Drinking/Driving Law & Procedure

Week 4: Investigation/Prosecution of DUIs

Reading Assignment

1. NHTSA, DWI Detection and Standardized Field Sobriety Testing (2002)

Session I Introduction (excerpts)
Session IV Overview of Detection, Notetaking and Testimony
Session VIII Concepts and Principles of the SFSTs

Pay particular attention to the procedures for instructing and scoring the Walk and Turn test, as it will be the focus of our laboratory exercise.
Most important: pages VIII-9 to VIII-12 & pages VIII-16 to VIII-18

2. United States v. Eric Horn (2002) 185 F. Supp. 2d 530

Recommended Reading

• Trial Transcript: Georgia v. Redstrom, Volume I and Volume II
• APRI, Admissibility of HGN
• Burns, et al., Observational Threshold of HGN
• Texas A & M, SFST Predicate Questions
  

Outline for Class 4

1. Officer's role in DUI Enforcement
   1. Patrol
      1. Three phases of investigation
      2. Conduct standardized FSTs
   2. Arrest
   3. Document
   4. Testify
2. Prosecutor's role in DUI Enforcement
   1. Charging citizens accused
   2. Pleading cases in the People's interest
   3. Trying cases that cannot be resolved by plea
3. Prosecution Evidence in a DUI Case
   1. Officer's observations
   2. Witness observations (if any)
   3. Results of SFSTs
   4. Chemical tests
   5. Defendant's statements
4. Class Laboratory: Administration of Walk and Turn Test
   1. Instructional stage
   2. Walking stage
   3. Scoring