verview of Detection, Note Taking, and Testimony DWI Detection and Standardized Field Sobriety Testing • Phase One – Vehicle in Motion

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

DWI Detection and Standardized Field Sobriety Testing

• Phase One – Vehicle in Motion

• Phase Two – Personal Contact

• Phase Three – Pre-Arrest Screening

DWI Detection Phases (Cont.)

4-5

The DWI detection process does not always include all three phases. Sometimes there

are DWI detection contacts in which Phase One is absent. These are cases in which

you have no opportunity to observe the vehicle in motion. This may occur at the crash

scene, at a roadblock or checkpoint, or when you have responded to a request for

motorist assistance. Sometimes there are DWI contacts in which Phase Three is

absent. There are cases in which you would not administer formal tests to the driver.

This may occur when the driver is grossly impaired, badly injured, or refuses to submit

to tests.

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

Standard Field Sobriety Test Course

Decisions and Possible

Outcomes

Decisions

• Phase One - Stop?

• Phase Two - Exit?

• Phase Three - Arrest?

Possible Outcomes

• Yes – Do it now

• Wait – Look for more evidence

• No – Don’t do it

4-6

In each of the three phases, there will be decisions and possible outcomes.

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HS 178 R5/13 5 of 21

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

DWI Detection and Standardized Field Sobriety Testing

Decisions

4-7

• Phase One: Vehicle in Motion – Should I

stop the vehicle?

• Phase Two – Personal Contact - Should

the driver exit?

• Phase Three – Pre-arrest Screening - Is

there probable cause to arrest the

suspect for DWI?

Major Tasks and Decisions

Each detection phase usually involves two major tasks and one major decision.

In Phase One: Your first task is to observe the vehicle in operation. Based on this

observation, you must decide whether there is sufficient cause to command the driver to

stop. Your second task is to observe the stopping sequence. You may want to take a

picture of the vehicle or scene, especially if the vehicle was involved in a crash.

In Phase Two: Your first task is to observe and interview the driver face to face. Based

on this observation, you must decide whether there is sufficient cause to instruct the

driver to step from the vehicle for further investigation. Your second task is to observe

the driver's exit and walk from the vehicle. You may want to take a photo of the

defendant.

In Phase Three: Your first task is to administer structured, formal psychophysical tests.

Based on these tests, you must decide whether there is sufficient probable cause to

arrest the driver for DWI. Your second task is then to arrange for (or administer) a

Preliminary Breath Test.

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HS 178 R5/13 6 of 21

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

DWI Detection and Standardized Field Sobriety Testing

Yes – Do It Now

• Phase One: Yes, there are reasonable

grounds to stop the vehicle

• Phase Two: Yes, there is enough reason

to suspect impairment to justify getting

the driver out of the vehicle for further

investigation

• Phase Three: Yes, there is probable

cause to arrest driver for DWI right now

Possible Outcomes

4-8

Each of the major decisions can have any one of three different outcomes:

• Yes - Do it Now

• Wait - Look for Additional Evidence

• No - Don't Do It

Consider the following examples.

Yes - Do It Now

Phase One: Yes, there are reasonable grounds to stop the vehicle.

Phase Two: Yes, there is enough reason to suspect impairment to justify getting the

driver out of the vehicle for further investigation.

Phase Three: Yes, there is probable cause to arrest the driver for DWI right now.

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

DWI Detection and Standardized Field Sobriety Testing

Wait – Look for Additional Evidence

• Phase One: Don't stop the vehicle yet;

keep following and observing it longer

• Phase Two: Don't get the driver out of the

car yet; keep talking to and observing the

driver longer

• Phase Three: Don't arrest the driver yet;

administer another field sobriety test

before deciding

Possible Outcomes

4-9

Wait - Look for Additional Evidence

Phase One: Don't stop the vehicle yet; keep following and observing it a bit longer.

Phase Two: Don't get the driver out of the car yet; keep talking to and observing the

driver a bit longer. (This option may be limited if the officer's personal safety is at risk.)

Phase Three: Don't arrest the driver yet; administer another field sobriety test before

deciding.

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HS 178 R5/13 7 of 21Source: DWI Detection and

Standardized Field

Sobriety Testing