Law Enforcement Caselaw and Statutes: Participant Manual SFST – Session 12 Processing the Arrested Subject and Preparation for Trial Session 12 – Processing the Arrested Subject and Preparation for Trial DWI Detection and Standardized Field Sobriety Testing

Participant Manual SFST – Session 12

Processing the Arrested Subject and Preparation for Trial

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

Session 12

Processing the Arrested

Subject and Preparation

for Trial

1 Hour 30 Minutes

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Discuss the importance of correct

processing and report writing

procedures in DWI arrests

• Discuss the correct sequence of DWI

processing procedures

Learning Objectives

12-2

At the conclusion of this session, participants will be able to:

• Discuss the importance of correct processing and report writing procedures in DWI

arrests

• Discuss the correct sequence of DWI processing procedures

CONTENT SEGMENTS LEARNING ACTIVITIES

A. The Processing Phase Instructor Led Presentations

Video Presentation

B. Narrative DWI Arrest Report

C. Case Preparation and Pretrial Interactive Discussion

Conference Instructor Led Demonstrations

D. Guidelines for Direct Testimony Participant Presentations

The foundation for preparation and successful testimony is the relationship between the

law enforcement officer(s) involved with the arrest and the prosecuting attorney(s)

associated with the case. Effective communication and a clear understanding of each

group’s objectives and expectations is essential for successful prosecution.

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 2 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Discuss the essential elements of the

DWI arrest report

• Discuss the importance of pretrial

Conferences and presentation of

evidence in the DWI trial

Learning Objectives (Cont.)

12-3

• Discuss the essential elements of the DWI arrest report

• Discuss the importance of pretrial conferences and presentation of evidence in the

DWI trial

You, as the state’s primary witness, play an important part in illustrating to the judge/jury

the impairment of the defendant. In addition to verbal testimony, visual aids are often

helpful in painting the picture of the entire DWI detection process.

Visual aids engage the judge/jury and increase the retention of information. In addition,

it is important that you do not use legal, law enforcement or medical terms unless

absolutely necessary. The use of plain English assists the judge, jury and others

involved in the case to understand the specifics of all the testimony.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 3 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Relationship between the law

enforcement officer(s) involved with the

arrest and the prosecuting attorney(s)

• Communication

Foundation for Successful

Testimony

12-4

A. The Processing Phase

The foundation for preparation and successful testimony is the relationship between the

law enforcement officer(s) involved with the arrest and the prosecuting attorney(s)

associated with the case. Effective communication and a clear understanding of each

group’s objectives and expectations is essential for successful prosecution.

You, as the state’s primary witness, play an important part in illustrating to the judge/jury

the impairment of the defendant. In addition to verbal testimony, visual aids are often

helpful in painting the picture of the entire DWI detection process. Visual aids engage

the judge/jury and increase the retention of information. In addition, it is important that

you do not use legal, law enforcement or medical terms unless absolutely necessary.

The use of plain English assists the judge, jury and others involved in the case to

understand the specifics of all the testimony.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 4 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Be prepared to speak to the evidence

• Take time

• Listen

• Organize your response before answering

questions

Testimony

12-5

Since testimony constitutes the majority of time spent in trial, it is imperative that in

addition to effective communication techniques, the witness be well prepared to speak

to the evidence related to the case. Direct examination is your opportunity to tell the

story. It should be an exchange between the prosecutor and the law enforcement officer.

Take the time to think and make sure that you completely understand the question and

organize your response before you answer. NEVER answer a question that you do not

fully understand. Cross examination is NOT the time to showboat. Always, listen

carefully to the question and again make sure you completely understand the question

before you answer. If you do not understand the question, ask for clarification. If you are

not able to fully understand the question during direct or cross examination, it is

acceptable to say “I do not know,” “I cannot answer that question” or “I cannot answer

that question without further explanation.” Always make sure you listen closely to the

question and don’t answer a question you don’t understand.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 5 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Organize and present relevant evidence

on each element of the DWI violation

• All evidence must be compiled during the

three phases of detection

― Vehicle in motion

― Personal contact

― Pre-arrest screening

Successful Prosecution

12-6

The successful prosecution of a DWI case often depends upon the officer's ability to

organize and present all relevant evidence of each element of the DWI violation. Keep

in mind that virtually all of this evidence must be compiled during the three phases of

detection -- vehicle in motion, personal contact, and pre-arrest screening. The officer

must be able to establish the level of impairment at the time that the violation occurred,

therefore, observations are critical. Subsequent evidence of impairment, such as

chemical test result(s) and/or the evidence gathered during a drug evaluation will be

admissible only when a proper arrest has been made. The efforts expended in

detecting, apprehending, investigating and testing/evaluating the DWI offender will be of

little value if there is not sufficient evidence to prove every element of the violation.

No matter how much evidence you collect, if it is not presented clearly, completely, and

convincingly in court, the case may be lost. Therefore, it is essential that officers

develop the ability to write a clear, complete, and concise report describing their

observations and results. Additionally, the officer must be able to articulate that

information to the judge/jury.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 6 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Physical evidence

• Established facts

• Illustrative evidence

• Demonstrative evidence

• Written documentation

• Testimony

Types of Evidence

12-7

Evidence of a DWI violation may be of various types:

• Physical (or real) evidence: something tangible, visible, audible (e.g. a blood sample

or a partially empty can of beer).

• Well established facts (e.g. judicial notice of accuracy of the breath test device when

proper procedures are followed).

• Illustrative evidence: visual aids (e.g., photo of the crash scene, defendant, or

diagram of the roadway).

• Demonstrative evidence: demonstrations performed in courtroom (e.g., SFSTs or

other field sobriety tests).

• Written documentation (e.g. the citation, the alcohol influence report, the drug

evaluation report, evidential chemical test results, etc.).

• Testimony (the officer's verbal description of what was seen, heard, smelled, etc.).

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Must be able to establish and prove every

element of the offense

• Must establish proper procedures were

followed, including:

― Reasonable suspicion or another valid reason for

stopping/contacting the driver

Prosecutor

12-8

The prosecutor must be able to establish and prove every element of the offense. The

prosecutor also must establish that the proper procedures were followed, including:

There was a reasonable suspicion or another valid reason for stopping/contacting the

driver.

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 7 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Arrest procedures were followed

• Regard was given to the defendant’s

Miranda rights

• Subsequent observations/interview of the

defendant provided additional evidence

relevant to the offense

• Request for a chemical test

Proper Arrest Procedures

Followed

12-9

The prosecutor's case will largely be based upon the thoroughness of the officer's

investigation and the clarity of his/her testimony. While it is true that many items which

are critical to the prosecution are documented on special forms, the officer must keep in

mind that the prosecutor may not have the time to search out relevant facts. The

decision may be made to amend, reduce, or even dismiss the case on the basis of the

arrest report alone.

It is essential that the report clearly, completely, and accurately describe the total

sequence of events from the point the driver was first observed, through the arrest, the

chemical test, and subsequent release or incarceration.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 8 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Recognition and retention of facts that

establish reasonable suspicion to stop,

investigate further, and have probable

cause to arrest

• Detection evidence must establish each

element of the violation

• Recognize and recall facts and

circumstances

• Rely on your own field notes

Guidelines for Note Taking

12-10

Guidelines for Note Taking

One of the critical tasks in the DWI enforcement process is the recognition and retention

of facts that establish reasonable suspicion to stop the driver, investigate further, and

the probable cause to arrest persons for DWI. The evidence gathered during the

detection process must establish each element of the violation and must be

documented to support successful prosecution of the defendant. This evidence is

largely sensory (see, smell, hear) in nature and therefore is extremely short lived.

Law enforcement officers must be able to recognize and act on facts and circumstances

with which they are confronted. But the officer must also be able to recall those

observations, and describe them clearly and convincingly, to secure a conviction. The

officer is inundated with evidence of DWI (sights, sounds, smells, etc.) recognizes it,

and bases the decision to stop, investigate and arrest on their observations.

Since evidence of a DWI violation is short lived, police officers need a system and tools

for recording field notes at scenes of DWI investigations. Technological advances have

made it possible to use audio, video, and digital recorders in the field. They provide an

excellent means of documenting this short lived evidence. However, the vast majority of

officers must rely on their own field notes.

One way of improving the effectiveness of field notes is to use a structured note taking

guide. This type of form makes it very easy to record brief notes on each step of the

detection process and ensures that vital evidence is documented. Field notes provide

the information necessary for completion of required DWI report forms and assist the

officer in preparing a written narrative of the investigation. Since they can be used to

refresh the officer's memory, field notes could be useful if the officer is required to

provide oral testimony.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 9 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Inform the driver that they are under

arrest

• “Pat down” or frisk the defendant

• Handcuff the defendant

• Secure the defendant in the patrol vehicle

• Secure the defendant’s vehicle,

passengers, property

Processing Tasks

12-11

The Processing Phase of a DWI Enforcement incident is the bridge between arrest and

conviction of a DWI offender. Processing involves the proper assembly and

organization of all of the evidence obtained during the detection phase. This ensures

that the evidence will be available and admissible in court. Processing also involves

obtaining additional evidence, such as a chemical test or tests of the subject's breath,

blood, etc.

Typically, the processing phase may involve the following tasks:

• Inform the driver that they are under arrest.

• ”Pat down" or frisk the defendant.

• Handcuff the defendant.

• Secure the defendant in the patrol vehicle.

• Secure the defendant’s vehicle, passengers, property.

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Transport the defendant to an

appropriate facility

• Arrange for video recording (if

applicable)

• Advise the defendant of rights and

obligations under the implied consent

law

• Administer the evidentiary chemical

test(s)

Processing Tasks (Cont.)

12-12

• Transport the defendant to an appropriate facility.

• Arrange for video recording (if applicable).

• Advise the defendant of rights and obligations under the implied consent law.

• Administer the evidentiary chemical test(s).

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 10 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Advise the defendant of Constitutional

Rights (Miranda Admonition)

• Interview the defendant

• Incarcerate or release the defendant

• Complete the required reports

Processing Tasks (Cont.)

12-13

• Advise the defendant of Constitutional Rights (Miranda Admonition).

• Interview the defendant.

• Incarcerate or release the defendant.

• Complete the required reports.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 11 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Clarity and completeness of officer’s

observations

• Clear and concise report

• Reasonable grounds for arrest

• Proper arrest procedures

• Rights of accused

• Post-arrest evidence

• Proper request for chemical test(s)

• Chemical test result(s)

Essential Ingredients of

Prosecution’s Case

12-14

B. Narrative DWI Arrest Report

Report writing is an essential skill for a police officer. Good report writing becomes

second nature with practice. While there is no one best way to write an arrest report, it

is critical that the report be detailed regarding every phase of the detection and arrest

process. It is helpful to follow a simple format. Departmental policies and/or special

instructions or requirements of the prosecutor provide some guidance.

It is important for officers to understand the essential ingredients of the prosecution’s

case. Clarity and completeness of an officer’s observations and relaying this

information in a clear and concise report is critical. Additionally, an officer must be able

to establish that he/she had reasonable grounds for the arrest and followed proper

arrest procedures. Proper arrest procedures include advising the defendant of their

constitutional rights and gathering additional post arrest evidence. The admissibility of

chemical test evidence requires a proper request in accordance with your state’s

guidelines.

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• During the detection officer must

mentally note relevant facts to support

the decision to arrest

• Facts are recorded in field notes

• Field notes can be used to refresh

officer's memory when the formal

arrest/narrative report is prepared

• Follow departmental policies

Detection and Arrest

12-15

Detection and Arrest

During the detection phase of the DWI arrest process, the arresting officer must

mentally note relevant facts to support the decision to arrest.

These facts are then recorded in the form of field notes and can be used to refresh

officer's memory when the formal arrest/narrative report is prepared.

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 12 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Initial observation

• Vehicle stop

• Contact with driver

• Driving or actual physical control

Writing the Report

12-16

The following block outline format identifies some of the important components in a DWI

arrest/narrative report:

Initial Observations - Describe your first observations of the driver’s actions. What drew

your attention to the vehicle/driver? Your first observations are important because they

help establish your reasonable suspicion to stop. This should include details about the

driving before you initiated the traffic stop. Be sure to record the time and location of

the first event.

Vehicle Stop - Record any unusual actions taken by the driver. How did the driver react

to the emergency light and/or siren? How far did the driver travel after emergency

equipment was activated? How did the driver pull over? Was it a normal stop? Be

detailed and specific.

Contact With Driver - Record your observations of the driver's personal appearance,

condition of the eyes, speech, odors, inappropriate or inconsistent responses to

questions, etc. Record the name and condition of passengers in the vehicle and where

they were located. Describe any unusual actions taken by the driver or passengers.

Driving or Actual Physical Control - In some cases, you may not use the driving

behavior as the basis for the contact. Your first contact could result from a crash

investigation or a motorist assistance type of contact. Your observations and

documentation must establish that the driver was operating or in actual physical control

of the vehicle. You can use circumstantial evidence, such as seat belt marks,

ownership of the vehicle, location of the keys, admissions, witness statements, etc. to

establish this element.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 13 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Exit the vehicle

• SFSTs/Other field sobriety test

• Arrest

• Disposition of vehicle, people and

property

• Transport defendant

Writing the Report (Cont.)

12-17

Exit From Vehicle - Record your observations of the driver's exit from the vehicle and

include any unusual actions taken by the driver. Be specific about how the driver exits

the vehicle. For example: climbs out of the vehicle, uses the vehicle for support, leans

on the vehicle, walks slowly and/or deliberately, stumbles, etc.

Standardized Field Sobriety Tests - This should include specific details about the

validated clues noted during the test. It should also include all other observations made

during the SFSTs such as: did not follow directions, how quickly or slowly the driver

performed the test, etc.

Field Sobriety Tests - Describe the driver's actions when you administered other field

sobriety tests. Be specific.

Arrest - Document the arrest decision and ensure that all elements of the violation have

been accurately described.

Disposition/Location of Vehicle and Keys - Indicate where the vehicle was secured or

towed and the location of the keys. If the vehicle was released to another party or was

driven by a backup officer, record that fact.

Disposition of Passenger and/or Property - Ensure that passengers and property are

properly cared for.

Transport of Defendant - Describe where the defendant was transported for evidential

testing. Document time of departure and arrival. (This information can be obtained

from the radio log). Note any spontaneous or voluntary comments made by the

defendant.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 14 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Evidentiary test

• Implied consent/Miranda warning

• Witness’ statements

• Notifications

• Citation/Complaint

• Incarceration or release

• Additional chemical test

Writing the Report (Cont.)

12-18

Evidentiary Test - Document which test(s) were administered and by whom. Be sure to

include the evidential test(s).

Implied Consent/Miranda Warning - Document that the admonishments were given at

the appropriate point in the investigation.

Witness’ Statements - List all witnesses (including other officers), contact information,

and attach copies of their statements (if any). Additionally, make notes of any verbal

statements made by witnesses.

Notification of Defendant's Attorney or Other Party - Document the time and result of

defendant’s telephone call to an attorney or other party.

Citation/Complaint - Document that the traffic citation/complaint was issued at the

appropriate time, if applicable.

Incarceration or Release - Document the time and place of incarceration or the name

and address of the responsible party to whom the defendant was released. Be sure to

record the time.

Additional Chemical Test - If the defendant is authorized to request additional chemical

tests and does so, record the type of test, time administered, location, and party

administering the test.

The foregoing list is not intended to be all inclusive. In many cases, several points may

not be applicable and additional information not listed may apply.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 15 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Narrative does not have to be lengthy, but

it must be detailed and accurate

• Successful prosecution depends on your

ability to describe the events you

observed

Writing the Report (Cont.)

12-19

The narrative does not necessarily have to be lengthy, but it must be detailed and

accurate. Remember, successful prosecution depends on your ability to describe the

events you observed. Often a trial can be avoided (i.e., a defendant may plead guilty)

when you do a thorough job in preparing your arrest report.

A sample report providing an example of the block outline format is at the end of this

session.

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

Defendant: Eryn Greenfield Age:31

Date of Arrest: 4-14-XX

Time of Arrest: 9:20 PM

• Initial Observation:

• Defendant driving yellow Volkswagon

• Driving without headlights

• Right tires over solid fog line

• Wide right turn

• Struck curb when stopping

• Four lane roadway, clear, breezy, traffic light

DWI Incident Report

12-20

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Driver was sole occupant

• Passed over DL when looking

• Forgot to produce registration/insurance

• Odor of alcoholic beverage on breath,

eyes red and watery

• Admissions of drinking

• Stumbled over curb

Contact with Driver

12-21

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 16 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• HGN – Lack of smooth pursuit, distinct

nystagmus at maximum deviation, angle

of onset prior to 45 degrees in both eyes

• Walk and Turn – Lost balance , raised

arms for balance (2x), missed heel to toe,

10 steps, and improper turn

• One Leg Stand – Raised left leg, put foot

down on 1006 and 1009, skipped 1017,

raised right arm for balance, reached

1019 in 30 seconds

Field Sobriety Tests

12-22

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

Based on observations of the defendant’s

driving, physical appearance, and

performance of standardized field sobriety

tests, she was placed under arrest for DWI.

Field Sobriety Tests (Cont.)

12-23

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 17 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Use field notes to document evidence

• Accurately note statements and other

observations

• Review the case with other officers who

witnessed the arrest

• Collect and preserve all physical

evidence

• Prepare all required documents and a

narrative report

Case Preparation

12-24

C. Case Preparation and Pretrial Conference

As was discussed earlier in Session 4, case preparation begins with your first

observation and contact with the driver. It is essential that all relevant facts and

evidence are mentally noted and later documented in field notes, narrative report, or

other official forms.

Guidelines for Case Preparation

• Use field notes to document evidence.

• Accurately note statements and other observations.

• Review the case with other officers who witnessed the arrest or otherwise assisted

you and write down relevant facts.

• Collect and preserve all physical evidence.

• Prepare all required documents and a narrative report.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 18 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• It is essential that all reports be

consistent. Adequately explain

differences

• Upon receipt of a subpoena or other

notification of a trial date, review all

records and reports to refresh your

memory

• During discovery, list all evidence and

properly document it

Report Consistency

12-25

Remember, it is essential that all reports be consistent. If differences occur, be sure to

adequately explain them. The defense will try to impeach your testimony by pointing

out seemingly minor inconsistencies.

Preparation for Trial

Upon receipt of a subpoena or other notification of a trial date, review all records and

reports to refresh your memory. If appropriate, revisit the scene of the arrest. Compare

notes with assisting officers to ensure that all facts are clear.

During discovery, list all evidence and properly document it. Remember, evidence may

be excluded if proper procedures are not followed.

Attention to detail is very important.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 19 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Be prepared

• Discuss all evidence/conclusions

• Identify strengths and issues

• Review potential questions

• Identify defense challenges

Pretrial Conference

12-26

Successful prosecution is dependent upon the prosecutor's ability to present a clear and

convincing case based on your testimony, physical evidence, and supporting

evidence/testimony from other witnesses and/or experts.

If at all possible, arrange a pretrial conference with the prosecutor. In preparation for

the pretrial conference, you should review the entire case file. During the conference,

discuss with the prosecutor all evidence and all basis for your conclusions. If there are

strengths or issues in your case, bring them to the prosecutor's attention. Ask the

prosecutor to review the questions that will be asked on the witness stand. Point out

when you do not know the answer to a question. Ask the prosecutor to review

questions and challenges the defense attorney may use. Make sure your Curriculum

Vitae is current. Review your credentials and qualifications with the prosecutor.

If you cannot have a pretrial conference, try to identify the main points and weaknesses

about the case, and be sure to discuss these with the prosecutor during the few minutes

you will have just before the trial.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 20 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

Pretrial Conference

12-27

Video segment “Pretrial Conference”

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Describe in detail:

• Case facts

• All observations

• SFSTs clues/observations

• Be professional

• Use plain language

• Make eye contact with judge/jury

• Repeat important points

Direct Testimony

12-28

D. Guidelines for Direct Testimony

Your basic task is to establish the facts of the case:

That the subject was driving or in actual physical control of a vehicle on a highway or

other specified location within the court's jurisdiction and was impaired by alcohol and/or

other drugs.

In other words, to present evidence to establish reasonable suspicion for the stop,

probable cause for the arrest, and conclusive evidence regarding every element of the

offense.

Describe in a clear, detailed, and convincing manner all relevant observations during the

three detection phases and those subsequent to the arrest. Describe clearly how the

defendant performed (e.g., "stepped off the line twice on steps 2 and 4, raised the arms

on steps 5 and 7 going out and step 3 coming back, etc."). By presenting your

observations clearly and convincingly, you will allow the fact of the defendant's

impairment to speak for itself. Direct testimony should include all relevant information

about this incident.

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 21 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Describe in detail:

• Case facts

• All observations

• SFSTs clues/observations

• Be professional

• Use plain language

• Make eye contact with judge/jury

• Repeat important points

Direct Testimony (Cont.)

12-29

Always keep in mind that juries typically focus on an officer's demeanor as much or

more than on the content of the testimony. Strive to maintain your professionalism and

impartiality. Be clear in your testimony; explain technical terms in layman's language;

don't use jargon, abbreviations, acronyms, etc. Make eye contact with the judge/jury;

they are the people you are trying to convince. Repeat important points and continued

observations about the defendant.

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Be polite

• Don’t become agitated

• If you don’t know the answer:

• Don’t guess

• It is OK to say, “I don’t know”

Cross Examination

12-30

Cross Examination/Defense Challenges

In many cases, you will be the key witness for the prosecution. Therefore, the defense

will try very hard to cast doubt on your testimony.

Be polite and courteous. Do not become agitated in response to questions by the

defense. Above all, if you don't know the answer to a question, say so. Don't guess at

answers, or compromise your honesty in any way. Be professional and present

evidence in a fair and impartial manner.

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 22 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Your observations/interpretations

• Your credentials

• Your credibility

• SFSTs

Defense Challenges

12-31

The defense will ask questions to challenge your observations and interpretations. For

example, you may be asked whether the signs, symptoms and behaviors you observed

of the defendant couldn't have been caused by an injury or illness, or by something

other than the alcohol/drugs. You will be asked questions to create doubt about your

observations. Answer these questions honestly, but carefully. If your observations are

not consistent with an illness or injury, explain why not. Clearly testify that your opinion

is based on everything that was observed during the DWI investigation.

The defense will attempt to challenge your credentials by asking questions to cast doubt

on your formal training. They will ask questions to "trip you up" on technical or scientific

issues. Answer all questions about your training and experience completely and

accurately, but don't embellish. Answer scientific or technical questions only if you have

been trained in that area.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 23 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Your observations/interpretations

• Your credentials

• Your credibility

• SFSTs

Defense Challenges (Cont.)

12-32

The defense will ask questions to challenge your credibility. You may be asked several

very similar questions in the hope that your answers will be inconsistent.

You may be asked questions designed to imply you had already formed your opinion

before the defendant completed the field sobriety tests. Listen to the questions carefully

and emphasize your arrest decision was made at the completion of your DWI

investigation and based on ALL available evidence.

You may be asked questions that suggest you deviated from your training. These

questions may suggest you eliminated portions of the tests or gave incomplete or

confusing instructions. One way you can refute these defense challenges is by

administering the Standardized Field Sobriety Tests as you were trained. If deviations to

the protocol occur, it is important to explain why. Standardization ensures both

consistency and credibility.

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 24 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

• Your observations/interpretations

• Your credentials

• Your credibility

• SFSTs

Defense Challenges (Cont.)

12-33

You may be asked questions that suggest the Standardized Field Sobriety Tests are not

relevant. These questions will suggest that SFSTs have no relationship to driving. For

example, a defense attorney may suggest that standing on one leg does not correlate

with the ability to drive safely. The divided attention tests assess the same mental and

physical capabilities that a person needs to drive safely. These include:

• Information processing

• Short term memory

• Judgment and decision making

• Balance

• Steady, sure reactions

• Clear vision

• Small muscle control

• Coordination of limbs

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

The Courtroom Testimony

12-34

Video segment “The Courtroom Testimony”

Notes:_______________________________________________

_____________________________________________________

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 25 of 31

Session 12 – Processing the Arrested Subject and Preparation for Trial

DWI Detection and Standardized Field Sobriety Testing

QUESTIONS?

Notes:_______________________________________________

_____________________________________________________

HS 178 R5/13 26 of 31 Participant Manual SFST – Session 12