SFSTs for Legal Professionals

The SFSTs for Legal Professionals seminar educates legal professionals on driving under the influence (DUI) detection and understanding, administering, detecting, and documenting standardized field sobriety testing.

Introduction and Overview

The SFST training focuses on a set of examination procedures that provide legal professionals knowledge and tools for DWI detection. The SFST course provides detailed explanations of the evaluation procedures, careful demonstrations of these procedures (both “live” and via video), and ample opportunities for the participants to practice administering the evaluations.

Course Goal

The goal of this course is to ultimately increase deterrence of DWI violations; thereby reducing the number of crashes, deaths, and injuries caused by impaired drivers.

Enforcement Goals

Enforcement goals are to identify:

• Enforcement’s role in general DWI deterrence
• DWI detection phases, clues, and techniques
• Requirements for organizing and presenting testimonial and documentary evidence in DWI cases

Job Performance Objectives

At the conclusion of this training, participants will demonstrate the ability to:

• Recognize and interpret evidence of DWI violations
• Administer and interpret SFSTs
• Describe DWI evidence clearly and convincingly in written reports and verbal testimony
• Ensure video and/or audio evidence, if available, is consistent with other evidence

Job Performance Enabling Objectives

Understand the tasks and decisions of DWI detection

• Recognize the magnitude and scope of DWI-related crashes, deaths, injuries, property loss, and other social aspects of the DWI problem
• Understand the deterrent effects of DWI enforcement
• Understand the DWI enforcement legal environment
• Know and recognize typical vehicle maneuvers and human indicators symptomatic of DWI that are associated with initial observation of vehicles in operation
• Know and recognize typical reinforcing maneuvers and indicators that come to light during the stopping sequence
• Know and recognize typical sensory and other clues of alcohol and/or other drug impairment that may be seen during face-to-face contact with DWI subjects
• Know and recognize typical behavioral clues of alcohol and/or other drug impairment that may be seen during the subject’s exit from the vehicle
• Understand the role and relevance of psychophysical testing in pre-arrest screening of DWI subjects
• Understand the role and relevance of preliminary breath testing in pre-arrest screening of DWI subjects
• Know and carry out appropriate administrative procedures for the Horizontal Gaze Nystagmus (HGN) test
• Know and carry out appropriate administrative procedures for validated divided attention psychophysical tests
• Know and recognize typical clues of alcohol and/or other drug impairment that may be seen during administration of the SFSTs
• Understand the factors that may affect the accuracy of preliminary breath testing (PBT) devices
• Understand the elements of DWI prosecution and their relevance to DWI arrest reporting
• Choose appropriate descriptive terms to convey relevant observations of DWI evidence
• Write clear, descriptive narrative DWI arrest reports

Session 1 - Introduction and Overview (30 Minutes)

Learning Objectives

Upon successfully completing this session, the participant will be able to:

• State goals and objectives of course
• Describe course schedule and activities
• Recognize Participant Manual contents
• Demonstrate pre-training knowledge of course topics

Session 2 – Detection and General Deterrence (50 Minutes)

Learning Objectives

Upon successfully completing this session, the participant will be able to:

• Describe frequency of DWI violations and crashes
• Define general deterrence
• Describe the relationship between detection and general deterrence
• Describe a brief history of alcohol
• Identify common types of alcohol
• Describe the physiological processes of absorption, distribution, and elimination of alcohol in the body

CONTENT SEGMENTS

A. The DWI Problem

B. Concept of General Deterrence

C. Relating Detection to Deterrence Potential

D. Evidence of Effective Detection and Effective Deterrence

E. Physiology of Alcohol

Session 3 - The Legal Environment (1 Hour 10 Minutes)

Learning Objectives

Upon successfully completing this session, the participant will be familiar with:

• Elements of DWI offenses
• Provisions of implied consent
• The relevance of chemical test evidence
• Precedents established through case law

In this session, impaired driving laws are discussed in detail. The participants are responsible for learning whether and how each law applies in their jurisdiction.

CONTENT SEGMENTS

A. DWI Statute: Driving While Under the Influence

B. Per Se Statute: Driving With a Prohibited Blood Alcohol Concentration

C. Implied Consent

D. Preliminary Breath Testing

E. Case Law Review

Session 4 – Overview of Detection, Note Taking, and Testimony (50 Minutes)

Learning Objectives

Upon successfully completing this session, the participant will be able to:

• Describe the three phases of detection
• Describe the tasks and key decision of each phase
• Discuss the uses of a standard note taking guide
• Discuss guidelines for effective testimony

CONTENT SEGMENTS

A. Three Phases of Detection

B. DWI Investigation Field Notes

C. Courtroom Testimony

Session 5 – Phase One: Vehicle in Motion (1 Hour 30 Minutes)

Learning Objectives

At the conclusion of this session, participants will be able to:

• Identify typical cues of Detection Phase One
• Describe the observed cues clearly and convincingly
• Understand the significance of the problem of impaired motorcycle riders
• Obtain the skills necessary to detect, arrest, and prosecute alcohol- and drug-impaired motorcyclists

CONTENT SEGMENTS

A. Overview: Tasks and Decision

B. Initial Observations: Visual Cues of Impaired Operation (Automobiles)

C. Initial Observations: Visual Cues of Impaired Operation (Motorcycles)

D. Recognition and Description of Initial Cues

E. Typical Reinforcing Cues of the Stopping Sequence

F. Recognition and Description of Initial and Reinforcing Cues

Session 6 – Phase Two: Personal Contact (1 Hour 30 Minutes)

Learning Objectives

Upon successfully completing this session, the participant will be able to:

• Identify typical clues of Detection Phase Two
• Describe the observed clues clearly and convincingly

CONTENT SEGMENTS

A. Overview: Tasks and Decision

B. Typical Investigation Clues of the Driver Interview

C. Recognition and Description of Investigation Clues

D. Interview/Questioning Techniques

E. Recognition and Description of Clues Associated with the Exit Sequence

Session 7 – Phase Three: Pre-Arrest Screening (40 Minutes)

Learning Objectives

Upon completing this session, the participant will be able to:

• Describe the role of psychophysical and preliminary breath tests
• Define and describe the concepts of divided attention and nystagmus
• Discuss the advantages and limitations of preliminary breath testing
• Discuss the arrest decision proces

CONTENT SEGMENTS

A. Overview: Tasks and Decision

B. Gaze Nystagmus – Definition

C. Horizontal Gaze Nystagmus – Definition, Concepts, Demonstration

D. Vertical Gaze Nystagmus – Definition, Concepts, Demonstration

E. Divided Attention Tests: Concepts, Examples, Demonstration

F. Advantages and Limitations of Preliminary Breath Testing

G. The Arrest Decision

Session 8 – Concepts and Principles of the Standardized Field Sobriety Tests (SFSTs) [3 Hours 20 Minutes]

Learning Objectives

Upon successfully completing this session, the participant will be able to:

• Discuss the development and validity of the research and the standardized elements, clues, and interpretation of the three Standardized Field Sobriety Tests (SFSTs)
• Discuss the types of nystagmus and their effects on the Horizontal Gaze Nystagmus (HGN) test
• Discuss and properly administer the three SFSTs
• Discuss and properly recognize the clues of the three SFSTs
• Describe in a clear and convincing manner and properly record the results of the SFSTs on a standard note-taking guide
• Identify the limitations of the three SFSTs

CONTENT SEGMENTS

A. Overview: Development and Validation

B. SFST Field Validation Studies

C. Horizontal Gaze Nystagmus

D. Vertical Gaze Nystagmus

E. Walk and Turn

F. One Leg Stand

G. Taking Field Notes on the Standardized Field Sobriety Tests

Session 9 – Test Battery Demonstrations (40 Minutes)

Learning Objectives

Upon successfully completing this session, the participant will be able to:

• Demonstrate the appropriate administrative procedures for the Standardized Field Sobriety Tests (SFSTs)

CONTENT SEGMENTS

A. Live Classroom Demonstrations

Introduction to Drugged Driving (4 Hours)

Learning Objectives

At the conclusion of this session, participants will be able to:

• Define the term “drug”
• Describe in approximate, quantitative terms the incidence of drug involvement in motor vehicle crashes and in DWI enforcement
• Name the categories of drugs
• Describe the observable signs usually associated with the drug categories
• Describe medical conditions and other situations that can produce similar signs
• Describe appropriate procedures for dealing with drug- or medically impaired subjects

CONTENT SEGMENTS

A. Overview

B. Eye Examinations: Detecting Signs of Drug Influence

C. Medical Conditions That May Mimic Drug Impairment

D. Drug Categories and Their Observable Effects

E. Combination of Drugs

F. Dealing with Suspected Drug Influence or Medical Impairment

Session Purpose

A. Overview

The purpose of this session is to improve participants’ ability to recognize subjects who may be medically impaired or impaired by drugs other than alcohol and, when you encounter such subjects, take appropriate action.

It is important participants be able to recognize subjects who may be under the influence of other drugs, so they will know when to summon assistance from physicians or other appropriate persons or trained Drug Recognition Experts (DREs).

Closing

Although this course is not designed to qualify participants as a DRE, it is intended to make them more knowledgeable when encountering drivers impaired by substances other than alcohol.

Participants will receive a certificate of course completion, DWI Detection and Standardized Field Sobriety Testing (SFST) Participant Manual Revised: 02/2018 (hard copy), and flash drive loaded with bonus DUI material including NHTSA'S Standardized Field Sobriety Testing (SFST) Participant and Instructor Revised: 02/2018 Manuals, NHTSA's 2018 Advanced Roadside Impaired Driving Enforcement (ARIDE) Participant and Instructor Revised: 02/2018 Manuals, Drug Recognition Expert Course Student Manual and Instructor Guide Revised: 02/2018, SFST validation studies, therapeutic drug level charts, and CLE credits (optional).

Speakers: Tony Corroto and Dr. Lance A. Platt