Dui Traffic Stops

Front 1

Why is impaired driving a problem? (DOTS)

Back 1

Each year, tens of thousands of people die in traffic crashes. Throughout the nation, alcohol is the major contributor to traffic fatalities. In fact, the number one crime resulting in death in the United States is impaired driving. Some estimates indicate that about 25 percent of America’s drivers at least occasionally drive while under the influence, and that offenders actually commit the offense an average of 80 times per year. While driving under the influence (DUI) of alcohol or drugs, impaired drivers are more likely than other drivers to take excessive risks and have slowed reaction times and are less likely to wear seatbelts.

Front 2

What are some general strategies for solving the problem of impaired driving?

Back 2

DUI is both a societal and law enforcement problem. The ultimate goal is to reduce the
number of impaired drivers through prevention, education, and deterrence. Prevention
promises the ultimate, lasting solution to the DUI problem, but it will require a
substantial amount of time to mature fully. Education is an essential component of the
solution. Law enforcement must not only enforce the DUI laws but take the time to
educate the public through schools, civil groups, special events, etc. Deterrence only
offers a partial or limited solution, but it is available right now. Both the public and law
enforcement are responsible for working together to accomplish the goal of stopping
DUI.

Front 3

What are some keys to an officer's success in deterring impaired driving? (DOTS)

Back 3

General deterrence is based upon the driving public’s fear of being arrested.
• If violators believe there is a good chance they will get caught, some will stop
committing the offense at least some of the time.
• Unless there is a real risk of being arrested, there will not be a fear of being arrested.
• Law enforcement must arrest enough violators to convince the public they will
be caught if they continue to drive while impaired.
The legal consequences of a DUI conviction include monetary fines, imprisonment,
and temporary or permanent loss of driving privileges.The keys to successful deterrence
by well-trained law enforcement officers include the following:
• skill at DUI detection
• willingness to arrest every DUI violator who is detected
• support of their agencies

Front 4

How does alcohol affect the human body?

Back 4

Alcohol is a central nervous system depressant and is the most abused drug in the United
States. Often the
person who is affected by alcohol doesn’t think that he or she is impaired. The average alcohol elimination rate of humans is .015% per hour.

Front 5

Define blood alcohol concentration (BAC). (DOTS)

Back 5

Florida law establishes the blood alcohol concentration (BAC) or breath alcohol
concentration (BrAC) limit at which an individual is presumed impaired and cannot
legally operate a vehicle. Section 316.193, F.S. establishes that limit as 0.08 BAC. BAC
is expressed in terms of grams of alcohol in every 100 milliliters of blood.

Front 6

Define absorption.

Back 6

Absorption
is the process by which alcohol enters the bloodstream. The absorption rate of alcohol
varies based on many factors including the person’s weight and gender, whether and how
much food he or she has eaten, and the alcohol concentration of the substances being
consumed.

Front 7

Define breath alcohol concentration (BrAC).

Back 7

Florida law establishes the blood alcohol concentration (BAC) or breath alcohol
concentration (BrAC) limit at which an individual is presumed impaired and cannot
legally operate a vehicle. BrAC is expressed as grams of alcohol per 210 liters of breath.

Front 8

Define distribution.

Back 8

Distribution is the process by which alcohol is carried via the bloodstream
to the body’s tissues and organs.

Front 9

Define elimination.

Back 9

Elimination is
expelling alcohol from the body through exhaled breath, sweat, tears, saliva, urine, etc.
The average alcohol elimination rate of humans is .015% per hour.

Front 10

Define metabolism.

Back 10

Metabolismis the biological process by which the body
breaks down alcohol into compounds that are more readily eliminated.

Front 11

Define driving under the influence. (DOTS)

Back 11

Driving under the influence (DUI) refers to a person who is driving, who has driven,
or who is in actual physical control of a vehicle while impaired by alcohol or certain
substances that adversely affect the auditory, visual, or mental processes.

Front 12

Define actual physical control.

Back 12

A person may be in actual physical control of a vehicle even though he or she is not
actually driving. A person who is physically in, on, or around the vehicle and has the
capability to operate the vehicle is legally in actual physical control of the vehicle and
can be arrested and prosecuted for DUI.

Front 13

Define vehicle per Florida Statutes. (DOTS)

Back 13

Florida Statute §316.003(75) defines vehicle as “every device, in, upon, or by which any
person or property is or may be transported or drawn upon a highway, excepting devices
used exclusively upon stationary rails or tracks”. Florida’sThirdDistrict Court
of Appeal held that the term includes bicycles, and a person biking while under the
influence of alcohol could be charged with DUI. Using the logic in
the Howard opinion, vehicles could also include scooters, ATVs, go-carts, golf carts, etc.

Front 14

Define Standardized Field Sobriety Tests (SFSTs).

Back 14

A series
of psychophysical tests given to determine impairment.

Front 15

Define psychophysical tests. (DOTS)

Back 15

Psychophysical
tests describe field sobriety tests that measure a person’s ability to perform both mental
and physical tasks simultaneously.

Front 16

What are the requirements for Miranda warnings during a DUI traffic stop?

Back 16

An officer should always rely on agency policies and procedures in determining when and under what circumstances Miranda
warnings are administered to DUI subjects.

Front 17

What are the elements of the offense of driving under the influence as provided in the Florida Statutes? (DOTS)

Back 17

316.193, F.S.:
(1) A person is guilty of the offense of driving under the influence and is
subject to punishment as provided in subsection (2) if the person is driving or
in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical
substance set forth in s. 877.111, or any substance controlled under
chapter 893, when affected to the extent that the person’s normal
faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol
per 100 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.

Front 18

How does the concept of "implied consent" impact an officer's actions dealing with a DUI and the rights of the driver? (DOTS)

Back 18

Any person who accepts the privilege of driving in Florida has consented to submit to
an approved chemical test to determine the alcohol content or the presence of a chemical
and/or controlled substance in their breath, blood, or urine once they are arrested for
committing a violation while driving or in actual physical control of a motor vehicle and
under the influence of alcoholic beverages. See F.S. §316.1932(1)(a)1.a. Based on this
implied consent, Florida law requires the driver to take any breath, blood, or urine test
requested by a law enforcement officer. 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
upon refusal of a request to submit as per agency policy and procedures. Figure 10-1 on
the following page is an example.

Front 19

When should an officer complete a DUI citation?

Back 19

A permitted BreathTest Operator will administer the breath test. If the results of the test
indicate an alcohol concentration of 0.08 or higher, the officer needs to complete a DUI
Citation. The results should be written on the citation. If the results are below a 0.08,
the officer should complete a UniformTraffic Citation for the charge of DUI based on the probable cause for the arrest. If the subject refuses to submit to the breath test, an
officer should complete a DUI Citation and mark the box for “Refusal.”

Front 20

What is the offense of DUI second refusal? (DOTS)

Back 20

If a subject is placed under arrest for the offense of DUI, has previously refused to
submit to a lawfully requested test of his or her breath/urine/blood, and refuses to
submit to a chemical breath/urine/blood test, the subject commits the offense of DUI
Second Refusal per F.S. §316.1939. The original refusal information can
be verified by checking FCIC/NCIC, DAVID, and/or criminal history. The officer
shall place this additional charge on the Probable Cause Affidavit and issue a Uniform
Traffic Citation. The charge of a DUI Second (or subsequent) Refusal is a misdemeanor
of the first degree.

Front 21

What is the purpose behind requesting a urine test from a DUI subject?

Back 21

If a breath test result is below a 0.08 and an officer has probable cause to believe that
the subject is impaired by a substance(s) other than alcohol, the officer should request
a urine test.The urine test may determine if drugs are in the system and possibly causing
the impairment. If the subject refuses the urine test, the officer must charge
him or her with a DUI refusal even if a breath sample was provided. The officer should write “urine pending” in the
Comments section on the issued Uniform Traffic Citation.

Front 22

What is the criteria for obtaining a blood test from a DUI subject? (DOTS)

Back 22

Blood can be requested as long as all of the following criteria are met per
F.S. §316.1932(1)(c): • The individual was under the influence of alcohol or a chemical or controlled
substance while driving or in actual physical control of a vehicle.
• The breath test was impractical or impossible to give.
• The subject appeared at a medical facility for treatment. All blood draws must be conducted at a medical facility as defined by Florida Statutes
§316.1932(1)(c). The subject need not be under
arrest in order to request a blood draw under implied consent. According to F.S. §316.1932(1)(f )2.a. and F.S. §316.1933(2)(a), only specified
personnel are authorized to draw blood. The officer needs to verify the
following: the blood kit is not expired, the blood is collected in the appropriate vial, an
authorized person collects the blood, and the vial labels contain the subject’s name, date,
and time the blood was collected as well as the initials of the person drawing the blood.
It is a good idea for an officer to initial the label to show that he or she verified the
necessary information. If asked to identify the vial in court, this could prove beneficial.
Due to the serious nature of the DUI offense, the officer must follow agency procedure
for obtaining blood.

Front 23

What are the requirements for conducting a DUI investigation on a commercial motor vehicle driver?

Back 23

If an officer suspects a DUI violation, he or she should conduct a DUI investigation
utilizing the same process for determining impairment: conduct the SFSTs, follow arrest
procedures, administer the chemical or physical tests, and complete documentation. A person who has any alcohol in his or her 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. If a driver is arrested for a violation of F.S. §316.193 or is in possession of a controlled
substance while operating or in 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 driver license (CDL) for a period of one year. This penalty also applies if
the driver refuses to submit to a breath, urine, or blood test to determine alcohol
concentration, or if the driver is driving a commercial motor vehicle with an alcohol
concentration of 0.04 or higher.

Front 24

What are the procedures for handling a DUI investigation for persons under the age of 21? (DOTS)

Back 24

If an officer is involved in a DUI investigation with a driver under the age of 21, the
officer should conduct a DUI investigation utilizing the same process for determining
impairment: conduct the SFSTs, follow arrest procedures, administer the chemical or
physical tests, and complete documentation. If the DUI investigation does not result in a DUI arrest, but there is evidence that the
driver has been consuming alcohol, the officer may request a breath test to determine
his or her alcohol concentration. If the driver’s alcohol concentration level is at or above
0.02, or if he or she refuses to submit to a breath test, his or her driver’s license will be
suspended. The driver is not arrested but is subject to administrative penalties. The
officer should take the license and issue a Notice of Suspension. If the driver is issued a
Notice of Suspension, then he or she should be released according to agency policies and
procedures.

Front 25

Define normal faculties.

Back 25

Normal faculties include the ability to see, hear, walk, talk, judge distances, drive an
automobile, make judgments, act in emergencies, and normally perform the mental
and physical acts of daily life.

Front 26

Define "within the state".

Back 26

Within the state includes anywhere in Florida, whether on roadways or public or
private property. A person may be arrested for DUI even though he or she never drove
onto a road or highway.

Front 27

Define DUI detection. (DOTS)

Back 27

DUI detection means the entire process of identifying and gathering evidence to
determine whether or not a subject should be arrested for a DUI violation.The detection
process begins when the law enforcement officer first suspects that an individual may be
driving under the influence and ends when the officer determines that there is or is not
sufficient probable cause to arrest the subject for DUI. Effective DUI
enforcers do not leap to the arrest/no arrest decision. Rather, they proceed carefully through
a series of intermediate steps, each of which helps to identify the collective evidence.

Front 28

What is Phase One in a typical DUI contact?

Back 28

The first task in Phase One is to observe the vehicle in operation. Based on this
observation, you must decide whether there is reasonable suspicion to command the
driver to stop. The second task is to observe the stopping sequence. The following
questions may be helpful:
•What is the vehicle doing?
• Do I have grounds to stop the vehicle?
• How does the driver respond to my signal to stop?
• How does the driver handle the vehicle during the stopping sequence?

Front 29

What is Phase Two in a typical DUI contact? (DOTS)

Back 29

The first task in Phase Two is to observe and interview the driver face-to-face. Based on
this observation, you must decide whether there is reasonable suspicion to instruct the
driver to step from the vehicle for further investigation. The second task is to observe
the driver’s exit and walk from the vehicle. Ask yourself the following questions:
•When I approach the vehicle, what do I see?
•When I talk with the driver, what do I hear, see, and smell?
• How does the driver respond to my questions?
• Should I instruct the driver to exit the vehicle?
• How does the driver exit?
•When the driver walks toward the side of the road, what do I see?

Front 30

What is Phase Three in a typical DUI contact?

Back 30

The task in Phase Three is to administer structured, formal psychophysical tests. This
term is used to describe field sobriety tests that measure a person’s ability to perform both
mental and physical tasks simultaneously. Based on these tests, you must decide whether
there is probable cause to arrest the driver for DUI. Ask yourself:
• Should I administer field sobriety tests to the driver?
• How does the driver perform those tests?
•What exactly did the driver do wrong when performing the tests?
• Do I have probable cause to arrest for DUI?

Front 31

How do officers become the most successful DUI detectors?

Back 31

• know what to look and listen for
• have the skills to ask the right kinds of questions
• choose and use the right types of tests
• make the correct observations
• are motivated and apply their knowledge and skill whenever they contact
someone who may be under the influence

Front 32

What is the purpose of field notes in the DUI enforcement process? (DOTS)

Back 32

Field notes provide the information necessary for completion of required
DUI report forms. One of the most critical tasks in the DUI enforcement process is the recognition and
retention of facts and clues that establish reasonable suspicion to stop, investigate,
and subsequently arrest persons suspected of driving or operating a vehicle while
impaired. Field notes are only as good as the information they contain. Reports must be clearly
written and events accurately described if the reports are to have evidentiary value. One
persistent problem with DUI incident reports is the use of vague language to describe
conditions, events and statements. When vague language is used, reports provide a
confused picture of what happened. When clear language is used, reports provide an accurate picture of what happened. Clear and convincing field notes assist the officer in
writing a report that provides strong evidence in court.

Front 33

What types of information should be included in DUI field notes?

Back 33

uring the DUI investigation, the officer
should note at least the following:
• basic information describing the subject, the vehicle, the location, and the date
and time the incident occurred
• brief descriptions of the vehicle in motion (Detection Phase One), including
initial observation of the vehicle and observation of the stopping sequence
• brief descriptions of the personal contact with the subject (Detection PhaseTwo),
including observations of the driver such as the subject’s manner of speech
(including admissions), attitude, clothing, etc. Any physical evidence collected
should also be noted in this section.
• the results of all field sobriety tests that were administered
• any other pertinent evidence specific to the incident

Front 34

How should an officer use visual cues to detect reasonable suspicion of a possible impaired driver? (DOTS)

Back 34

The common effects of alcohol on the driver’s mental and physical faculties lead to
predictable driving violations and vehicle operating characteristics. These include: • slowed reactions
• impaired judgment as evidenced by a willingness to
take risks
• impaired vision
• poor coordination

Front 35

Define cue.

Back 35

A cue is a reminder or prompting as a
signal to do something, i.e., take enforcement action or
observe the vehicle more closely.

Front 36

Define divided attention. (DOTS)

Back 36

Divided
attention simply means the ability to concentrate on two or more things at the same
time. Under the influence of alcohol and/or other drugs, a driver’s
ability to divide attention is impaired. As a result, the impaired driver tends to
concentrate on only the most important or critical parts of driving and disregard the less
important parts, often creating unexpected or dangerous situations for other drivers.
An impaired driver may have difficulty in steering, controlling the accelerator, signaling,
and making decisions (whether to stop, turn, speed up, slow down).

Front 37

What observations may an officer make after the command to stop is given to a DUI subject?

Back 37

After the
command to stop is given, the impaired driver may exhibit additional important
evidence of DUI. These observations may include the following:
• an attempt to flee
• no response
• slow response
• an abrupt swerve
• sudden stop
• striking the curb or another object
The signal to stop creates a new situation with
which the driver must cope. Officers must be able to recognize evidence of impairment
and describe that evidence clearly and convincingly.

Front 38

Define clue.

Back 38

A clue is something
that leads to the solution of a problem, such as a fingerprint or DNA evidence.Clues are also the
behaviors observed during the performance of the standardized field sobriety tests.

Front 39

How should an officer use the senses during face to face contact to detect clues of impairment? (DOTS)

Back 39

Face-to-face observation and interview of the driver allow you to use three senses to
gather evidence of alcohol and/or other drug influence: sight, hearing, and smell. Some specific DUI clues related to sight may include the following:
• bloodshot eyes
• soiled clothing
• fumbling fingers
• alcohol containers
• drugs or drug paraphernalia
• bruises, bumps, or scratches
• unusual actions
Among the things you might hear during the interview that would be describable clues
or evidence of alcohol and/or other drug influence include the following:
• slurred speech
• admission of drinking
• inconsistent responses
• abusive language
• unusual statements
There are things you might smell during the interview that would be describable clues
or evidence of alcohol and/or other drug influence. Typically these include the
following examples:
• alcoholic beverages
• marijuana
• cover up odors like breath sprays
• body odors

Front 40

What medical conditions may provide clues that mimic alcohol or drug impairment?

Back 40

Some of the causes of abnormal behavior may include medical conditions such
as epilepsy, diabetes, injury to the head, or cognitive problems (dementia or Alzheimer’s). Officers should follow their department’s policies and procedures for handling these
cases. If the officer does not suspect a medical condition, and other signs of drug- or
alcohol-impairment are present, he or she should continue with the DUI investigative
process.

Front 41

What pre-exit interview techniques may detect clues of impairment? (DOTS)

Back 41

Most of these techniques apply the
concept of divided attention. These techniques are not as reliable as the Standardized Field Sobriety Tests but
they can still be useful for obtaining evidence of impairment. These techniques do not
replace the Standardized Field Sobriety Tests. Three techniques are particularly pertinent:
• asking for two things in one request
• asking interrupting or distracting questions
• asking unusual questions
If an officer needs additional evidence, the following additional tests may be used for preexit
testing. You instruct the
subject to recite the alphabet beginning with a letter other than A and stopping at a
letter other than Z. This technique requires the subject to count out loud 15 or more numbers in reverse
sequence. In this technique, the subject is asked to touch the tip of the thumb in turn to the tip
of each finger on the same hand while simultaneously counting up one, two, three, four;
then to reverse direction on the fingers while simultaneously counting down four, three,
two, one.

Front 42

What types of subject behavior may be observed during the exit sequence that would lead an officer to have reasonable suspicion of impairment?

Back 42

In addition to the driver’s behavior during the Pre-exit Interview, the manner in which
the driver steps and walks from the vehicle and actions or behavior during the exit
sequence may provide important evidence of impairment. Be alert to the driver who:
• shows angry or unusual reactions
• cannot follow instructions
FL BRT Curriculum: Volume 1 DUI Traffic Stops • 419
• cannot open the door
• leaves the vehicle in gear
• climbs out of vehicle
• leans against vehicle
• keeps hands on vehicle for balance

Front 43

What are the three Standardized Field Sobriety Tests used to detect alcohol or drug impairment? (DOTS)

Back 43

The task in Phase Three is to administer three scientifically validated psychophysical
(field) sobriety tests: Horizontal Gaze Nystagmus,Walk-and-Turn, and One-Leg Stand.

Front 44

Define nystagmus.

Back 44

Nystagmus means an involuntary jerking of the eyes.

Front 45

Define Horizontal Gaze Nystagmus (HGN). (DOTS)

Back 45

Horizontal Gaze
Nystagmus (HGN) refers to an involuntary jerking occurring as the eyes gaze toward
the side. In addition to being involuntary, the person experiencing nystagmus is usually
unaware that the jerking is happening. As
a person’s alcohol concentration increases, the eyes will begin to jerk sooner as they move
to the side. Horizontal Gaze Nystagmus is the most reliable field sobriety test, particularly when
used in combination with the divided attention tests.

Front 46

Define Vertical Gaze Nystagmus (VGN).

Back 46

Vertical Gaze Nystagmus (VGN) is an involuntary jerking of the eyes (up and down)
which occurs when the eyes gaze upward at maximum elevation.

Front 47

Is nystagmus a reliable clue of impairment? (DOTS)

Back 47

Field
experience has indicated that the presence of Vertical Gaze Nystagmus when
accompanied with HGN is a reliable indicator of the use of high doses of alcohol for that
individual or certain other drugs.

Front 48

Why are divided attention tests effective in detecting impairment?

Back 48

Two
validated divided attention field sobriety tests, theWalk-and-Turn and theOne-Leg Stand,
have proven accurate and effective in DUI detection because they require the subject to
concentrate and perform mental and physical tasks at the same time.

Front 49

What clues may an officer observe in an impaired person during the Walk and Turn test? (DOTS)

Back 49

Officers administering the Walk-and-Turn test observe the
subject’s performance for eight clues:
• can’t balance during instructions
• starts too soon
• stops while walking
• does not touch heel-to-toe
• steps off line
• uses arms to balance
• loses balance on turn or turns incorrectly
• takes the wrong number of steps
Research shows that if a subject exhibits two or more of the clues or cannot complete
the test, the subject’s alcohol concentration is likely to be above 0.10. This research has
been shown to be accurate 68% of the time.

Front 50

What clues may an officer observe in an impaired person during the One Leg Stand test?

Back 50

One-Leg Stand is also administered and interpreted in a standardized manner. Officers
carefully observe the subject’s performance and look for four specific clues:
• sways while balancing
• uses arms to balance
• hops
• puts foot down
Research shows that, when the subject produces two or more clues or is unable to
complete the test, the alcohol concentration is probably above 0.10. This criterion has
been shown to be accurate 65% of the time.

Front 51

How should an officer decide whether to make an arrest for DUI?

Back 51

The decision whether to arrest the subject is the culmination of all the evidence
accumulated during the DUI detection process.
If all of the evidence taken together establishes probable cause to believe that DUI has
been committed, you should arrest the subject for DUI. Any reduction of DUI to a
lesser charge is the responsibility of the prosecutor or judge.

Front 52

Define maximum deviation.

Back 52

Maximum deviation
occurs when the gaze of the eye has moved as far as it can go toward the shoulder,
and no white is visible at the outside of the eye.

Front 53

How reliable are the Standardized Field Sobriety Tests based on NHTSA research? (DOTS)

Back 53

Laboratory research indicated that three of these tests, when administered in a
standardized manner, were a highly accurate and reliable battery of tests for
distinguishing alcohol concentration above 0.10: • Horizontal Gaze Nystagmus (HGN)
•Walk-and-Turn (WAT)
• One-Leg Stand (OLS)
NHTSA analyzed the laboratory test data and found:
• HGN, by itself, was 77% accurate.
•WAT, by itself, was 68% accurate.
• OLS, by itself, was 65% accurate.
• By combining HGN andWAT, an 80% accuracy can be achieved. The three standardized tests were found to be highly reliable in identifying subjects
whose alcohol concentrations were above 0.10. The results of the study unmistakably
validated the SFSTs. The results of this study provided clear evidence of the validity of the three-test
battery to support arrest decisions at, above, or below 0.08. It strongly suggests
that the SFSTs also accurately discriminate alcohol concentration at 0.04 and
above.

Front 54

What are the three categories of nystagmus?

Back 54

Vestibular Nystagmus is an involuntary jerking of the eyes caused by movement
or action to the vestibular (inner ear) system. Neurological Nystagmus is an involuntary jerking of the eyes caused by a disruption
of the central nervous system. Pathological Nystagmus is an involuntary jerking of the eyes which can occur as
a result of brain tumors, other brain damage, or some diseases of the inner ear.

Front 55

What three clues point to impairment through the Horizontal Gaze Nystagmus test? (DOTS)

Back 55

• Lack of smooth pursuit—The officer can observe the eyes jerk or bounce as the
eyes follow a smoothly moving stimulus, such as a pencil or penlight. In contrast, the eyes of an unimpaired person will follow smoothly like a marble rolling across
a smooth pane of glass.
• Distinct and sustained nystagmus at maximum deviation—This will be
evident when the eye is held at maximum deviation for a minimum of four
seconds. Some people exhibit slight jerking of the eye at maximum deviation
even when unimpaired, but this will not be evident or sustained for more than a
few seconds. When impaired by alcohol, the jerking will be more pronounced,
sustained for more than four seconds, and easily observable.
• Onset of nystagmus prior to 45-degrees—If the point at which the eye is first
seen jerking begins prior to 45 degrees, it is evident that the person has a BAC
above 0.08. The higher the degree of impairment, the sooner the nystagmus will be observable.

Front 56

What are the procedures for the Horizontal Gaze Nystagmus test?

Back 56

A large disparity between the performance
of the right and left eye may indicate a medical condition.

Front 57

How should an officer interpret the Horizontal Gaze Nystagmus test? (DOTS)

Back 57

There are three possible clues that may appear in each eye for a total of six indicators:
• Lack of smooth pursuit—The eye cannot follow a moving object smoothly.
• Distinct and sustained nystagmus at maximum deviation—Nystagmus is
continuous and clearly visible for a minimum of four seconds.
• The angle of onset of nystagmus is prior to 45 degrees.
Based on the research, if an officer observes four or more clues it is likely that the subject’s
alcohol concentration is above 0.10. Using this criterion, officers will be able to classify
about 77% of subjects accurately. This was determined during laboratory and field
testing and helps an officer weigh the various field sobriety tests in this battery as he or
she makes an arrest decision.

Front 58

What does the presence of Vertical Gaze Nystagmus indicate about impairment? (DOTS)

Back 58

The presence of VGN is associated with high doses
of alcohol for that individual and certain other drugs.

Front 59

What are the procedures for the Vertical Gaze Nystagmus test?

Back 59

1. Position a stimulus (pen, penlight, index finger, etc.) horizontally about 12–15
inches in front of the subject’s nose.
2. Instruct the subject to hold the head still and follow the object with the eyes only.
3. Raise the object until the subject’s eyes are elevated as far as possible.
4. Hold for approximately four seconds.
5.Watch closely for evidence of jerking.

Front 60

What are the procedures for the Walk and Turn test?

Back 60

Learned in class.

Front 61

How should an officer interpret the Walk and Turn test? (DOTS)

Back 61

• Cannot keep balance while listening to the instructions—Two tasks are
required at the beginning of this test.The subject must balance heel-to-toe on the
line, and at the same time, listen carefully to the instructions.Typically, the person
who is impaired can do only one of these things. The subject may listen to the instructions but not keep balance. Record this clue if the subject does not
maintain the heel-to-toe position throughout the instructions. The feet must
actually break apart. Do not record this clue if the subject sways or uses the arms
to balance but maintains the heel-to-toe position.
• Starts before the instructions are finished—The impaired person may also keep
balance but not listen to the instructions. Since you specifically instructed the
subject not to start walking “until I tell you to begin,” record this clue if the
subject does not wait.
• Stops while walking—The subject pauses for several seconds. Do not record
this clue if the subject is merely walking slowly.
• Does not touch heel-to-toe—The subject leaves a space of more than one-half
inch between the heel and toe on any step.
• Steps off the line—The subject steps so that one foot is entirely off the line.
• Uses arms to balance—The subject raises one or both arms more than six inches
from the sides in order to maintain balance during the walking stage.
• Improper turn—The subject removes the front foot from the line while turning.
Also record this clue if the subject has not followed directions as demonstrated, i.e.,
spins or pivots around.
• Incorrect number of steps—Record this clue if the subject takes more or fewer
than nine steps in either direction.
If the subject has difficulty with the test (for example, steps off the line), continue from
that point, not from the beginning. This test may lose its sensitivity if it is repeated
several times. Observe the subject from a safe distance and limit movement which may distract the
subject during the test. Always consider officer safety. Based on research, if the subject exhibits two or more clues on this test or fails to
complete it, classify the subject’s alcohol concentration as above 0.10. Using this
criterion, officers will be able to accurately classify 68% of subjects.

Front 62

What are the procedures for the One Leg Stand test?

Back 62

Observe the subject from a safe distance. If the subject puts the foot down, give
instructions to pick the foot up again and continue counting from that point.Terminate
the test after 30 seconds.

Front 63

How should an officer interpret the One Leg Stand test? (DOTS)

Back 63

• Sways—The subject sways side-to-side or back-and-forth while balancing.
• Uses arms for balance—The subject uses his or her arms six or more inches from
the side of the body in order to maintain balance.
• Hops—The subject is able to keep one foot off the ground but hops to
maintain balance.
• Puts foot down—The subject puts the raised foot down one or more times
during the 30-second count.
Time is critical in this test. Research has shown a person with an alcohol concentration
above 0.10 can maintain balance for up to 25 seconds, but seldom as long as 30.
Research indicates that if an individual shows two or more clues or fails to complete
the One-Leg Stand, there is a good chance the alcohol concentration is above 0.10.
Using that criterion, officers will accurately classify 65% of the people they test as to
whether their alcohol concentration is above 0.10.

Front 64

What note taking procedures are necessary when administering the Standardized Field Sobriety Tests?

Back 64

If any one of the standardized field sobriety test elements is changed, the validity may
be compromised.

Front 65

Why are drug impaired drivers a problem? (DOTS)

Back 65

The
best available data suggest that tens of millions of Americans routinely use drugs other
than alcohol and some of these people sometimes drive when they are under the
influence of those drugs. Some drug-impaired drivers look and act very much like alcohol-impaired drivers.
Others look and act very differently. All of them are dangerous to themselves and to
everyone else on the road.

Front 66

Define drug as it pertains to driving impairment.

Back 66

A drug is any substance that, when taken into the human body, can impair the ability
of the person to operate a vehicle safely.

Front 67

What are the seven categories of drugs that may impair drivers? (DOTS)

Back 67

These drugs are classified in a category based on the
observable signs and symptoms they produce.
Central Nervous System Depressants—This category includes a large number of
different drugs, all of which slow down the operation of the brain and other parts of the
central nervous system (CNS). Examples include alcohol, Valium, Xanax, and Soma.
Central Nervous SystemStimulants—This category of drugs acts quite differently
from depressants. Central nervous system stimulants impair drivers by speeding up or
overstimulating the brain. Cocaine and methamphetamine are examples of CNS
stimulants.
Hallucinogens—This category includes both natural substances and synthetic
chemicals. All hallucinogens impair the user’s ability to perceive the world as it really is.
Peyote and psychedelic mushrooms are naturally occurring hallucinogens. LSD and
ecstasy are examples of synthetic hallucinogens.
Dissociative Anesthetics—This category consists of the drug PCP and its various
analogs (chemical cousins). Originally developed for use as an anesthetic, PCP is a
powerful drug that may act like a depressant, stimulant, and hallucinogen. Another
dissociative anesthetic, dextromethorphan (DXM), is found in many over-the-counter
medications like Coricidin Cough and Cold.
Narcotic Analgesics—This category includes the natural derivatives of opium,
such as morphine, heroin, codeine, and others. The category also includes many
synthetic drugs, such as Demerol, methadone, and others. All narcotic analgesics are
designed to relieve pain and are likely to produce addiction. A narcotic is a substance
that induces sleep (narcosis). An analgesic is a pain-relieving drug.
Inhalants—This category includes many familiar household materials such as
paint, glue, aerosol sprays, etc. None of these substances is manufactured for use as a
drug. However, they produce fumes that can cause significant impairment. Inhalants
such as nitrous oxide and chloroform are intended for medical use.
Cannabis—This is the category that includes marijuana and hashish, as well as
synthetic compounds such as Marinol. Marijuana and other cannabis products impair
the attention process. The ability to perform divided attention tests diminishes under
the influence of cannabis.

Front 68

What are the five eye examinations that are helpful in detecting drug influence?

Back 68

Five eye examinations are especially helpful:
• pupil size
• resting nystagmus
• tracking ability
• horizontal gaze nystagmus
• vertical gaze nystagmus
Vertical gaze nystagmus usually occurs with the use of dissociative anesthetics andmay occur
with relatively high doses of CNS depressants or inhalants for that individual.

Front 69

Define polydrug use. (DOTS)

Back 69

Polydrug 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”).
Such combinations often enhance impairment. Impairment could also occur
unintentionally through the use of alcohol and prescription medication.

Front 70

What are the possible effects of polydrug use? (DOTS)

Back 70

Polydrug use may produce the following effects:
Null—Neither drug has an effect on the indicator. For example, neither a CNS
Stimulant nor a Narcotic Analgesic will causeHGN; therefore,HGN will not be present.
Overlapping—One drug affects some indicator of impairment, and the other drug
has no effect whatsoever on that indicator. For example, alcohol will cause HGN, but
marijuana will not cause HGN. Therefore, HGN will be present.
Additive—Drugs from two categories both affect some indicator in the same way
and, in combination, these effects reinforce each other. For example, CNS Stimulants
and Hallucinogens both cause pupil dilation; therefore, pupils will be dilated.
Antagonistic—Drugs from two categories may produce some effects that are
exactly opposite, but in combination, the effects are difficult to predict. For example,
cocaine dilates the pupils, and heroin constricts the pupils. The eyes may be dilated,
constricted, or normal.

Front 71

What indicators may be present that suggest an impaired driver is under the influence of medication?

Back 71

One is the absence of the odor of
alcoholic beverages.The driver may be wearing a medical alert bracelet or have a medical
alert information card. Prescription bottles, leftover pills, or drug paraphernalia may be
in the driver’s possession or in the vehicle. The driver (or a passenger) may volunteer
information regarding use of medication. The driver’s license may indicate insulin
dependence.When a person’s sugar level is too high, his or her breath could emit an odor
similar to that of an alcoholic beverage. The driver may also have a comprehension or
awareness problem. If one or more indicators are present, the driver may be in legal possession of prescription
medication. However, if the effects of the prescribed medication impair the driver’s
ability to drive, the driver should be treated the same as someone impaired by illegal
drugs or alcohol. If the officer determines that there are indicators of impairment, he or
she should administer the SFSTs.

Front 72

Define analgesic.

Back 72

An analgesic is a pain-relieving drug.

Front 73

Define drug.

Back 73

A drug is any substance that, when taken into the human body, can impair the ability
of the person to operate a vehicle safely.

Front 74

Define narcotic.

Back 74

A narcotic is a substance
that induces sleep (narcosis).

Front 75

What is the responsibility of officers in preparing written reports for DUI violations?

Back 75

The successful prosecution of a DUI case is dependent on the officer’s ability to organize
and present all relevant evidence of each element of the DUI violation. Accordingly, if the evidence is not presented clearly and convincingly in court, the case
may be lost, no matter how good that evidence may be. Therefore, it is essential that
officers develop the ability to write a clear and concise report describing their observations
and results of their investigation for presentation to the prosecu

Front 76

What basic elements of DUI investigations should be included in a DUI arrest report?

Back 76

The DUI report should establish the following elements for the arrest:
• The accused was the operator or in actual physical control of the vehicle.
• There was reasonable suspicion for stopping/contacting the accused.
• There was probable cause to believe the accused was impaired.
• Proper arrest procedures were followed.
• Proper procedure was followed with regards to the rights of the accused.
• Subsequent observation and interview of the accused provided additional
evidence relevant to the alleged offense.
• There was a proper request for the accused to submit to the chemical test and the
results of that test.

Front 77

What are the parts of a comprehensive narrative in a DUI Arrest Report? (DOTS)

Back 77

The narrative offense/arrest report should be organized around the total sequence of
events, beginning at the first observation of the offender, continuing through the arrest,
and ending with the incarceration or release of the subject. The following is a suggested
report format:
PHASE ONE: Vehicle in Motion
Initial Observations
• First observations of the offender and his or her actions
• Factors that drew officer’s attention
• Time and location of first observations
Vehicle Stop
• Subject’s unusual actions taken
• Offender’s response to the stop command
• Method(s) officer used to signal the stop command
• The fashion in which the offender stopped the vehicle
PHASE TWO: Personal Contact
Face-to-Face Contact
• Offender’s personal appearance
• Condition of eyes, speech, etc.
• Names, contact information, seating locations of passengers
• Unusual actions taken
• Unusual statements made
•What officer saw, heard, and smelled
Operation/Actual Physical Control
• Establish offender as the operator
Exit from Vehicle
• Unusual actions, occurrences
PHASE THREE: Pre-Arrest Screening
• Standardized Field Sobriety Tests
• Physical performance
• Mental performance
The Arrest
POST ARREST: Breath Testing and
Processing
Disposition/Location of Vehicle and Keys
Disposition of Passengers and Property
Transport of Offender
• Departure time
• Arrival time
• Subject statements
Evidential Tests/Implied Consent
•What tests were administered
•Who administered the tests
• Test results
Subject Interview
• Miranda warning
• Post-Miranda questioning
Statements ofWitnesses
Citations
• Charges issued
•When issued
Incarceration or Release
• Time
• Place
• If released, to whom
Additional Chemical Tests
• Types of test
• Time taken
•Where taken
• By whom administered