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What are SFSTs designed to assess?
Impairment
Are SFSTs designed to identify a specific drug category?
No
What does HGN stand for?
Horizontal Gaze Nystagmus
How many total HGN clues exist?
6
How many HGN clues indicate likely impairment?
4 of 6
What are the three HGN clue categories?
Lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, onset of nystagmus prior to 45 degrees
What should be checked before HGN begins?
Equal pupil size, equal tracking, resting nystagmus, medical conditions/head injuries, ability to follow stimulus
How far should the HGN stimulus be held?
12–15 inches from the face and slightly above eye level
How long should maximum deviation be held during HGN?
Approximately 4 seconds
What is lack of smooth pursuit?
The eyes jerk instead of smoothly tracking the stimulus
What is distinct and sustained nystagmus at maximum deviation?
Visible jerking when eyes are held at maximum deviation
What is onset of nystagmus prior to 45 degrees?
Eye jerking begins before the eye reaches 45 degrees
What environmental factors can affect SFSTs?
Uneven pavement, weather, lighting, fatigue, injuries, footwear, age, medical conditions
Why is level ground important during SFSTs?
To reduce environmental factors affecting performance
What are the 8 Walk-and-Turn clues?
Cannot keep balance during instructions, starts too soon, stops while walking, misses heel-to-toe, steps off line, uses arms for balance, improper turn, incorrect number of steps
How many Walk-and-Turn clues indicate likely impairment?
2 or more
What constitutes “uses arms for balance” on Walk-and-Turn?
Arms raised more than approximately 6 inches from sides
What is the instructional position for Walk-and-Turn?
Heel-to-toe stance with arms at sides
What is considered missing heel-to-toe?
Gap greater than approximately one-half inch
What are the four One-Leg Stand clues?
Sways while balancing, uses arms for balance, hopping, puts foot down
How many One-Leg Stand clues indicate likely impairment?
2 or more
How long is the One-Leg Stand test timed for?
Approximately 30 seconds
What is the purpose of divided-attention tests?
To divide mental and physical attention simultaneously
Can emotional distress affect SFST performance?
Yes
Can fatigue affect SFST performance?
Yes
Can injuries affect SFST performance?
Yes
Can uneven pavement affect SFST performance?
Yes
What should an officer do if a subject claims injury?
Request medical evaluation if appropriate
Why was EMS requested in the Grace Behrend case?
Because she claimed she struck her head
What did EMS determine in the Grace Behrend case?
No significant injuries and she was cleared
What did the PBT show in the Grace Behrend case?
0.00 alcohol
Does a 0.00 PBT eliminate drug impairment?
No
What medications did Grace Behrend report taking?
Tizanidine, Lithium, Duloxetine, Adderall, Valium
What admission did Grace Behrend make regarding the crash?
She stated she was applying lip gloss while driving
Can distraction and impairment coexist?
Yes
What was the basis for probable cause in the Grace Behrend case?
Totality of circumstances and impairment indicators observed
What are examples of impairment indicators?
Poor balance, bloodshot watery eyes, SFST clues, delayed comprehension, divided attention impairment
Why is “totality of circumstances” important?
It explains that probable cause is based on all observations collectively
What is a good courtroom phrase for DUI probable cause?
Based on the totality of the circumstances and impairment indicators observed
Should officers volunteer extra information on the stand?
No
What should an officer do if they do not remember something?
State “I do not recall”
What should an officer avoid doing during testimony?
Guessing, arguing, rambling, volunteering information
How should an officer answer questions during cross examination?
Short, direct, truthful answers
Why is honesty important on the stand?
Credibility is critical to testimony
What is a strong answer if asked whether this was your first DUI?
I was trained and qualified to administer SFSTs and followed my training
What is a strong answer if asked whether you are a DRE?
I am not a DRE. I can testify to the impairment indicators I observed
What is a strong answer if asked about alternative causes for impairment indicators?
I considered those possibilities and continued my investigation based on the impairment indicators observed
What is a defense attorney trying to do during cross examination?
Test credibility, consistency, training, and observations
Why is concise testimony important?
Long answers create opportunities for cross examination
What should an officer focus on during testimony?
Observations and actions taken