sfst: standard field sobriety test

There are only three field sobriety tests that are actually endorsed by the National Highway Safety Administration (NHTSA) to aid police officers in evaluating a driver's likelihood of impairment. San Diego DUI Attorney Darren Kavinoky is certified as both Administrator and INSTRUCTOR in the three recognized tests; Horizontal Gaze Nystagmus, Walk and Turn test, and One Leg Stand. Police officers use these test to establish probable cause. Unless you are under 21 years of age or otherwise bound by a court order to submit to field testing, we strongly advise you decline to participate in roadside coordination and balance testing, which are completely voluntary for California drivers over age 21.

horizontal gaze nystagmus (hgn) sfst

Horizontal Gaze Nystagmus or HGN is defined as the involuntary jerking of the eye. Alcohol affects automatic tracking mechanism of the eyes and causes a jerking (nystagmus) of the eye as it moves from side to side.

horizontal gaze nystagmus instructions

1. I am going to check your eyes. (Please remove your glasses)

2. Keep your head still and follow the stimulus with your eyes only.

3. Do not move your head.

4. Do you understand the instructions?

signs of intoxication:

A. Angle of onset of HGN

B. The ability of the eye to follow smoothly and

C. The extent of nystagmus at the maximum lateral deviation.

The three clues police use to detect HGN in each eye:

1. Lack of smooth pursuit.

2. Distinct and sustained Nystagmus at maximum deviation.

3. Onset of Nystagmus prior to 45 degrees.

Three clues in each eye, total of six clues. 4 clues constitute a 77% likelihood of impairment in lab studies. HGN occurs not only in the presence of alcohol, but also in the presence of other impairing substances.

Usually when a person's BAC is in the range of 0.10 percent, the jerking will begin before the eyeball has moved 45 degrees to the side. Higher BAC will cause jerking at smaller angles.

walk and turn sfst

During the Walk and Turn test, the suspect is given detailed, standardized instructions for walking nine heel-to-toe steps along a line, turning, and returning along the line in the same manner.

police instructions for walk and turn test

1. Place your left foot on the line and your right foot in front of it with your right heel touching your left toe.

2. Keep your hands at your side. (He or she demonstrates)

3. Do not start until I tell you to

4. Do you understand the directions?

5. When I tell you to begin, take nine heel-to-toe steps on the line, turn around keeping one foot on the line, and return nine heel-to-toe steps. (Demonstrates three heel-to-toe steps)

6. On the ninth step, keep the front foot on the line and turn by taking several small steps with the other foot (Demonstrates turn)

7. While Walking, watch your feet at all times, keep arms at side, count steps out loud. Once you begin, do not stop until test is completed

8. Do you understand the directions?

9. You may begin the test.

The score for this test reflects on an individual's ability to attend to and remember specific instruction as well as to balance and walk.

sdpd checklist to determine positive dui

1. Loses Balance During Instructions

2. Starts before Instructions are finished

3. Stops while walking

4. Doesn't touch heel-to-toe

5. Steps off Line

6. Uses arms for balance

7. Loses balance while turning/incorrect turn

8. Incorrect number of steps

one leg stand sfst

The One-Leg Stand test is a balance test that requires the individual to stand with his/her arms at his side and to lift one leg approximately six inches off the ground. He is instructed to look at the raised foot and to maintain the stance while counting one thousand-one, one thousand- two, etc until told to stop.

san diego police officer's one leg stand instructions

1. Stand with your heels together and your arms at your side. (Demonstrates)

2. Do not begin the test until I tell you to

3. Do you understand?

4. When I tell you to, I want you to raise one leg, either leg, approximately six inches off the ground, foot pointed out. Keep both legs straight and keep your eyes on the elevated foot.

5. While holding that position, count out loud; one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop (Demonstrates raised leg and count)

6. Do you understand the instructions?

7. You may begin the test

one leg stand behaviors police are trained to observe as positive for impairment

1. Sways while balancing

2. Uses arms for balance

3. Hopping

4. Puts foot down

police view two clues constitute a 65% likelihood of dui

Indiana case, State vs. Cooper held that HGN is admissible into evidence. Cooper requires a testing officer to show that he or she has education and training in administering the test and to show that the procedure utilized was properly administered. This testimony of the testing officer, in and of itself, is the necessary foundation for the admission of HGN test results.

1997 Florida Validation Study:

Determined that officers' estimates of whether a driver's BAC was above or below 0.08% or 0.04% were found to be more than 90% accurate.

1998 Stuster & Burns Study:

Determined the accuracy of the Standard Field Sobriety Tests.

HGN: 88%

Walk and Turn: 79%

One Leg Stand: 83%

DRT: Drug Recognition Tests used by San Diego Police Officers

The DRE or Drug Recognition Expert's behavior based evaluation includes the following steps and questions:

Interview with the Subject:
Did the person make an unusual action or statement? Did the subject say anything about drugs? Did you see any drug paraphernalia or injection sites?

Eye Exam of the Subject:
Did the person have equal pupil size, equal tracking of pupils? Did they show any signs of Horizontal or Vertical Gaze Nystagmus?

Divided Attention Tests:
When performing the SFST, did the person have trouble with balance or exhibit a body sway?

Muscle Tone:
Are the subjects muscles rigid or flaccid?
PCP, Hallucinogens and high doses of stimulants cause muscle rigidity.
Flaccidity can be caused by depressants, narcotics and inhalants.

In addition to the Standard Field Sobriety Tests, San Diego police officers suspecting certain drug use can perform the Romberg Balance Test.

romberg balance test

Tests a subjects "internal" clock.
Certain drugs cause either an accelerated internal clock or a slow internal clock.

Slow:Depressants, PCP and THC

Accelerated: Stimulants

SAN DIEGO DUI Administrative Procedures:

1. Stand with feet together

2. Arms at side

3. Watch me and listen while given instructions

4. Tilt head back slightly, close eyes

5. Estimate 30 seconds

6. Open eyes, tilt head forward and say stop

7. Ask suspect "How much time was that?"

It is mandated that the arresting officer be aware that some medical conditions can be mistaken for alcohol or drug impairment: (e.g., Head Trauma, Stroke, Diabetes. A police officer must take medical action if the subject does not appear to be impaired by drugs or alcohol.