chp dui investigation manual

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chp dui investigation manual

Because of this and the fact that the test is not accepted by the medical community, it is not admissible as evidence in many states; it continues, however, to be widely used by law enforcement. It shows how a lawyer can successfully make a jury question the testimony of the police officer. Officer - Of course not. Officer - No. Officer - On the physiology of the eye, I have not. Officer - Never. Officer - I did. Officer - As I recall, it was six hours of demonstration and instruction. Officer - Six hours. Officer - Correct. Officer - No. Officer - My teachers? Officer - The training officer. I don't recall his name. Officer - Yes. Officer - That's correct. Officer - No. Officer - What do you mean? What causes it? Officer - What causes it? Officer - I'm not sure I can. Officer - Alcohol makes the jerking start earlier. Officer - I don't know. The California Vehicle Code followed. Thereafter, attorneys answered the call of citizens in need of lawyers to represent them before California traffic courts throughout the state. Additionally, it became evident that a statewide agency was required to license California drivers and automobiles. From that need the California Department of Motor Vehicles (DMV) was formed. These officers pionered traffic enforcement and investigation techniques, while championing the cause of safer roads and highways. In 1929, the California Highway Patrol was formed as part of the Department of Motor Vehicles. Later, the California Highway Patrol organized into an agency separate from the Department of Motor Vehicles. However, the two agencies maintain a curiously close relationship in spite of the fact that undertrained and underqualified hearing officers of the California Department of Motor Vehicles Driver Safety Office are called upon to review the enforcement actions of Highway Patrol officers upon California citizens.

Additionally, these hearing officers are not attorneys in spite of the fact they are called upon to apply rules of evidence as codified by the California rules of evidence and judicial opinions of the California Court of Appeal and California Supreme Court. In fact, no judge would allow a waiver of the obvious conflict of interest inherent in this institutional structure where non-lawyers are empowered to remove from a citizen the property right and independence each licensee possesses in their privilege to drive a car in California. Subsequently, in 1976, the current Highway Patrol academy was opened on Reed Avenue in West Sacramento. As of 2008, the CHP academy is now a grueling residential academy, lasting 26 weeks. It is acknowledged by law enforcement officials as providing the best training available for prospective law enforcement officers in California. In fact, many California law enforcement agencies send their recruit officers to the California Highway Patrol academy for their law enforcement training. The majority of officers are trained to operate the same law enforcement vehicle, which is presently a Ford Crown Victoria Police Interceptor. However, California Highway Patrol officers may drive an SUV, truck, fly a plane or helicopter, ride a motorcycle, bicycle, or horse. During their tours of duty, these officers wear either a tan uniform or a blue battle dress uniform (BDU).All California Highway Patrol officers are trained to use the Alcosensor IV preliminary alcohol screening device and at least one evidential alcohol breath test machine such as the Intoxilyzer 5000 or the Draeger 7110. Topics covered in the DUI Enforcement Manual include DUI investigation and field sobriety testing (FST's). The battery of standardized field sobriety tests includes horizontal gaze nystagmus, the one leg stand, and the walk and turn. However, the horizontal gaze nystagmus test is an examination, not a test.

This manual is issued to preliminary alcohol screening device coordinators who are responsible for checking the accuracy, calibrating, maintaining records, and otherwise maintaining the preliminary alcohol screening devices issued to California Highway Officers before they commence their tours of duty. Additionally, the PAS coordinators provide testimony in support of driving under the influence (DUI) prosecutions resulting from arrests made by California Highway Patrol officers throughout the state. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. California Crimes A to Z Popular Topics Clearing Your Record California Crimes A-Z Crimes by Code Section Probation Professional License Issues Warrants California DUI DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more. Medical Class Actions Popular Topics Hernia Mesh IVC Filters Paragard IUD Uloric Valsartan Zantac California Personal Injury If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages. Poor performance on FSTs is thought to be a sign of impairment from alcohol or drugs. As a result, law enforcement relies on them a great deal in deciding whether to arrest someone. The following chart shows the claimed accuracy of the three “standardized” field sobriety tests when correctly administered under proper conditions: 1 Field Sobriety Test Accuracy at determining.08% BAC Horizontal gaze nystagmus (HGN) 88% Walk-and-turn (WAT) 79% One-leg stand (OLS) 83% But even when conditions are ideal (which they often are not), sober drivers will sometimes appear intoxicated. Drivers do not have to take California field sobriety tests In California, field sobriety tests are completely optional.

Drivers can decline to take them without any penalty whatsoever. 2 This is important because even sober drivers can fail FSTs for reasons having nothing to do with their blood alcohol content (“BAC”). The driver may then have to defend against wrongful criminal charges such as: Driving under the influence, Vehicle Code 23152(a), Driving with a BAC of.08% or higher, Vehicle Code 23152(b), DUI of drugs (“DUID”), Vehicle Code 23152(f), or Underage DUI, Vehicle Code 23140. Should I? Even “reliable” field sobriety tests are inaccurate at least 12% of the time. 1. What are the “standardized” field sobriety tests. The National Highway Transportation Safety Administration (NHTSA) is a federal agency within the United States Department of Transportation. 3 As part of its mission, it issues police protocols for DUI field sobriety testing. Of the dozens of field sobriety tests used by various law enforcement agencies, three have been “validated” as reliable by the NHTSA. 4 They are: The horizontal gaze nystagmus test (HGN), The walk and turn test (WAT), and The one-leg stand test (OLS). 5 These three tests are generally referred to as the “standardized” field sobriety tests. 6 The NTHSA considers them to be reliable predictors of driver impairment, when administered correctly. 7 How does the NHTSA validate the standardized tests. In 2018, the NHTSA cited a study of field sobriety tests conducted by the San Diego Police Department. This field testing reportedly established a high correlation between poor performance on the standardized tests and DUI impairment. 8 But, as discussed in Section five, below, there are many reasons why the results of FSTs can be deceptive. First, however, let’s take a quick look at each of the standardized field sobriety tests. For a more complete review, please visit our articles on each test, which are linked to above. Several different kinds of nystagmus exist, only some of them influenced by alcohol.

But the test given at roadside in a DUI investigation is one of “horizontal gaze nystagmus.” During the administration of the HGN field sobriety test, the officer instructs the suspect to follow (with his eyes) a stimulus to the left and to the right. The officer notes the angle at which the pupil starts to exhibit “nystagmus” (the involuntary jerking of the eye). 10 An early onset of nystagmus (at or before a 45-degree angle) is associated with a high blood alcohol concentration. 11 Based on the San Diego PD tests, the National Highway Transportation Safety Administration claims the HGN test is 88% reliable. As of 2018, the NHTSA claims that there is a 79% correlation between poor performance on the WAT and a BAC of.08% or greater. 15 What happens during the “walk and turn” test. During the walk and turn test, a driver is required to follow and remember instructions while performing the following physical movements: Taking nine heel-to-toe steps on a real or imaginary line, Pivoting around, and Taking nine heel-to-toe steps back. 16 During the test, the officer will be watching for eight signs that may indicate impairment. Only three field sobriety tests have been standardized by the NHTSA. Yet there are a number of other FSTs routinely used by California law enforcement in DUI investigations. 22 The problem with these tests is that there is little or no demonstrated correlation between them and DUI impairment. Worse, procedural administration of the test may vary a great deal from one police officer to the next. Let’s take a quick look at a few of the most popular non-standardized drunk driving FSTs used by California officers. 2.1. The hand pat field sobriety test The hand-pat field sobriety test is a “divided attention” test for DUI. 23 During this test, a DUI suspect must pat one side of the hand and then the other while counting. The other hand should be placed on top of the first, with the palm facing down.

The top hand should then begin to pat the bottom hand. The top hand should rotate 180 degrees, alternating between the back of the other hand and the palm. The other hand remains stationary. The DUI suspect must then count out loud, “ONE, TWO, ONE, TWO, ONE, TWO, etc.,” in time with each pat. Law enforcement officials normally keep in mind the following four factors when administering the test. Repeat the foregoing movement six times (three with each hand). Adverse conditions can make field sobriety tests unreasonably difficult to perform. Police are supposed to make certain conditions are suitable for testing. But they do not always do so. The NHTSA requires that the three standardized field sobriety tests be performed under appropriate and safe test conditions. These tests are the walk and turn test, the one-leg stand test, and the horizontal gaze nystagmus test. There is no uniform set of procedures for police to follow when giving the non-standardized FSTs. But courts and juries will want to see that these tests were also given under fair and reasonable conditions. Conditions that can affect the validity of field sobriety tests include: Surface conditions Field sobriety tests should be given under conditions in which the DUI suspect is not in danger of falling. This means that FSTs should generally be conducted on a surface that is reasonably: Dry, Hard, Level, and Non-slippery. Lighting conditions Officers should make sure there is adequate lighting for the administration of field sobriety tests. The suspect should be able to see both the officer and the ground below fairly well. If the lighting is not adequate, the officer may use a flashlight to illuminate the ground. Not surprisingly, even sober people have trouble completing some of the FSTs in total darkness. 33 Auditory conditions The subject must be able to hear the officer give instructions during field sobriety tests.

If there is disruptive honking, sirens, or other noise disturbances, the officer should take the suspect to a more suitable location. 34 4. How accurate are field sobriety tests for DUI. The NHTSA cites accuracy statistics from three 1990s field studies. And even when done properly and under ideal conditions, they result in false “positives” more than 12% of the time. Clothing that may make FSTs inappropriate for gauging sobriety include: High heels or dress shoes, Boots, Shoes that are too tight, Tight pants, Baggy or beltless jeans or pants, Gloves, or Any other type of clothing that may have inhibited the driver’s ability to effectively maneuver or perform the test. 41 High heels can make it difficult for sober drivers to perform well on field sobriety tests for DUI. 4. Improper timing Timing is critical in several field sobriety tests. If these conditions do not exist, the accuracy of the FSTs will be compromised. The absence of approved procedures for other FSTs means that actual practices followed by officers can vary widely. Ventura County DUI lawyer John Murray explains how he fights these DUI sobriety tests: “Unlike the standardized FSTs, these other field sobriety tests have no uniform method of administration. Nor do they have any scientific data to support their reliability. The best California DUI defense lawyers will always aggressively attack results from non-standardized field sobriety tests.” 45 7. Non-alcohol related causes for coordination failures During field sobriety tests, officers monitor the subject for physical coordination. But lack of coordination can have many other causes. These precise instructions are required whether given verbally or by visual demonstration. 46 If the officer does not correctly instruct the suspect (either orally or visually) on how to properly conduct the test, the results are subject to challenge. 5. Can I refuse to take the FSTs. Should I?

There are no legal penalties for refusing to take any field sobriety test in California. 47 Politely declining the FST is, therefore, a valid option for a driver to take. And in theory, FSTs are just a tool to help an officer decide whether a driver is under the influence. But as noted by DUI expert witness Robert LaPier, 48 an officer has most likely already made his decision before requesting a field sobriety test. In this context, field sobriety tests are generally “designed for failure.” They are simply one more way for an officer to validate the traffic stop and gather further evidence against the driver. We generally recommend, therefore, that drivers politely decline to take any field sobriety tests when requested by an officer. Charged with DUI in California. Whether or not you took field sobriety tests, an experienced California DUI lawyer can help you fight your case. Call us for a free consultation to discuss the best DUI defenses for your situation. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California. We also have offices in Las Vegas and Reno if you need to challenge field sobriety tests in Nevada. Legal References: The National Highway Transportation Safety Administration’s 2018 DWI Detection and Standardized Field Sobriety Testing Instructor Guide claims the following accuracy percentages: horizontal gaze nystagmus (HGN) 88%; Walk-and-turn (WAT) 79%; One-leg stand (OLS) 83%. These percentages are based on field testing done by the San Diego Police Department. NHTSA Instructor Guide, endnote 1. Same. Same. Same. Same. Same. Same. Same. Same. Same. See, e.g., California Highway Patrol (December 2007). Memo Re: Highway Patrol Manual (HPM) 70.4, Driving Under the Influence (DUI) Enforcement Manual.

(“The Department recognizes five alternative FSTs and accepts that additional FSTs may be given if approved and authorized by the local district attorney.”)Although the Hand Pat test has not been tested under scientific conditions, experienced officers have indicated that it is a reliable FST.The hand pat test was also included in a Finnish DUI study conducted in 1974 and was implemented by the LAPD during the formation of their DRE program. It was implemented by the Los Angeles Police Department (LAPD) during the formation of their Drug Recognition Evaluator (DRE) program and accepted by NHTSA “due to its unique divided attention qualities.” See CHP memo, December 2007, endnote 22. CHP Memo, endnote 22. Mr. Murray defends clients in court and at the DMV in Ventura, Los Angeles, San Bernardino, and Riverside Counties. NHTSA instructor guide, endnote 1. See endnote 2. Robert “Bob” LaPier is a DUI defense expert witness and former police officer. He has instructed thousands of polices officers and hundreds of attorneys (both DUI defense lawyers and prosecutors) in the proper administration of field sobriety tests. As a result, law enforcement. Driving Under the Influence of Listerine. Do I have “the right to remain silent” if I am arrested for California DUI. Get Quick Legal Help. We usually respond in 5 minutes. They were so pleasant and knowledgeable when I contacted them. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Definitely recommend! Dee M. See More Reviews Home Nevada Cases Colorado Cases Attorneys ?Espanol? Contact Us Call us (855) 999-7755 Help is a Call Away Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. Call and tell us your situation. Let's see how we can help. This means Field Sobriety Tests require a person to concentrate on several things at once. Therefore, there should be a correlation between the divided attention tasks and driving.

Not so fast! Just because the rooster crows when the sun comes up, does not mean the rooster crowing caused the sun to rise. The Highway Patrol Manual says even when under the influence of alcohol, people can handle a single focused attention task fairly well. For example, a driver may be able to keep her car within the lane as long as the road is straight when the road curves, however, the impaired driver may not and run off the road. Prosecution and law enforcement believe Field Sobriety Tests simulate the divided attention characteristics of driving. They point out to operate a vehicle safely you must exercise the following mental and physical capabilities: Prosecutors and law enforcement claim FSTs are simple. This is wrong. They claim an average person should have no difficulty performing the tests when sober. However, this is also not true. Articles submitted to scientific journals are usually peer-reviewed. The peer-review process allows other scientists to critique the method and conclusions reached by the articles authors. HGN is not a psychophysical test. The clues associated with HGN are not designed to be considered “signs of impairment.” The NHTSA Manual says, “Horizontal Gaze Nystagmus is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side.” Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. A person impaired by alcohol will also often have difficulty smoothly tracking a moving object. In the HGN test, the officer looks at your eyes as you follow a slowly moving object such as a pen or tip of his finger, horizontally with your eyes. The cop looks for 3 clues in each eye: if your eye cannot smoothly follow a moving object, if jerking is distinct and sustained when your eye is at maximum deviation, and if the angle of onset of jerking is prior to 45 degrees of center.

NHTSA research also admits HGN may also indicate consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants. The NHTSA Manual says, in the Walk and Turn test, the cop must instruct you to place your left foot on the line and demonstrate. The cop must, then, instruct you to place your right foot on the line ahead of your left foot, with the heel of your right foot against the toe of the left foot and demonstrate. The cop must, then, instruct you to place your arms down at your sides, and demonstrate. The cop must, then say, “When you turn, keep your front foot on the line, and turn by taking a series of small steps with the other foot, like this.” The officer is required to demonstrate.The NHTSA Manual says in the One-Leg Stand test, the officer must instruct you to stand with one foot approximately six inches off the ground, keeping your foot parallel to the ground, and count aloud by thousands (One thousand and one, one thousand and two, etc.) until you are told to stop. The officer must tell you to keep your arms at your sides at all times and to keep watching your raised foot. The officer will time you for 30 seconds. The officer looks for 4 clues with a decision point of 2: swaying while balancing, using arms to balance (six inches or more), hopping to maintain balance, and putting your foot down. Horizontal gaze nystagmus (HGN) is not present unless there is also alcohol impairment, and the One-Leg Stand and Walk and Turn tests are not clear indicators of either impairment or lack of impairment at lower doses. In addition, a few miscues in performance can result in an individual being scored as impaired. For example, a person is viewed as impaired for missed two of nine points on the walk-and-turn test or two of five points on the one-leg stand test.

National Highway Traffic Safety Administration’s Standardized Field Sobriety Test Student Manual clearly describes how the “tests” should be administered under ideal conditions, but ideal conditions rarely exist in the field. Therefore, DUI Attorneys should carefully and thoroughly investigate where police officers gave these so-called tests and how they scored the results. Did you get a chance to practice for the test. Were you nervous? Did you tell the cop you had an injury, but he or she said “go and ahead and do it anyway.” Those standards include 24-hours of NHTSA-approved Standardized Field Sobriety Test instruction. The procedures for administering and interpreting SFST results can be readily learned and, generally, you get better with experience. However, it is very possible for SFST skills to get worse if not exercised regularly (e.g., absence from patrol work). Also, the SFST procedures have evolved since 1981. Changes to the procedures could likely result in an officer giving SFSTs according to outdated protocols. Therefore, NHTSA recommends law enforcement agencies conduct refresher training for SFST instructors and practitioners. He was certified in the procedures for administering and interpreting SFSTs. Call 714-721-4423 or contact to discuss your DUI. It is not intended to be a solicitation or to communicate any legal advice. Your use of this website does not establish an attorney-client relationship between you and our attorneys. The information and materials contained on this website are provided for informational purposes only and does not constitute legal advice. While the information contained on this website is believed to be accurate, it is not guaranteed to be correct, complete, or up-to-date and you should not act or rely upon any information or materials on this website without seeking the advice of an attorney licensed to practice in your jurisdiction.

The officer instructs the suspect to follow (with his eyes) a stimulus to the left and to the right. The officer notes the angle at which the pupil starts to exhibit “nystagmus” (an involuntary jerking of the eye). An early onset of nystagmus (at or before a 45-degree angle) is a clue associated with a high blood alcohol concentration. According to the National Highway Transportation Safety Administration (NHTSA), studies have revealed the HGN Test to be 77% reliable in determining whether a driver has a blood alcohol concentration above.10. 1 NHTSA has laid out detailed procedures for officers to follow when administering the horizontal gaze nystagmus test, as well as clues to look for in scoring the test. However, law enforcement officials are notorious for administering the test incorrectly. This generally stems from lack of training, improper training, and failure to adhere to the proper procedures. Consequently, countless innocent drivers are arrested daily as a result of improper testing instructions and methods. In the article below, our California DUI defense lawyers will first offer a brief description of the horizontal gaze nystagmus test. We will then discuss how the test is administered. Next, we will highlight the clues police look for when administering the test. We will then detail the current California case law on HGN. However, the test given at roadside in a DUI investigation is a test of “horizontal gaze nystagmus.” 2 Horizontal gaze nystagmus refers to an involuntary jerking of the eyes as the eyes gaze toward the side. In addition to being involuntary, the person experiencing the nystagmus is unaware of its occurrence. 3 The HGN test is one of three standardized field sobriety tests. The other two standardized field sobriety tests are the one-leg stand test and the walk and turn test.

These three tests are considered “standardized” largely because they have been the subject of numerous scientific studies clearly demonstrating the correlation between the three tests and DUI impairment. 4 Nevertheless, officers often rely on both standardized and non-standardized FSTs to aid in their DUI investigations. These non-standardized FSTs include the finger-to-nose test, the finger count test, the Rhomberg balance test, and the hand pat test. Out of all the FSTs administered by law enforcement officials, HGN has proven to be the most scientifically reliable field sobriety test. 5 Under the HGN test, jerking of the eyes should become considerably noticeable when a person is impaired. Under the HGN test, jerking of the eyes should become considerably noticeable when a person is impaired. 2. Horizontal Gaze Nystagmus Test Instructions Below are the horizontal gaze nystagmus test instructions given by the National Highway Traffic Safety Administration (NHTSA), to DUI law enforcement officers on how to administer and score the horizontal gaze nystagmus sobriety test: STEP 1: Give the DUI suspect the following instructions from a position of interrogation (that is, with your weapon away from the suspect): STEP 2: I AM GOING TO CHECK YOUR EYES. Request that the DUI suspect removes glasses or hard contact lens at this time if they are being worn. Nystagmus is not influenced by how clearly the suspect can see the object he is to follow.Position the stimulus 12-15 inches from the suspect’s eyes with your eye-level above his. STEP 3 Check the suspect’s right eye by moving the object to the suspect’s right. Have the suspect follow the object until the eyes cannot move further to the side. Make this movement in about two seconds, and observe: Whether the DUI suspect was able to follow the object smoothly or whether the motion was quite jerky; and How distinct and sustained the nystagmus is at the maximum deviation.

STEP 4 Move the object a second time to the 45-degree angle of gaze, taking about four seconds. As the subject’s eye follows the object, watch for it to start jerking. If you think you see nystagmus, stop the movement to see if the jerking continues. If it does, this point is the angle of onset. If it does not, keep moving the object until the jerking does occur or until you reach the imaginary 45-degree angle. Note whether or not the onset occurs before the 45-degree angle of gaze. (The onset point at a BAC of 0.10 percent is about 40 degrees. STEP 5 If the DUI suspect’s eyes start jerking before they reach 45 degrees, check to see that some white of the eye is still showing on the side closest to the ear, as in the photograph. If no white of the eye is showing, you either have taken the eye too far to the side (that is, more than 45 degrees) or the person has unusual eyes that will not deviate very far to the side. Use the criteria of onset before 45 degrees only if you can see some white at the outside of the eye. STEP 6 Repeat this entire procedure for the DUI suspect’s left eye. When observing the left eye at 45 degrees of gaze, some white of the eye again should be visible at the outside (closest to the ear) of the eye. 7 3. Horizontal Gaze Nystagmus Test Clues In order to determine whether a driver is intoxicated, law enforcement officials will typically watch for three major “clues” of intoxication per each eye during the administration of the horizontal gaze nystagmus test. Keeping these clues in mind, officers will then give one point for each clue that is spotted. Since there are three clues per eye, there is a total of 6 points potentially given out during the testing. Officers are not to score this item unless some white is visible on the outside of the right or left eye (closest to the ear) at the point of onset. Officers are not to score this item if they only see the faint jerking that occurs at the onset point.