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Massachusetts OUI / DWI / DUI Lawyer Russell Matson's Massachusetts Police Field Sobriety Test Training Manual

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Massachusetts DWI DUI OUI Field Sobriety Test Police Training Manual

 

 

 

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.

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.

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.

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

1. Yes—Do it Now
2. Wait—Look for Additional Evidence
3. No—Don’t Do lt

Consider the following examples.

1. 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.

2. 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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