Overview of Detection, Note Taking, and Testimony DWI Detection and Standardized Field Sobriety Testing

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

No – Don’t do it

• Phase One: No, there are no grounds

for stopping that vehicle

• Phase Two: No, there isn't enough

evidence of DWI to justify administering

field sobriety tests

• Phase Three: No, there is not sufficient

probable cause to believe this driver

has committed DWI

Possible Outcomes

4-10

Don't Do It:

Phase One: No, there are no grounds for stopping that vehicle.

Phase Two: No, there isn't enough evidence of DWI to justify administering field

sobriety tests.

Phase Three: No, there is not sufficient probable cause to believe this driver has

committed DWI.

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

The Arrest Decision is Based on

All Evidence Accumulated During

All Three Detection Phases

Initial Observation of

Vehicle Operation

Face to Face

Observation

and

Interview

Psychophysical

Tests

Preliminary

Breath Tests

Observation

of the

Exit

Observation of

the Stop

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Officer Responsibility

In each phase of detection, you must determine whether there is sufficient evidence to

establish the "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 gathered.

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Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

• What is the vehicle doing?

• Do I have grounds to stop the vehicle?

• How does the driver respond to my signal

to stop?

• How does the driver handle the vehicle

during the stopping sequence?

DWI Detection – Phase One

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DWI Detection – Phase One

Answers to questions like these can aid you in DWI detection.

Phase One:

• What is the vehicle doing?

• Do I have grounds to stop the vehicle?

• How does the driver respond to my signal to stop?

• How does the driver handle the vehicle during the stopping sequence?

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Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

• Vehicle approach: What do I see?

• Talking with driver: What do I hear, see and

smell?

• How does the driver respond to questions?

• Should I instruct the driver to exit vehicle?

• How does the driver exit?

• When the driver walks toward the side of

the road, what do I see?

DWI Detection – Phase Two

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Phase Two:

• When I approach the vehicle, what do I see?

• When I talk with the driver, what do I hear, see and smell?

• How does the driver respond to my questions?

• Should I instruct the driver to exit the vehicle?

• How does the driver exit?

• When the driver walks toward the side of the road, what do I see?

Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

• Should I administer field sobriety tests to the

driver?

• How does the driver perform those tests?

• What exactly did the driver do wrong when

performing the tests?

• Do I have probable cause to arrest for DWI?

• Should I administer a preliminary breath test?

• What are the results of the preliminary breath

test?

DWI Detection – Phase Three

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Phase Three:

• Should I administer field sobriety tests to the driver?

• How does the driver perform those tests?

• What exactly did the driver do wrong when performing the tests?

• Do I have probable cause to arrest for DWI?

• Should I administer a preliminary breath test?

• What are the results of the preliminary breath test?

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Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

• Know what to look and listen for

• Ask the right kinds of questions

• Choose and use the right kinds of tests

• Make, interpret, and document all

observations thoroughly

• Be motivated and apply your knowledge

and skill whenever you encounter

someone who may be under the influence

Successful DWI Detection

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The most successful DWI detectors are those officers who:

• Know what to look and listen for

• Ask the right kinds of questions

• Choose and use the right kinds of tests

• Make, interpret, and document all observations thoroughly

• Are motivated and apply their knowledge and skill whenever they encounter

someone who may be under the influence

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Session 4 - Overview of Detection, Note Taking, and Testimony

DWI Detection and Standardized Field Sobriety Testing

• Graphically describe your observations

• Convey evidence clearly and

convincingly

• Field notes are only as good as the

information they contain

Note Taking and Testimony

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Note Taking and Testimony

A basic skill needed for DWI enforcement is the ability to graphically describe your

observations. Just as detection is the process of collecting evidence, description largely

is the process of conveying or articulating evidence.

Successful description demands the ability to convey evidence clearly and convincingly.

Your challenge is to communicate evidence to people who weren't there to see, hear

and smell the evidence themselves. Your tools are the words that make up your written

report and verbal testimony. You must communicate with the supervisor, the prosecutor,

the judge, the jury and even with the defense attorney. You are trying to "paint a word

picture" for those people, to develop a sharp mental image that allows them to "see"

what you saw; "hear" what you heard; and "smell" what you 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.Source: DWI Detection and

Standardized Field

Sobriety Testing