Quote:
Originally Posted by ITD
From a list of approved tests, or can they make it up as they go?
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There is a standard set of tests officers are taught at the Academy and later if they attend Intoxilyzer Training or advanced training in HGN techniques for testing for drug impairment. There are a number of tests to choose from and each particular officer will choose those they feel comfortable with depending on their particular training and sometimes on Department protocols.
I received training on different testing over the years, first at the Academy, and later when I was certified as in Intoxilzer Operator.
Whatever test you perform you best be well prepared to clearly articulate it to a Judge, Prosecutor and Defense Attorney. Defense Attorneys key in and hammer away at the tests officers perform as usually the roadside test is the evidence the officer is submitting that allowed him to develop the probable cause to effect the arrest.
If the Defense Attorney can discredit the roadside test most likely the Prosecutor will lose the case.