DWI REFRESHER 

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Type I > DRE/Chemist

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Type II > administer, maintain, repair and conduct training for breath instrument

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Type III > can only administer breath instrument

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Specific reasons why suspect stopped

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Specific reasons why suspect operating vehicle

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Specific reasons why suspect was intoxicated including suspect’s general appearance & behavior

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 SFST’s administered >

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 SFST’s were administered in the following order > HGN, Walk & Turn, One Leg Stand

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SFST’s must be administered exactly as instructed by NHSTA approved by the Health Dept.

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Total SFST Training >

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 HGN training  >  (8 Hrs)

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 One Leg Stand training >

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 Walk & Turn training >

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 Total DWI stops & impairment found >

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 Total DWI stops & no impairment found >

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 When & how was suspect placed under arrest

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After arrest, suspect was read Miranda and consented to answer questions

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Implied Consent was read to suspect & suspect understood & consented or refused test

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Suspect asked and was given 20 minutes to call attorney or did suspect abandon attempt

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If refused, a Breathalyzer instrument printout was generated

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Breathalyzer training & permit valid >

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Breathalyzer instrument used, maintenance, reliability & accuracy documented

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Suspect had no foreign substances in mouth prior to and during 15-minute observation period

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The Ultimate question > was the suspect impaired to the degree that he/she lost the normal use of their mental/physical faculties.

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REMEMBER: The arrest report is not intended to list everything that happened during arrest, only the details that are pertinent to the officer’s decision to arrest the suspect

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BEWARE > MAKE SURE TIME USED ON ALL REPORTS IS FROM SAME CLOCK

DIVIDED ATTENTION TEST EXPLANATION

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SFST’s tests are divided attention tests used to determine an individual’s degree of impairment to perform the mental & physical activity required to drive unimpaired

NYSTAGMUS EXPLANATION

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Horizontal Gaze Nystagmus > involuntary jerking of eye balls move side to side

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 Vertical Gaze Nystagmus > involuntary jerking of eye balls gaze upward

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Resting Nystagmus > involuntary jerking of eye balls looking straight ahead

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Beware Fatique Nystagmus > eyes were not held out at max deviation more than 30 seconds

PRELIMINARY TESTING

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Suspect tested for medical disorders to determine if cause of driving impairment
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(Tests to determine if medical disorder present = eyes not tracking together (2 seconds each eye), pupils unequal in size, no resting nystagmus)

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Eye glasses off or hard contacts out (soft contacts will not interfere with test)

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Suspect told they should remove a 2 inch or more heeled shoe

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 Tests administered on level, hard, dry and non-slippery surface

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Tests administered out of passing traffic, direct light, including patrol car strobe & rotating lights

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Instructions given and suspect understood

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Suspect asked if any health problem, on medication & observe no physical injury

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Weather > no wind or dust present

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Didn’t see or smell on suspect’s person: paint, thinner, glue, mouthwash or breath-spray

HGN TEST FOUNDATION

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Define > involuntary jerking of the eye ball as they gaze toward the side

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 4 or more clues = substantial intoxication impairment  

(Clue 1) LACK OF SMOOTH PURSUIT

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Move object at extreme left of eye to center & extreme right of eye to center 2 seconds out & 2 seconds in

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2 passes over each eye

 (Clue 2) DISTINCT NYSTAGMUS @ MAX DEVIATION

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Left eye 1st > move object so white of eye not present

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Right eye 2nd> move object so white of eye not present

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2 passes over each eye

(Clue 3) ONSET NYSTAGMUS PRIOR TO 45 DEGREE ANGLE (outside shoulder)

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Left eye 1st > slowly moved object 4 seconds from center of eye to 45 degree angle

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Right eye 2nd> slowly moved object 4 seconds from center of eye to 45 degree angle

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2 passes over each eye

 (Clue 4) VERTICAL GAZE NYSTAGMUS

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Define > Involuntary jerking of eye ball when held 4 seconds in the up-most position

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Object held 12-15 inches in front of suspect’s nose slightly above eye level for 4 seconds (If  object moved 12  inches move 12 inches side to side and same if moved 15 inches)

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Test administered 2 times

WALK & TURN TEST

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Demonstrated test > min 3 heel-to-toe steps

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Suspect told to place right foot on line in front of left foot heel to toe

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Suspect told to keep arms down at side throughout entire test

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Suspect told keep position until told to begin test, do not start until told to do so

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Suspect asked & understands directions

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Suspect told to take 9 heel-to-toe steps, turn, and take 9 heel-to-toe steps back

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Demonstrated to suspect when turning around to keep front foot on line and turn by taking a series of small steps with other foot

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Suspect told when walking watch feet at all times and count steps out loud

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Suspect told once walking starts, not to stop until entire test completed

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Suspect told to begin test

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Clues may be observed during instructional stance vs. walking stage

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2 or more clues = substantial intoxication impairment

 ONE LEG STAND

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Demonstrated test

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Suspect told to keep legs straight & feet together & arms down at side

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Suspect told to stand in position and start test until told to do so

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 Asked suspect if understood instructions

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Suspect told to raise either leg 6 inches off ground and hold up foot pointed out for 30 seconds

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Suspect told to count one thousand one, one thousand two up to 30

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2 or more clues = substantial intoxication impairment