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DUI Flashcards

1
Q

Generally speaking, if a driver arrested for driving under the influence becomes UNCONCIOUS, the officer (will / will not) have an exigency allowing a warrantless blood draw.

A

will

Mitchell v Wisconsin 2019

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2
Q

You arrest a suspect for DUI. They admitted they are high and drunk, and you see indicators of both intoxicants. You also found beer and marijuana in the center console. Do you do a breath or blood test?

A

Blood (if you think a combination)

47 OS 67-751
Policy 504.5.5

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3
Q

What BAC is aggravated DUI?

Is that a felony?

A

0.15 or higher

Not necessarily. Usually a misdemeanor for a first offense but it really just depends on how he is convicted/sentenced

47 OS 11-902.D

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4
Q

A man gets convicted of a DUI. In the following ten years, if he gets a second DUI, would it be a felony?

A

Yes, any DUI(s) within ten years of the first one would be felonies

47 OS 11-902.C.2

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5
Q

DUI arrests - Blood, Breath, and Refusals

In which instance do you seize the offender’s driver’s license?

In which instance do you provide the arrestee a copy of the IDAP form?

A
  1. You don’t ever seize their DL anymore (as of November 2021)
  2. You don’t do IDAP paperwork anymore (DUI violators arrested after November 2022 will be automatically enrolled in IDAP)
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6
Q

According to STATE LAW 47 OS 10-104.B, a driver who causes an accident resulting in death or GBI SHALL submit to drug and alcohol testing if there is probable cause to believe the driver ____

a, committed a citable traffic offense
b. did not have a driver’s license at the time of the accident
c. had improper equipment on their vehicle that mechanically failed

A

a. citable traffic offense (47 OS 10-104.B)

Note: If there is also PC they were DUI, they still have to be read implied consent, asked for consent for the blood draw, and if they refuse the blood draw, the Officer must get a warrant (State (OK) v Burtum 2023)

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7
Q

You have PC that an intoxicated driver committed a citable traffic offense then caused a SBI/death accident. You read them implied consent and they refuse the blood draw.

Do you need to get a warrant, or can you take their blood anyway pursuant to 47 OS 10-104.B (because they committed the citable traffic offense)?

A

Need warrant

State v Bartum 2023

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8
Q
  1. You respond to the call of vehicle with a flat tire. The driver is standing outside the vehicle when you arrive. No one saw him driving, and the vehicle is now inoperable/immobile. Can you arrest for DUI/APC?
  2. What if you notice a tire mark on the curb where the vehicle hit, which caused the flat tire. Could you arrest for DUI then?
A
  1. No
  2. Yes, because you have PC they were driving while intoxicated AND their vehicle was involved in an ACCIDENT

Policy 100.3.1

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9
Q

According to MPD policy, when can a blood sample be taken WITHOUT CONSENT?

(For this question, assume suspect has NOT indicated they will physically resist)

A. When a search warrant has been obtained
B. Exigent circumstances exist and the Officer has PC to believe the person arrested for DUI operated a motor vehicle in such a manner to cause the death/SBI to another person AND the person indicates they will NOT physically resist
C. A or B

A

C (A or B)

504.6.1a and 504.6.1b
47 OS 753

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10
Q

According to MPD policy, a forced* blood sample can be taken only when

A. A search warrant has been obtained
B. When the Officer has PC to believe the person arrested for DUI operated a motor vehicle in such a manner as to have caused the death/SBI to another person
C. Both (A and B)

*Forced = without consent + Suspect indicating they will PHYSICALLY RESIST

A

C. Both (A and B)

504.6.2
43 OS 753

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11
Q

Walk and turn clues

A

CSIWASMS

Can’t keep balance
Start too soon
Improper turn
Wrong number steps
Arms to balance
Steps off line
Misses heel toe
Stops walking

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12
Q

Name some alcohol indicators

A

DOHDUBSS

Disoriented
Odor of alcohol
HGN
Droopy eyes
Uncoordinated
Bloodshot eyes
Slow, sluggish reactions
Slurred speech

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13
Q

NARCOTIC ANALGESICS indicators

Heroin, morphine, codeine, fentanyl, hydrocodone, oxycodone (opiates)

A

CDDDPSSF

Constricted pupils
Depressed reflexes
Drowsiness
Droopy eyelids
Puncture marks
Slow, low speech
Slowed breathing
Flaccid muscle tone

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14
Q

Cannabis indicators

A

Redness of eyes
Odor of MJ
Disoriented
Impaired perception of time/distance
Relaxed inhibitions

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15
Q

HGN

How many validated clues available?
How many clues needed to indicate intoxication?

A

6
4

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16
Q

WAT

How many validated clues available?
How many clues needed to indicate intoxication?

A

8
2

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17
Q

OLS

How many validated clues available?
How many clues needed to indicate intoxication?

A

4
2

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18
Q

CNS Depressants

Benzos (Xanax, Valium, Klonopin)
Sedatives (Ambien)

A

DDDUSTGF

Droopy eyelids
Disoriented
Drowsiness
Drunk-like behavior
Uncoordinated
Slow, sluggish reactions
Thick, slurred speech
Gait ataxia (staggering walking)
Fumbling

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19
Q

Intoxilyzer

The breath test sequence must be completed within __
hours of the arrest time

A

2

(or the machine will display an error displaying the time entered is outside the arrest window)

Oklahoma Intoxilyzer 8000 Manual

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20
Q

Intoxilyzer machine is asking “Deprivation Y/N”

What should you answer?

A

Always answer yes so the machine does the 16 minute deprivation timer

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21
Q

What is the intoxilyzer password?
What is your intoxilyzer PIN?

A

ADCU
Your SSN’s last four

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22
Q

How do you restart the deprivation period on the Intoxilyzer?

A

Hit F4

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23
Q

Towards the end of the testing process, the Intoxilyzer will ask “Review Data Y/N”.

What should you do?

A

Type ‘N’

(assuming you know you typed everything correctly the first time and don’t need/want to review your entries)

Then the machine will begin to print the Officer’s Impaired Driving Affidavit

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24
Q

Intoxilyzer

How many Liters of air needed for a breath sample?

A

1.1

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25
Q

Intoxilyzer

The subject has a ___ minute window to provide a breath sample.

If during that window, the subject is purposely not blowing hard enough, the operator can press the __ key, and the machine will document the refusal

If that window expires, and the subject had purposefully not provided a sufficient sample (either on the first or second breath), the machine will display “Deficient Sample”, go into ready mode, and print and “Deficient Sample” message. The operator then can ____

A

3

R

complete a refusal affidavit (articulating how the subject would not comply with the directions)

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26
Q

Intoxilyzer

Will the machine let you leave the ‘Citation Number’ blank?

A

Yes (you can hand write in the citation number once you have it)

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27
Q

What information do you need to completely enter all data into the intoxilyzer?

(best to have prior to putting your phone into Airplane mode)

A

Subject’s driver’s license info
Vehicle info
10-15 time

(note: machine will ask for citation number but it can be left blank and hand-written later)

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28
Q

Intoxilyzer - Officer’s Affidavit

County #
City #

A

14
10

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29
Q

CNS Stimulants indicators (ie METH)

A

RAE-DIE-TIE

Restlessness
Anxiety
Excited
Dilated Pupils
Insomnia
Euphoria
Talkative
Irritable
Eyelid / body tremors

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30
Q

Walk and Turn

Place (left/right) foot on the line

Put your (left/right) heel against your (left/right) toe

A

Left

Right, Left

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31
Q

What are the three batteries of SFST tests?

A

Horizontal Gaze Nystagmus
Walk and Turn
One Leg Stand

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32
Q

Clues for HGN test

A

Lack of Smooth Pursuit
Distinct and Sustained Nystagmus at maximum deviation
Onset of Nystagmus prior to 45 degrees

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33
Q

Can you APC someone in back seat?

A

No, must be in front seat only (per D21)

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34
Q

Due to metabolism, the average person’s BAC drops by about _____ per hour

A

0.015

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35
Q

For the average male, a BAC of 0.015 is the equivalent of ___ a standard drink

For the average female, a BAC of 0.015 is the equivalent of ___ a standard drink

A

2/3

1/2

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36
Q

Person under 21 cannot have BAC of ___ or greater

A

.02

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37
Q

Three phases of DUI Detection

A
  1. Vehicle in motion
  2. Personal contact
  3. Pre-arrest screening
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38
Q

PBTs should be used (before/after) SFSTs

A

after

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39
Q

Accuracy percentages of 0.08 BAC

HGN
WAT
OLS

A

88
79
83

1998 San Diego study

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40
Q

What are you looking for during SFSTs?

A

Validated clues

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41
Q

What do validated clues indicate?

A

If you observe validated clues at or above the threshold for the given test (4/6, 2/8, or 2/4), indicates BAC above 0.08

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42
Q

Onset of Nystagmus Prior to 45 Degrees

What is the ‘clue’ you are looking for?

A

Locate the point at which the eyes begin jerking and see if it began prior to a 45 degree angle

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43
Q

While checking for Onset of Nystagmus Prior to 45 Degrees:

If you see jerking of the eye, you should ___

A

stop stimulus/pen and see if jerking continues

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44
Q

Onset of Nystagmus Prior to 45 Degrees

Should some white still be visible in the corner of the eye?

A

Yes

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45
Q

While checking for Onset of Nystagmus Prior to 45 Degrees, you saw jerking of the eye so you stopped.

Once you stopped, the jerking stopped. Does that mean you had observed Nystagmus prior to 45 degrees?

A

No

If the jerking is not evident with the stimulus held steady, you have not located the point of onset.

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46
Q

Onset of Nystagmus Prior to 45 Degrees

When you locate the point of onset of nystagmus, ___ moving the stimulus and determine whether it is ___

A

stop

prior to approximately 45 degrees.

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47
Q

Onset of Nystagmus Prior to 45 Degrees

You had not observed nystagmus prior to 45 degrees during the four second movement over the eye. What do?

A

Stop and hold pen at 45 degrees to verify nystagmus is not present

“If nystagmus is not observed prior to approximately 45 degrees, stop and hold the stimulus at an approximate 45-degree angle to verify the nystagmus is not present”

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48
Q

If you observe an Onset of Nystagmus very early, such as around a 10 degree angle, what could that indicate?

A

A very high BAC

From NHSTA DRE Manual, 2023 (Angle of Onset Nystagmus section)

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49
Q

During the Walk and Turn test, the subject falls or almost falls.

What do? Continue?

A

No - stop

NHSTA SFST manual, 2023

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50
Q

While checking for Onset of Nystagmus Prior to 45 Degrees, it should take approximately __ seconds or more from the center of nose across subject’s face to the 45 degree angle

A

four

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51
Q

Onset of Nystagmus Prior to 45 Degrees

What can you do to make it easier to see when the subject’s eye first begins to jerk?

A

Move the stimulus “at a slower speed”

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52
Q

A private DRIVEWAY which extends from a highway to a single-family residence (is / is not) contained within areas in which someone can be charged with driving under the influence

A

is

State v Silas 2020 OK CR10, Travis White email, D21 PDR, 47 OS 11-902

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53
Q

Is it an offense for a person under 21 to possess an alcoholic beverage in public?

A

Yes

3-109 (Minors in Possession of Intoxicating Beverages in Public Prohibited)

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54
Q

Ask before giving HGN instructions

A

Are you on any medications?
Do you have any medical issues?
Do you have any physical disabilities?

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55
Q

Before the HGN test, If they are wearing glasses, do what?

What if wearing a hat?

A

Have them remove

Same, remove

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56
Q

If performing the HGN test at night, ensure what?

A

Subject needs to be facing away from flashing lights

NHSTA SFST Manual, 2023

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57
Q

HGN Test

Should a subject be standing, sitting, or either?

A

Either

(may need them to sit if subject very tall)

NHSTA SFST manual, 2023

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58
Q

If the subject is wearing contacts, do they need to be removed?

If the subject is wearing contacts, does the HGN procedure change?

A

No (DRE Manual)

No (just note some colored contacts may affect the Officer’s ability to compare pupil sizes per the NHSTA SFST Manual)

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59
Q

HGN verbal instructions

A
  • Put feet together, hands at the side
  • Keep head still
  • Look at the stimulus
  • Follow movement of the stimulus with the eyes only
  • Keep looking at the stimulus until told the test is over

NHSTA Manual 2024, page 238

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60
Q

Do you hold your pen up while giving the HGN verbal instructions?

A

No (you position the stimulus after giving the verbal instructions)

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61
Q

After giving the HGN verbal instructions, do what?

A
  • Hold up and position stimulus
  • Check for equal pupil size
  • Check for resting nystagmus
  • Check for equal tracking

(pre-test checks)

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62
Q

HGN

Which hand do you use to hold the stimulus?

A

Can be either (book shows HGN demonstrations with both left and right hands)

NHSTA SFST Manual 2023

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63
Q

What is the correct initial positioning for the pen when you are about to begin the HGN pre-test checks

A

12-15” in front of the nose
Slightly above eye level

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64
Q

When the HGN test is administered, always begin with the subjects ___ eye.

(So this means go ___ with the pen/stimulus)

A

left

right

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65
Q

During (the three main) HGN tests, always check the eyes

A. One time
B. Two times

A

B (two times, minimum)

66
Q

During HGN tests, can you check each eye more than twice?

A

Yes (have to check each eye AT LEAST twice)

NHTSA SFST Manual, 2023 edition

67
Q

Equal pupil size, Resting Nystagmus, Equal tracking

What is this segment of the HGN battery called?

A

Pre-Test Checks

68
Q

If, during the HGN pre-test checks, you observe one of the below abnormal findings, should you continue the HGN test?

Unequal pupil size
Resting nystagmus
Unequal tracking

A

No

NHTSA SFST Manual, 2023 edition

69
Q

If a subject says they are blind in one eye or they have an artificial eye, yet their eyes equally track, you should (continue/discontinue) the test

A

continue

(but make note of the abnormality)

70
Q

Equal Tracking

Check with eye first?

So move pen which direction first?

A

Left

Right

71
Q

When doing equal tracking:

__ seconds out, ___ seconds back

Do you stop/pause in the center?

A

2
2

No

72
Q

Equal tracking

How many times must you go over each eye?

A

Once

(but can be done more than once per NHSTA manual 2023)

73
Q

During equal tracking, what are you looking for?

A

To see if both of the subject’s eyes can follow an object (track) together

74
Q

Should there be a distinct break between the Equal Tracking pre-test check and before beginning Lack of Smooth Pursuit?

A

Yes, should be “clear and distinguishable”

NHTSA SFST Manual, 2023 edition

75
Q

Lack of Smooth Pursuit segment

Go which way first with pen?
This will ensure their __ eye is checked first, as required.

A

Right
Left

76
Q

Lack of Smooth Pursuit segment

__ seconds out, ___ seconds back to center

A

2
2

77
Q

Lack of Smooth Pursuit

How far to the left/right should you go with the pen?

Do you stop and hold the pen (at that location)?

A

To maximum deviation

No

78
Q

During Lack of Smooth Pursuit, do you stop at the center/nose once you check an eye?

A

No (keep pen moving)

79
Q

Lack of Smooth Pursuit segment

Check each eye how many times?

A

2

80
Q

If the eye jerks just once during Lack of Smooth Pursuit, is that a clue?

A

Yes

NHTSA SFST Manual, 2023 edition

81
Q

Distinct/Sustained Nystagmus @ Max Deviation segment

Go which way first with pen?
This will ensure their __ eye is checked first, as required.

A

Right
Left

82
Q

Distinct/Sustained Nystagmus @ Maximum Deviation

What is correct eye position?

A

Eye moved as far to the side as possible

83
Q

Distinct/Sustained Nystagmus @ Max Deviation segment

Hold for minimum of __ seconds

A

4

84
Q

Distinct/Sustained Nystagmus @ Max Deviation segment

While at maximum deviation, you observe some slight jerking of the eye, but it only lasts a second or two. Does that count as a clue?

A

No

‘In order to “count” this clue as evidence of impairment, the nystagmus must be distinct and sustained for a minimum of 4 seconds.’

85
Q

Distinct/Sustained Nystagmus @ Max Deviation

At maximum deviation, does the jerking of the eye have to last for four seconds?

A

Yes

‘In order to “count” this clue as evidence of impairment, the nystagmus must be distinct and sustained for a minimum of 4 seconds.’

86
Q

Distinct/Sustained Nystagmus @ Max Deviation segment

Check each eye how many times?

A

2

87
Q

Onset of Nystagmus Prior to 45 Degrees segment

Go which way first with pen?
This will ensure their __ eye is checked first, as required.

A

Right
Left

88
Q

Onset of Nystagmus Prior to 45 Degrees segment

It should take __ seconds to reach the 45 degree angle

A

4

89
Q

Onset of Nystagmus Prior to 45 Degrees segment

Check each eye how many times?

A

2

90
Q

HGN: You have completed the main three tests (Lack, Distinct, Onset).

Now what?

A

Check for vertical nystagmus

91
Q

Vertical Gaze Nystagmus

Do you keep your pen vertical or rotate it horizontally?

A

Rotate pen horizontally

(NHSTA SFST Manual and video shows to do that)

92
Q

While checking for vertical gaze nystagmus, hold stimulus/pen up for a minimum of ___ seconds

A

4

93
Q

Vertical Gaze Nystagmus:

Raise your pen until the subject’s eyes are elevated ___

A

as far as possible

(then hold for four)

NHTSA SFST Manual, 2023 edition

94
Q

How many times do you do the vertical gaze nystagmus (VGN) check?

A

2 (at least)

NHTSA SFST Manual, 2023 edition

95
Q

During the Vertical Gaze Nystagmus check, you see the eye jerk once or twice. Does that indicate VGN?

A

No (“For VGN to be recorded, it must be distinct and sustained for a minimum of four seconds at maximum elevation”)

NHTSA SFST Manual, 2023 edition

96
Q

What does Vertical Gaze Nystagmus indicate?

A

The presence of this type of nystagmus is associated with HIGH DOESES of alcohol for that individual.

97
Q

WAT and OLS - If it is raining/snowing/icing and the ground is SLIPPERY, what should you do? (two options)

A

Perform the test elsewhere OR
Only administer HGN

NHTSA SFST Manual, 2023 edition

98
Q

Walk and Turn Instructions

What are the key tasks?

A
  1. Get subject into the heel-to-toe position
  2. Give the verbal instructions + demonstration
99
Q

Walk and Turn

If the subject is wearing heels more than __ inches high, the subject should be given the opportunity to remove their shoes

A

2”

NHTSA SFST Manual, 2023 edition

100
Q

Walk and Turn

Instructions to get subject into the Heel-To-Toe position

A
  • Place your left foot on the line (real or imaginary)
  • Place your right foot on the line ahead of the left foot, with the feel of your right foot against the toe of the left foot
  • Place your arms down at yoursides
  • Maintain this position until I have completed the instructions
  • DO NOT START to walk until told to do so
  • Do you understand?
101
Q

Walk and Turn - Can’t Balance During Instructions

While the subject is in the Heel-to-Toe position as you are giving instructions, what two acts would constitute an observation of this clue?

A

Feet break apart (from Heel-to-Toe)
Steps off line (thus breaking Heel-to-Toe)

NHSTA SFST Manual, 2023 edition

102
Q

Walk and Turn - Can’t Balance During Instructions

The subject is maintaining heel-to-toe position as you are giving the next instructions, but he/she is swaying and uses his/her arms to balance. Is that a clue?

A

No

(the clue is observed if they fail to maintain the heel-to-toe position)

NHSTA SFST Manual, 2023 edition

103
Q

Walk and Turn: Once the subject is in the Heel-To-Toe position, do you ___

A. Verbally explain the walking stage then demonstrate after
B. Demonstrate while providing the instructions

A

B

NHTSA SFST Manual, 2023 edition

104
Q

Walk and Turn

Walking Stage verbal instructions (with demonstration)

A
  • When I tell you to start, take nine heel-to-toe steps on the line, turn, and take nine heel-to-toe steps down the line
  • When you turn, keep the front (lead) foot on the line, and turn by taking a series of small steps with the other foot, like this.
105
Q

Walk and Turn - What to say after completing my demonstration

A
  • While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud.
  • Once you start walking, don’t stop until you have completed the test.
  • Do you understand the instructions? (Make sure subject understands.)
  • Instruct the person to begin the test.
106
Q

Walk and Turn

During the test, if the subject is not __ or __ , remind them to do so.

A

COUNTING out loud
WATCHING their feet

NHTSA SFST Manual, 2023 edition

107
Q

Walk and Turn

The subject is walking slowly. Is that a clue for ‘Stops Walking’?

A

No

NHSTA SFST Manual, 2023 edition

108
Q

Walk and Turn - Misses Heel-to-Toe

This clue is observed when there is ___ inch space or greater between the heel and toe during the steps

A

1/2”

NHSTA SFST Manual, 2023 edition

109
Q

Walk and Turn - Arms Used to Balance

If the subject raises just ONE arm to balance, is that a clue?

A

Yes

NHSTA SFST Manual, 2023 edition

110
Q

Walk and Turn - Arms Used to Balance

This clue is observed when a subject’s hands are raised ___ inches or more from his/her sides to maintain balance

A

Six

NHSTA SFST Manual, 2023 edition

111
Q

Walk and Turn

If the subject is committing errors (clues), such as stepping off the line, should you have them restart from the beginning?

A

No

NHSTA SFST Manual, 2023 edition

112
Q

Walk and Turn

Should you give the subject multiple opportunities to complete the test?

A

No

NHSTA SFST Manual, 2023 edition

113
Q

One Leg Stand. What do you do first?

A

Get them into the Instruction Stage position

114
Q

One Leg Stand. Verbal instructions to get the subject into the instruction stance

A
  • Please stand with your feet together and your arms down at the sides, like this.
  • Do not start to perform the test until I tell you to do so.
  • Do you understand the instructions so far?
115
Q

One Leg Stand. You have gotten the subject into the Instruction Stage position. Now you are going to give the Balance and Counting stage instructions. Do you ___

A. give verbal instructions first, then demonstrate after
B. give the instructions accompanied by demonstrations

A

B (accompanied)

NHTSA SFST Manual, 2023 edition

116
Q

When counting during the OLS, what is the correct way to count during your demonstration?

A. One one-thousand, Two one-thousand
B. One thousand one, One Thousand Two
C. One Mississippi, Two Mississippi

A

B

NHTSA SFST Manual, 2023 edition

117
Q

One Leg Stand - The subject is in the Instruction Stage position.

Recite the Balance and Counting Stage instructions

A
  • When I tell you to start, raise either leg with the foot approximately six inches off the ground, keeping your foot parallel to the ground.
  • Keep both legs straight and your arms at your side.
  • While holding that position, count out loud in the following manner: “one thousand one, one thousand two, one thousand three,” and so on until told to stop.
  • Keep your arms at your sides at all times and keep watching the raised foot.
  • Do you understand?
  • Go ahead and perform the test.

(Officer should always time the 30 seconds. Test should be discontinued after 30 seconds.)

118
Q

How long should the OLS be timed for?

Are there scenarios in which the subject should be allowed to continue past that time?

A

30 seconds

No

NHTSA SFST Manual, 2023 edition

119
Q

During the OLS, do you tell the subject how long the Balance and Counting stage will last?

A

No

120
Q

During the OLS, if the subject put their foot down, do what?

A

Tell them to pick the foot up again and counting counting from previous number

NHTSA SFST Manual, 2023 edition

121
Q

One Leg Stand

If the subject almost falls or is in danger of falling, should you continue the test?

A

No

(document test as ‘unable to complete for subject’s safety due to apparent danger of falling’)

NHSTA SFST Manual, 2023

122
Q

One Leg Stand - Sways

Do slight tremors of the foot or leg count as ‘Swaying’?

A

No

NHSTA SFST Manual, 2023

123
Q

One Leg Stand - Uses arms to Balance

If the subject uses one arm to balance, but keeps the other arm down, does that count as a clue?

A

Yes

NHSTA SFST Manual, 2023

124
Q

One Leg Stand - Uses arms to Balance

This clue is observed if one or both of the subject’s arms move __ inches or more from the side of their body.

A

6”

NHSTA SFST Manual, 2023

125
Q

When you ask ‘Do you understand?’ during SFST instructions, do you need to get a verbal response?

A

Yes

126
Q

If someone is showing significant impairment but blows 0.00 or very low, what do?

A

Request DRE evaluation (If the arresting officer reviews the subject’s breath alcohol concentration (BrAC) test results and determines.. if the impairment is NOT explained by the BrAC, the officer requests a DRE evaluation)

Also should summon a DRE because “In some courts or motor vehicle hearings officers may find a low BAC result, by itself, does not provide adequate basis for requesting the subject to submit to a second chemical test.” -NHSTA DRE Manual

(note - a DRE’s 12-step Drug Influence Evaluation includes at blood test at Step #12, the Toxicological Analysis)

127
Q

You are asked “Retry Y/N?”

A

Always put no

128
Q

Do all depressants cause HGN?

A

Yes

129
Q

If they have Onset Prior to 45 Degrees, will they automatically have LOSP and DSNAMD?

A

Yes

130
Q

If you observe Vertical Gaze Nystagmus (VGN), it will cause at least __ clues of HGN

A

4

NHTSA SFST Manual, 2023 edition

131
Q

Is a Portable Breath Test (PBT) admissible in a DUI trial?

If so, under what circumstances?

A

Yes

Pass/fail only, to show alcohol presence (can’t be used to show specific alcohol concentration)

State v Humberto (2020 OK CR 15) [cited in D21 PDR]

132
Q

Does the body’s natural dissipation of alcohol create a per se exigency?

A

No

Missouri v McNelly 569 US 141 (2013); from D21 PDR

133
Q

47 OS 10-104(B) has a per se rule permitting nonconsenual blood draws in cases where the driver was involved in a GBi/death accident and committed a citable traffic offense.

Does this law create a per se exigency justifying a warrantless blood draw?

A

No

Stewart v State, 2019 OK CR 6; from D21 PDR

(The above case found 10-104(B) unconstitutional, as it seems to automatically permit warrantless blood draws based on the flawed logic that a GBI/death accident created a per se exigency)

134
Q

Are you REQUIRED to get a blood draw within two hours of an arrest?

A

No

Sanders v State, 2002 OK CR 42; from D21 PDR

Note: the blood draw should be done ‘as soon as practicable’ per State v Cudjoe S-2015-25, OCCA (unpublished, 8/5/2016)

If DUI accident with Death/GBI, still don’t have to do within two hours per State v Gonzales S-2022-355, Walkley case (see DUI Accident OneNote)

135
Q

Someone’s pupils are LARGER than expected given the lighting conditions.

Dilated or constricted?

Possible indicator of what type of drug?

A

Dilated

Meth (CNS stimulant) or Hallucinogens

136
Q

Someone’s pupils are SMALLER than expected given the lighting conditions.

Dilated or constricted?

Possible indicator of what type of drug?

A

Constricted

Opiates (Narcotic Analgesics)

137
Q

The effects drugs have on the eyes (ie not changing to different lighting conditions) are ___ reactions

A

involuntary

NHTSA SFST Manual, 2023 edition

138
Q

Intoxilyzer - Before you press the ‘start test’ button, do what?

IMPORTANT

A

Check if Breath Hose warm
Check mouth for loose materials and/or foreign substances
Turn off radio and cell phone

139
Q

If the Intoxilyzer 8000 is found to be ‘Standby Mode.’ What to do?

A

Press the green ‘start test’ button

(then will run a self-diagnostic check and boot to ‘Ready Mode’)

140
Q

Once the Intoxilyzer is in Ready mode, do what?

A

Press ‘Start Test’ button

141
Q

Intoxilyzer

When the subject is blowing into the Breath Hose, should they be seated, standing, or either?

A

standing (if capable)

Oklahoma Intoxilyzer 8000 Manaul

142
Q

If a motorist is suspected of drugged driving: Wherever possible, a local __ should be summoned to assist with the investigation

A

DRE

143
Q

Officer’s Impaired Driving Affidavit (from BOT, aka Hand Written Refusal Affidavit)

In the two sections given for you to type a mini-report, what two things are you asked to describe?

A

Reasonable grounds - driving behavior or circumstances that led to contact

Persons condition - odor, their actions, etc

144
Q

Juvenile DUI.

Read implied consent?
If they say yes, blow?
Do you need parent present?
What if they don’t have license?
What do after?

A

Yes
Yes
No
Doesn’t matter. Same procedure
Fit + Pivot OR release to parent

145
Q

Someone is drunk and operating / in APC of a Class A, B, or C Commercial Motor vehicle.

At what BAC level would they be in violation?

A

0.04

146
Q

Which one do you use when referring to breath samples?

a) 0.08 BAC g/100mL
b) 0.08 BrAC g/210L

A

b

BAC = Blood Alcohol Concentration
BrAC = Breath Alcohol Concentration

147
Q

Intoxilyzer - Once ready for breath test sample the machine will show “Please blow until tone stops”. Recommended commands to subject:

I WANT YOU TO ___, TAKE A DEEP BREATH AND BLOW INTO THE MOUTHPIECE WITH ONE LONG, ___ BREATH. BLOW HARD ENOUGH TO START AND ___ THE AUDIBLE TONE. CONTINUE BLOWING UNTIL I TELL YOU TO STOP. DO YOU UNDERSTAND THESE INSTRUCTIONS?

A

stand
continuous
maintain

148
Q

If a 175 pound male consumes __ drinks in rapid succession on an empty stomach, his BAC will likely be over 0.08

A

4

For the average male, 2/3 a drink will raise BAC by .015
0.08 / 0.15 = 5.3
5.3 * 0.67 = 3.551

149
Q

If an average male consumes a six pack of beer, it will take __ hours before they drop below 0.08

A

3

Assuming the six pack brought them to .12, then .12 - (3x0.015) = 0.075

150
Q

If an average female consumes __ drinks in rapid succession on an empty stomach, her BAC will likely be over 0.08

A

3

For an average female, half a drink will raise their BAC by 0.015
0.08 / 0.15 = 5.3
5.3 * 0.5 = 2.65

151
Q

____ Effect

Once you stop drinking, your body’s alcohol absorption mechanisms finally catch up, and then CNS effect of the alcohol (how impaired you feel) will decrease, despite the fact your BAC is actually still the same.

So despite the fact you feel ___ and as if the effects are ___, your impairment may be ___

A

Mellanby

better
declining
worse

152
Q

A Deprivation Period ___ be conducted on all subjects prior to any breath test collection

The deprivation period is required in (all/some) testing situations.

A

shall
all

Oklahoma Intoxilyzer 8000 manual

153
Q

What kind of tests are the WAT and OLS?

A

Divided attention

(technically psychophysical is also a correct answer, but the WAT and OLS are designed to require simultaneous concentration on mental and physical tasks)

154
Q

Does a DRE’s 12-step Drug Influence Evaluation include HGN, WAT, and OLS tests?

A

Yes (also includes MRB - Modified Romberg Balance and FTN - Finger to Nose)

  • NHSTA DRE 7-Day School Participant Manual, 2023
155
Q

What is the first step in a DRE’s 12-step Drug Influence Evaluation? Is it always done?

A

Breath Alcohol Test (intoxilyzer)
Yes

NHSTA DRE Manual, 2023

156
Q

At any given time, __% of drivers on the road are DWI.

During late night hours on Friday and Saturday nights, as many as __% of drivers are DWI.

On certain holidays, the number can go even higher.

A

2%
10%

NHSTA SFST manual, 2023

157
Q

According to a study published by the Tuoro College of Pharmacy in 2014, sober individuals ‘fail’ SFSTs at a rate of __%.

A

26%

See journal publication “False Positive Rates among Sober Subjects”

158
Q

Panicked, violent, or psychotic behavior caused by high doses of methamphetamine

A

Methamphetamine Psychosis

NHTSA DRE Manual, 2023

159
Q

The stimulus may be _____, the eraser on a pencil, the tip of a penlight, the tip of your finger, or any similar small object.

A

the tip of a pen

NHSTA SFST manual, 2023

160
Q

Amphetamines produce the same effects as Cocaine with the exception that cocaine _______

A

causes an anesthetic effect

NHSTA DRE manual, 2023

161
Q

If someone has Distinct and Sustained Nystagmus at Maximum Deviation, should they have Lack of Smooth Pursuit?

If someone has Onset of Nystagmus Prior to 45 Degrees, should they have both Distinct and Sustained Nystagmus at Maximum Deviation AND Lack of Smooth Pursuit?

A

Yes

Yes

(Note: I could not find this in the manuals, but I had heard it before, and it is also stated in the Texas District/Counties Attorneys Association ‘Field Sobriety Test Review’)

Moore PD (8 decks)

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