The virtual library is full of useful information. We have all the SFST manuals, and have added the 2015 update. The NHTSA SFST manual on DWI Detection and Standarized Field Sobriety Testing is one of our best tools.
I have found that the way the officers are instructed to investigate a DUI case is much different than how they actually conduct the investigation in the field. The NHTSA manual lays it all out on what they should be doing. Some of the most helpful sections are the Vehicle in Motion and Personal Observation.
Both of these sections will give the practioner a fountain of informaiton on all the things the officer didn’t see, and all the reasons why your client was sober. The Pre-Arrest Screening, also sets forth the standards of proper administration of the Field Sobriety Tests.
And in the 2015 SFST Manual they placed back in the language we all loved to beat them with. It is necessary to emphasize this validation applies only when:. The tests are administered in the prescribed, standardized manner,. The standardization clues are used to assess the suspect’s performance,. The standardization criteria are employed to interpret that performance. If any one of the SFST elements is changed, the validity may be compromised. This was so important, they moved it up in the manual.
Find it here. © 2018 Island Law Office, PC, LLO All Rights Reserved, The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Address: Toll Free (844) 236-3440 Tel: (308) 633-4040 Fax: (308) 633-4044 Email: Gering, Nebraska based attorney practicing in Nebraska and surrounding areas which include the cities of Alliance, Bridgeport, Chappell, Chardon, Gering, Gordon, Harrisburg, Harrison, Hyannis, Kimball, Rushville, Scottsbluff, Sidney, Oshkosh and the communities that make up Banner, Box Butte, Cheyenne, Dawes, Deuel, Garden, Grant, Kimball, Morrill, Scotts Bluff, Sheridan, Sioux counties in Nebraska.
March 1999 U.S. Department of Transportation National Highway Traffic Safety Administration 400 Seventh Street, S.W., Washington, DC 20590 STANDARDIZED FIELD SOBRIETY TEST (SFST) VALIDATED AT BACS BELOW 0.10 PERCENT Beginning in 1975, the National Highway Traffic Safety Administration (NHTSA) sponsored research that led to the development of standardized methods for police officers to use when evaluating motorists who are suspected of Driving While Impaired (DWI). In 1981, law enforcement officers from across the United States began using NHTSA's Standardized Field Sobriety Test (SFST) battery to help make arrest decisions at and above the 0.10 percent blood alcohol concentration (BAC). In recent years, 16 states have lowered their BAC limits below 0.10 percent, thus raising the question of how well the SFST can identity motorists suspected of driving with BACs less than 0.10 percent. Furthermore, the standard for Commercial Driver License holders is set nationally at 0.04 percent. Anacapa Sciences, Inc.
Of Santa Barbara, California conducted a study to validate the accuracy of the SFST battery to discriminate above or below 0.08 and above and below 0.04 percent blood alcohol concentrations. The SFST Battery The SFST battery consists of three tests administered and evaluated in a standardized manner by law enforcement officers at roadside to assist them in making an arrest decision. Horizontal gaze nystagmus (HGN) is an involuntary jerking of the eyes that occurs as the eyes move to the side.
When a person has consumed alcohol, nystagmus is exaggerated and may occur at lesser angles depending on the degree of impairment. The Walk and Turn and One-Leg Stand tests require a person to listen to and follow instructions while performing simple physical movements. Since these tests are alcohol sensitive, impaired persons have difficulty with these divided attention tasks. During the tests officers observe and record clues which are indicators of impairment. SFST Scoring at 0.08 and 0.04 Percent BACs Seven experienced officers of the San Diego Police Department's alcohol enforcement unit, trained in the administration of the SFST battery, collected SFST data during routine patrols. SFST scoring was adjusted to test its accuracy at the lower BAC levels of 0.08 and 0.04.
In this validation, observing four clues for horizontal gaze nystagmus indicated a BAC at or above 0.08 percent, and two HGN clues indicated a BAC at or above 0.04 percent. The scoring was not modified for the other two SFST tests. During routine patrols, the officers administered the SFSTs and completed a data collection form for each test they administered.
The officers' final step in each case was to administer an evidential breath test to get a BAC measurement. SFSTs Accurate at Lower BAC Levels The officers administered a total of 298 SFST tests during the study. Only one case was eliminated from the analysis because the motorist refused all forms of BAC testing. Using the SFSTs, the officers were extremely accurate in discriminating between BACs above and below 0.08 percent. Estimates at the 0.08 level were accurate in 91 percent of the cases, or as high as 94 percent if explanations for some of the false positives are accepted. Officers' estimates of whether a motorist's BAC was above 0.04 but below 0.08 were accurate in 94 percent of the decisions to arrest and in 80 percent of the relevant cases, overall. The table below shows the decision matrix at 0.08 or above BAC comparing measured BACs to the officers' estimated BAC level from the SFST.
The officers' estimates were accurate in 91 percent of the cases overall (that is, 210+59/297). They were 90 percent accurate in 'yes' decisions (210/234) and 94 percent accurate in 'no' decisions (59/63). Decision Matrix at 0.08 BAC Officer's Estimated BACs Measured BAC.08 Total.08 n= 4 n= 210 n= 214 0.04 Total.04.