulty performing this test. Individuals wearing heels more than 2 inches high should be given the opportunity to remove their shoes.
The first two clues for the field notes on walk in turning, number one can I keep balance while listening to the instruction and starts to you soon. |
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Documenting d.u.i. report
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The successful prosecution of Eid d.u.i. case is dependent on the officers ability to recognize and prevent all relative evidence of each element of the d.u.i. open. The officer must keep in mind that virtually all of this evidence must be compiled during the three phases of detection. Vehicle in motion, personal contact, and pre-arrest screen. The officer must be able to establish the level of impairment at the time of the offense, therefore, observation or of critical importance. Subsequent evidence of impairment such as the chemical test, and the evidence gathered during drug evaluation, will be admissible only one a proper rest has been made. Everything expended in detecting, apprehending, investigating, and testing the D.U.I. offender will be of little value if there is not sufficient evidence to prove every element of the violation.
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Note taking guide lines
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One of the most critical task in the DUI enforcement process is the recognition, gathering, and documenting effects include that at that but reasonable suspicion to stop, and get the, and subsequently arrest people suspected of driving or operating a vehicle while impaired.
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courtroom testimony
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Testimonial evidence in d.u.i. cases established that the accused was in fact the driver and was at a time of the offense impaired. Arresting officer must organize all pertinent documentation and be fully prepared to testify in court on any case. When scientific evidence is available, support of testimonials evidence, will be required to permit introduction of that scientific evidence in court.
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D.u.i. report forms
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the officer must complete many forms to conclude a DUI investigation in or a rest.
The forms very by agency and may include the following: D.U.I field notes implied consent warning Miranda warning with waiver refusal affidavit D.U.I. citation or uniform traffic citation breathe test results affadavit agency offense incident report probable cause affidavit alcohol influence report agency-specific certification of blood withdrawal evidence received notice of suspension for 0.02 violation, notice of commercial drivers license privilege this qualification form available from DHSMV vehicle inventory or storage report |
