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Top 3 Sobriety Tests

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Top 3 Sobriety Tests- Number 2
Regina Kirkpatrick
CRJ 311: Forensics
Instructor: Ginger Devine
1/23/2016

Top 3 Sobriety Tests- Number 2 The Standard Field Sobriety Tests (SFST) are three tests conducted and analyzed in a regulated manner by law enforcement officers in the field (or roadside) to aid them in making a decision in regards to arrest. . Horizontal gaze nystagmus (HGN) is an involuntary jerking of the eyes that happens as the eyes move to the side. When a person has had alcohol, this is exaggerated and can happen at lesser angles depending on the amount of impairment. The Walk and Turn and One-Leg Stand tests necessitates someone to pay attention, listen to and follow instructions while responding to basic physical movements. These tests have shown to be alcohol sensitive, therefore, those who are impaired will have trouble with these divided attention tasks. While the tests are being done, the officers take note of clues that are signals of impairment. However, before these tests are given, there is generally probable cause as to why the officer feels the need to investigate. The video in consideration for this paper is Top 3 Sobriety Tests- number 2. This is a short recording of an officer performing a field test on a woman whom he had pulled over in suspicion of driving under the influence. It is obvious by the woman’s driving that something is going with her due to the fact that she is swerving all over the road and this is what gets the officer’s attention. This is a probable cause for suspicion of driving under the influence (Traffic Resource Center, n.d.). He pulls behind her and turns his lights on, but she does not even notice him for a bit before she finally pulls over. When he approaches the vehicle, the woman forgets to put the car in park and is rolling toward the officer. After telling her repeated to put the vehicle in park, she finally realizes that she had not. He has her step out of the vehicle and he observes her inability to stay focused, he directs her to an area to begin administering the SFST. Before she can begin, she bends over to tie her shoe and falls over. Before having her begin the Walk and Turn Test, he gives her the instructions of what to do: take nine heel-to-toe steps and turn and come back. The woman fails this test and is arrested for suspicion of driving under the influence. How the officer responds and handles a suspicion of DUI is very relevant for court purposes. The steps he took were suspicion due to her driving ability. Then, observation of the woman after she is pulled over and is given the Walk and Turn Test. She had said she did not have anything to drink. It appears more so that she did, but possibly a newly prescribed medication could cause some of these symptoms. In either case, she would be too impaired to safely operate a vehicle. In every state, it is illegal to be driving under the influence; however, this does not only pertain to alcohol. It is illegal to drive a vehicle with any impairment caused by intoxicants. Intoxicants include alcohol, scheduled controlled substances or both. When someone is arrested for suspicion of DUI, it is due to the conclusion made by the officer, after observations and the SFST have been performed. These tests hold merit in this conclusion. Operating a motor vehicle requires multi-tasking and eye-hand-foot coordination. These tests detect the amount of these skills on an elementary level. If these tests cannot be passed, then it would be very hard to safely operate a vehicle. A child jumping out in from of a vehicle already had its challenges on an alert driver, let alone someone under the influence. As in any tests, the SFST are not infallible and 100% accurate. In 1998, the National Highway Traffic and Safety Administration funded a study validating the SFST at Blood Alcohol Concentration (BAC) of below .10%. This report is used as standard for law enforcement nationally, however, it was challenged as to its accuracy. The conclusions stated that the accuracy of SFST defends on level of BAC and Measured Blood Alcohol Concentration (MBAC). The officer’s accuracy of estimating BAC over .08 was dependent on the MBAC. The accuracy of the tests was 80% if MBAC was lower than .04%. The accuracy increased to 90% for those who MBAC was greater than .09%. On the contrary, the predictability was only 30-60% for those who had a MBAC between .06-.08% (Hlastala, Pollisar & Oberman, 2005). Each of the SFST tests carries its own accuracy. Because of the variance between MBAC, it is important, when possible, to get results from more than one test and get a combine score. The goal of the officers and the tests is the safety of others. Whether someone has too much to drink, is under the influence of a controlled substances, or has a reaction to prescribed medication caution needs to be taken before operating any type of heavy machinery, namely a vehicle.

References
CopsCarsandCrashes. (2009, February 8). Top 3 sobriety tests – number 2 [Video clip]. Retrieved from http://www.youtube.com/watch?v=jydBvk7R5wU&feature=youtu.be
Hlastala, M., Pollisar, N., & Oberman, S. (2005). Statistical Evaluation of Standard Field Sobriety Tests. Retrieved from http://www.mphlastala.com/jfssfst.pdf
Traffic Resource Center (unknown).Reasonable Suspicion: Probable Cause for DUI Stop. Retrieved from http://home.trafficresourcecenter.org/Impaired-Driving/Reasonable- Suspicion-Probable-Cause-for-DUI-Stop.aspx

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