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10. Intoxicated Driver and Standardized Field Sobriety Testing

10. Intoxicated Driver and Standardized Field Sobriety Testing. TCLEOSE LEARNING OBJECTIVES 07/29/04. Unit Goal: 10.1. Demonstrate and apply a working knowledge of the detection, apprehension and arrest of the intoxicated driver.

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10. Intoxicated Driver and Standardized Field Sobriety Testing

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  1. 10. Intoxicated Driver and Standardized Field Sobriety Testing TCLEOSE LEARNING OBJECTIVES 07/29/04

  2. Unit Goal: 10.1. Demonstrate and apply a working knowledge of the detection, apprehension and arrest of the intoxicated driver.

  3. 10.1.1. Explain the laws related to driving while intoxicated and related offenses.

  4. Laws for DWI and related offenses: • Definitions - PC 49.01 • Alcohol concentration - PC 49.01(1) also TC 522.003(2) • Intoxicated - PC 49.01(2) • Motor vehicle - PC 49.01(3) • Watercraft - PC 49.01(4)

  5. Consumption or possession of alcoholic beverage in motor vehicle PC 49.03 • Driving while intoxicated PC 49.04 • Flying while intoxicated PC 49.05 • Boating while intoxicated PC 49.06 • Intoxication assault PC 49.07 • Intoxication manslaughter PC 49.08 • Enhanced offenses and penalties PC 49.09 • Officers duties for driver’s license suspension TC 524.011

  6. 10.1.2. Discuss the development of “reasonable suspicion” for the intoxicated driver stop/temporary detention. Refer to “Arrest, Search & Seizure” cases applicable to temporary detention.

  7. Temporary Detention to investigate the possibility of DWI determined by:

  8. Characteristics of vehicle operation.... • Weaving - lane-to-lane or bumping curb • Inconsistent speed fast and slow • Driver has fixed stare • Stops past or short of designated point at sign or signal • Fail to dim headlights • Wrong side of roadway or off pavement • Cut corner or left turn - wide right turn

  9. Observation after stop • General appearance of driver - clothing, hair, eyes • Physical action of driver-balance, speech, walking (stagger, slow, unsure) turning (holds to something, trips on own feet), stepping on or off curb (unsure) • Attitude of driver - nervousness, resistant, cockiness, extra cheerful - everything is funny, sad, depressed, drowsy • Condition of vehicle - disarray of vehicle interior, damage to vehicle, mechanical defects (did they cause erratic driving) alcoholic beverages, drugs, or containers (poor evidence but might be grounds for questioning)

  10. Probable Cause needed to arrestReasonable Suspicion to stop

  11. 10.1.3. Describe standardized field sobriety testing methods and determine when chemical tests can be requested.

  12. Field Tests • Horizontal gaze Nystagmus • Index finger to nose test • Walk heel to toe test • One leg stand test • Modified position of attention test

  13. If a person is obviously intoxicated, do not give test which could result in injury.

  14. Diabetes, epilepsy, shock, and other pathological conditions have symptoms similar to intoxication. Rule out these other possibilities before categorizing someone as intoxicated.

  15. Chemical Tests • Applicability TC 724.002 • Consent to taking of specimen TC 724.011 • Taking of specimen TC 724.012 • Prohibition on taking specimen if person refuses; exception TC 724.013 • Person incapable of refusal TC 724.014 • Information provided by officer before requesting specimen TC 724.015

  16. Breath specimen TC 724.016 • Blood specimen TC 724.017 • Furnishing information concerning test results TC 724.018 • Additional analysis by request TC 724.019 • Statement requested on refusal TC 724.031 • Officer’s duties for license suspension; Written refusal report TC 724.032

  17. 10.1.4.Recognize and prepare necessary forms concerning the intoxicated driver. • The DIC-24 form • The DIC-23 form • The D.W.I. case report form • The T.L.E.-51 form

  18. Forms

  19. 10.1.5. Identify the laws regarding allowing dangerous drivers to borrow motor vehicles and forfeiture. • Allowing dangerous driver to borrow motor vehicle TC 705.001 • Forfeiture of vehicle TC 704.001

  20. Unit Goal 10.2. Demonstrate and apply a working knowledge of Standardized Field Sobriety Testing (SFST) techniques.

  21. 10.2.1. State the goals and objectives of the course.

  22. 10.2.2. Describe the course schedule and activities.

  23. 10.2.3. Demonstrate their pre-training knowledge of course topics.

  24. Unit Goal 10.2. Detection and General Deterrence

  25. 10.2.1. Describe the frequency of DWI violations and crashes.

  26. 10.2.2. Define General Deterrence.

  27. 10.2.3. Describe the relationship between Detection and General Deterrence.

  28. 10.2.4. Describe a brief history of alcohol.

  29. 10.2.5. Identify common alcohol types.

  30. Describe the physiologic processes of absorption, distribution and elimination of alcohol in the human body.

  31. Unit Goal 10.3. The Legal Environment

  32. 10.3.1. Discuss all elements of DWI Offenses.

  33. 10.3.2. Discuss the provisions of the implied consent law.

  34. 10.3.3. Discuss the relevance of chemical test evidence.

  35. 10.3.4. Discuss precedents established through case law.

  36. Unit Goal 10.4. Overview of Detection, Note Taking and Testimony

  37. 10.4.1. Describe the three phases of detection.

  38. 10.4.2. Describe the tasks and key decision of each phase.

  39. 10.4.3. Discuss the uses of a standard note taking guide.

  40. 10.4.4. Discuss guidelines for effective testimony.

  41. Unit Goal 10.5. Phase One: Vehicle in Motion

  42. 10.5.1. Identify typical cues of Detection Phase One.

  43. 10.5.2. Describe the observed cues clearly and convincingly.

  44. Unit Goal 10.6. Phase Two: Personal Contact

  45. 10.6.1. Identify typical clues of Detection Phase Two.

  46. 10.6.2. Describe the observed clues clearly and convincingly.

  47. Unit Goal 10.7. Phase Three: Pre-Arrest Screening

  48. 10.7.1. Describe the role of psychological and preliminary breath tests.

  49. 10.7.2. Describe the concepts of divided attention and nystagmus.

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