In today’s society, drivers are impaired by drugs as much as they are by alcohol. As more states turn to the legalization of marijuana, law enforcement officers have to recognize the signs of drug-impaired drivers as well as how to test these impaired drivers. This manual is intended for every level of police officer from the rookie patrol officer to the seasoned law enforcement executive
In today’s society, drivers are impaired by drugs as much as they are by alcohol. As more states turn to the legalization of marijuana, law enforcement officers have to recognize the signs of drug-impaired drivers as well as how to test these impaired drivers. This manual is intended for every level of police officer from the rookie patrol officer to the seasoned law enforcement executive. This manual serves as a reference when investigating impaired drivers. It covers the two Standardized Field Sobriety Tests (SFSTs) that every officer should be using upon academy graduation. It also includes advanced tests for patrol officers for testing drug impaired drivers as well as tests for a Drug Recognition Expert Officer.
Finally, it will cover key points of report writing that can be included in almost every impaired driving arrest report.
TABLE OF CONTENTS
PREFACE
1 INTRODUCTION TO IMPAIRED DRIVING
1.1 DWI, DUI and OUI—What’s the Difference
1.2 Alcohol Impairment
1.3 Marijuana Impairment
1.3.1 Chemical Tests vs. Divided Attention Tests
1.4 Standardized Field Sobriety Tests
1.5 Elements Needed for Conviction
1.5.1 Vehicle in Motion Phase
1.5.2 Personal Contact Phase
1.5.3 Field Sobriety Phase
2 HORIZONTAL GAZE NYSTAGMUS TEST
2.1 Horizontal Gaze Nystagmus
2.2 Vertical Gaze Nystagmus
2.3 Resting Nystagmus
2.4 Steps of the Horizontal Gaze Nystagmus Test
2.4.1 Start with the Left Eye
2.4.2 Instructional Stage Directions—Checklist
2.4.3 How to Test for Each Clue
2.5 Vertical Gaze Nystagmus Testing
2.5.1 Mechanics for Vertical Gaze Nystagmus Testing
3 THE WALK AND TURN TEST
3.1 Walk and Turn Test Procedure
3.1.1 Instructional Stage Directions—Checklist
3.1.2 Walking Stage Directions—Checklist
3.2 Test Interpretation—Clues of Walk and Turn Testing
4 ONE LEG STAND TEST
4.1 One Leg Stand Test Procedures
4.1.1 Instructional Stage Directions—Checklist
4.1.2 Administering the Test
4.1.3 Interpreting the Test—Checklist
4.1.4 Time is Critical
5 MODIFIED ROMBERG TEST
5.1 Procedure for the Modified Romberg Test—Checklist
6 DRUG INFLUENCE EVALUATION
6.1 Testing and Training
6.1.1 What is a Drug?
6.1.2 Drug Influence Evaluation
6.1.3 Drug Influence Evaluation Narrative
7 REPORT WRITING
7.1 The Report Outline
7.1.1 Initial Approach
7.1.2 Field Testing
7.1.3 Headquarters
7.2 Courtroom Testimony
7.2.1 Preparing for Court
7.2.2 Testifying
7.3 Conclusion
8 REFERENCES
9 APPLICABLE NEW YORK DRUNK DRIVING/DRUGGED DRIVING LAWS
9.1 Vehicle and Traffic Laws
9.2 Penal Law
9.3 Applicable Case Law for DWI Drivers
9.4 Administrative Procedure
9.5 Public Health Law
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