I know that there is certification required for blood alcohol testing in a DUI arrest. Are police officers in Oklahoma also being trained in conducting field sobriety tests or there’s really no need for certification for this?

Brylee

Lawton, OK

The Standardized Field Sobriety Testing Program recommends law enforcement to develop refresher or in service training, as needed, to ensure that SFST trained personnel maintain their proficiency in the administration of their total DUI or DUI enforcement program; this includes police officers in Lawton, Oklahoma who administer field sobriety tests during a DUI investigation.

The said program would require an officer to obtain 20 practice tests prior to being considered certified in the Horizontal Gaze Nystagmus (HGN). There would be no time limit on when these tests can be obtained. It is also required to have 35 practice tests within a six month period. A refusal could not be considered a practice test as the evaluation of the DUI suspect must be supported by a blood alcohol reading. An officer is being trained to administer the HGN test last during his practice test period and not to formulate an opinion based on the results or use it for probable cause to arrest. Officers are told not to document the test because of this.

Because of some people I know here in Oklahoma City, Oklahoma who have been arrested for DUI, I would have to be cautious all the time and as much as possible avoid drinking and driving. But if in a very unavoidable circumstance that I would be caught drunk driving, how can a police officer ask a driver to go down the vehicle and conduct some field sobriety tests?

Amir

Oklahoma City, OK

A police officer, first of all should, have a valid point in making a DUI stop. He/she should have a probable cause to believe that you were actually drunk driving and therefore would give a reason for him/her to make a lawful stop. If in case you are suspected by a police officer in Oklahoma City, Oklahoma to be driving under the influence, he/she would observe your driving pattern. If you’re already asked to stop, the officer would then observe physical signs that you are drunk driving. Your appearance and speech would be observed and if you had something to drink, the officer would most likely “smell” alcohol from your breath or inside your car.

If the officer already has a reasonable suspicion to believe that you are impaired based on their training and experience, he/she can continue to the next investigative step. You will then be asked to step out of the vehicle and further observe your physical coordination, speech and general orientation to the location of the traffic stop. He/she would most likely ask you if you know where you are and you will be advised to do some field sobriety tests. If you fail the tests, you will be asked to do a blood alcohol test. If you refuse the test or if your blood alcohol level is above the legal limit, you will be arrested for DUI and be taken to the police station.

I was asked to stop by a police officer because of speeding and eventually, I was arrested for DUI. There was no speeding charge on my ticket. How can the officer arrest me with DUI if I was pulled over for just speeding and why was there no speeding charge on my ticket, only DUI?

Fabian

Broken Arrow, OK

It could be unfortunate that you were only asked to stop because of speeding and you were already charged with DUI in Broken Arrow, Oklahoma. Well, actually, a police officer has probable cause to pull you over if he/she observes you speeding, or committing any other type of traffic violation or crime. If you were already pulled over and the police officer suspects that you are driving under the influence which is aroused based upon the smell of alcohol, drugs or other intoxicant, or if you admitted to drinking, etc., you can be subjected to any variety of standardized field sobriety tests and then potentially get arrested for DUI.

The reason why you only have DUI not speeding on your ticket is because DUI is the more serious infraction, thus the crime you will be cited for. The police report in regard to your DUI arrest will reflect the fact that you were actually speeding and that will be taken into account by the prosecution when plea bargaining or trying your DUI case in Oklahoma.