Jes,
We started training members of the North Carolina Highway Patrol shortly after returning from the Seated SFST Train the Trainer Course in 2010. For us, interest spread quickly. In 2016, the Seated SFST Transition Course was actually made a part of the NCSHP Basic Academy. Last year they had to reduce their Academy by a week, so they cut it from the curriculum, but they continue to provide the training in-service once the Troopers hit the road. The DREs in NC also quickly realized the benefits of having a battery of tests to use in those instances where the Standing SFST Battery could not be administered for physical or environmental reasons. With the huge number of opiate impaired drivers who quickly blame pain for their inability to perform the Standing Tests, the Seated SFST Battery became a tool to use after they had completed the 12 step DRE process and wanted to obtain additional evidence of impairment. Since all of these evaluations were video taped, a vast majority of these defendants end up pleading guilty. Most of the DREs in North Carolina have completed the Seated SFST Transition Course. Word spread, and all of the major DWI Task Force Units in North Carolina have sought out this training for their members. Hundreds of officers in my State who will never have a working relationship with the water have now completed this training and are using it to keep our highways safer.
As far as success stories go, there are plenty. The first one that comes to mind though was a Trooper who stopped an individual for suspicion of driving while impaired only six days after he completed the Seated SFST Transition Course with his District. The defendant immediately told the Trooper that he could not do the Standing SFST Battery due to an old back injury. The Trooper told the suspect that he was in luck and invited him to have a seat on a cooler that he had in his trunk. The Trooper was able to gather evidence that he normally would not have had access to. It turned out that the subject had been charged with DWI four previous times and been found not guilty. The breath test had been suppressed for various reasons or the judge had decided that even though he had blown over the “illegal limit” there was no evidence that he was actually impaired. The Trooper was able to talk about more than the breath test at this trial and secured a conviction or driving while impaired.
The challenges for the Seated SFSTs are generally the same as with the Standing Tests. When it comes to drug impairment, it is all about the articulation. Alcohol is easier, but the officers need to have used the tests enough with either battery to be able to talk about them. One thing that does come up quite a bit is the argument from Defense Attorneys that “NHTSA did not validate these seated tests”. We have to remind them that NHTSA did not “validate” the Standing SFST Battery either. The Southern California Research Institute actually conducted the study that validated the Standing SFST Battery. It turns out that the Southern California Research Institute also conducted the validation study for the Seated SFST Testing Battery and that when the requisite number of clues were observed during the performance of the tests correct arrest, no arrest decisions were made. 91% equals 91% whether the subject is seated or standing.
After you have secured the support of your Command Staff, my suggestion would be to get in touch with your State’s Traffic Safety Resource Prosecutor. Then start a conversation with the DRE/SFST Coordinator for the State of Arizona. That helped us get things off the ground and we had plenty of people advocating for the widespread use of the Seated SFST Battery in those instances where the Standing Tests could not be administered. If an Officer is working traffic enforcement and has access to a reasonably flat, smooth, level surface then they should always administer the Standing SFST Battery. We all know that unless you strictly work in a city, you do not always have a safe place to administer those tests. In those cases, officers should use every tool at their disposal to gather evidence of impairment, and the Seated Battery has proven to be a valuable alternative.
Good luck. If I can be of further service, please let me know.
Todd Radabaugh
Original Message------
I started out my LE career with Arizona Game and Fish Department and found a keen interest in OUI/BUI enforcement. I became a DRE just before Arizona was in full swing to train all of the officers in the seated SFSTs and started noticing an increase in my OUI drugs arrests. I am now working for Arizona Department of Public Safety and am on the DUI squad. I have utilized the seated SFSTs numerous times for drug impaired investigations and am working towards my agency fully embracing the seated SFSTs so that I can train more troopers to be more proficient in DUI enforcement. Can anyone point out to me any of the following:
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any impairment cases (DUI or OUI/BUI) that went to trial and found challenges to the seated SFSTs
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any impairment cases with the seated SFSTs specifically with relation to drug impairment
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any states/agencies that are utilizing the seated SFSTs for DUI enforcement
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any success stories with the seated SFSTs regarding DUI investigations
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any challenging obstacles with regard to the seated SFSTs in DUI investigations
Thank you for your time.
-Jes
Trooper Jes Antolik, #10226
Arizona Department of Public Safety