DRIVING UNDER THE INFLUENCE

The DUI evaluation has four phases.

*PHASE I: THE DRIVING PATTERN

What did the officer observe, and can he articulate it to a person that might be under the influence,
or was it due to a illness or injury?

QUESTION: Did the officer receive the proper training?

*PHASE II: INITIAL CONTACT

  What did the officer observe about the person that he stopped?

QUESTION: Can the officer articulate his observations such as:
   A) Bloodshot, watery eyes
   B) Slurred Speech
   C) Flushed face
   D) Odor of alcoholic beverage
   E) Etc.

      * PHASE III   STANDARD FIELD SOBRIETY TESTS

This is the most critical of any Driving Under the Influence Investigation.

QUESTION:   Has the officer received the Standardized Training that has been set
                         forth by the National Highway Safety Administration, acepted by the
                         International Association of Chiefs of Police?

The Standard Field Sobriety Test

Horizontal Gaze Nystagmus.
Walk and Turn.
One Leg Stand Finger to Nose Romberg Balance

        These test must follow the protocols as set forth by the National Highway Traffic Safety
         Administration, or the indicators that the officer observed are not validated indicators of
         alcohol levels.

                  * PHASE !V . THE BREATH TEST

        The breath sample has been challenged and will be continually challenged for the following
        reasons.

             A)  Poor or improper training of the officer.
             B) Improper instructions for the person to blow.
             C) Failure of the officer to follow the administrative rules that govern breath testing.
             D) Improper maintenance or no maintenance of the the Intoxilyzer.