Standardized Field Sobriety Test Officers

Standardized Field Sobriety Test Officers

Note: Driving While Impaired (DWI) is the term used throughout this publication to refer to driving while under the influence of alcohol and/or drugs. This term is intended to cover Operating Under the Influence, Driving Under the Influence, Driving While Intoxicated, or whatever language is used in your jurisdiction.

Standardized Field Sobriety Tests (SFSTs) as promulgated by the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA) are not generally well known or understood by most jurors. They are, however, routinely used by law enforcement officers in Driving While Impaired (DWI)2 cases, and the arresting officer must be fully prepared to testify in court. Testimonial evidence in DWI cases is usually the only way to establish the fact that the accused was in fact the driver of the vehicle involved in the incident. The officer’s observations may be the only source for establishing that the accused was impaired.
Pre-trial Preparation

Preparation for testimony begins at the time of the incident and requires:

Recognizing significant evidence and documenting it in the field notes:
Observations of or witnesses to vehicle operation
Signs and symptoms of impairment
Statements by the defendant
Compiling complete and accurate notes
Preparing a complete and accurate report

Preparation for testimony continues prior to trial by:

Reviewing the case file
Discussing the case with other officers who witnessed the arrest or otherwise assisted in it
Mentally organizing the elements of the offense and the evidence that supports it
Mentally organizing the testimony to convey observations clearly and convincingly to the jury and judge

Once an officer receives a subpoena or other notification of a trial date, the officer should:

Obtain and review all records and reports
Revisit the scene if appropriate
Compare notes with assisting officers
Discuss the details of the case and testimony with the prosecutor assigned to the case
Make sure the prosecutor has been given copies of everything required by the law in your jurisdiction prior to trial (which may include handwritten notes, photographs, etc.)

Law Enforcement Officer Responsibility

In each phase of detection, you must determine whether there is sufficient evidence to establish “reasonable suspicion” necessary to proceed to the next step in the detection process. It is always your duty to carry out whatever tasks are appropriate, to make sure that all relevant evidence of DWI is brought to light.

The most successful DWI detectors are those officers who:

know what to look and listen for;
have the skills to ask the right kinds of questions;
choose and use the right kinds of tests;
fully document all verbal, visual, and sensory observations; and,
are motivated to apply their knowledge and skill whenever they contact someone who may be under the influence.

These officers are likely to make more arrests and help secure convictions.

Note-Taking Responsibility

A basic skill needed for DWI enforcement is the ability to graphically describe the officer observations. Just as detection is the process of collecting evidence, description largely is the process of conveying evidence. The officer challenge is to communicate evidence to people who weren’t there to see, hear, and smell the evidence themselves. The officer tools are the words that make up your written report and verbal testimony. The officer must communicate with the supervisor, the prosecutor, the judge, the jury, and even with the defense Attorney . The officer are trying to “paint a word picture” for these people, to develop a sharp mental image that allows them to “see” what you saw; “hear” what he heard, and “smell” what he smelled. Officers with the knowledge, skills, and motivation to select the most appropriate words for both written reports and courtroom testimony will communicate clearly and convincingly, making them more successful in DWI prosecution.

Main source: “DUI Case Preparation Manual for the Florida Law Enforcement Officer,” 2001 edition.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

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