Scott has successfully completed The Standardized Field Sobriety Test Instructor Training School recognized by the National Highway Traffic Safety Administration.
DUI investigations are to be performed in a standardized manner. Scott has the knowledge and experience to hold Law Enforcement Officers (LEOs) accountable for any mistakes that are made during the investigation process. These mistakes impact the credibility and reliability of the evidence that LEOs use to establish probable cause for a DUI arrest. Evidence that is not credible or reliable creates reasonable doubt.
There are three phases to a DUI investigation:
PHASE ONE – Vehicle in Motion
LEOs are trained to look for 24 cues as indicators that a driver operating a motor vehicle at night has at least a .08 BAC or higher.
PHASE TWO – Personal Contact
LEOs are also trained to look for additional evidence of impairment. Generally, this evidence consists of things that the officer sees, hears, and smells. Officers also employ divided attention techniques that require the driver to concentrate on two or more things at the same time.
PHASE THREE- Pre-Arrest Screening
LEOs are further trained on how to conduct Standardized Field Sobriety Tests (SFSTs). There are three SFSTs recognized by the National Highway Traffic Safety Administration (NHTSA). These three tests are the Horizontal Nystagmus Gaze, the Walk and Turn, and the One Leg Stand. It is absolutely critical that these tests are conducted in the standardized format recognized by NHSTA to produce reliable and credible evidence.
Once a LEO has concluded Phase Three, the LEO will decide if there is enough evidence to support probable cause to make an arrest for DUI.
If the LEO has decided to make an arrest for DUI, the subject will be transported to a location where he/she will be advised of his/her implied consent rights for breath, urine, and/or blood testing. Any breath, urine, or blood evidence that is collected by the LEO is also subject to strict scrutiny before it can be relied upon. Scott has the knowledge and experience to scrutinize this evidence in every conceivable fashion to test its reliability.
South Carolina has also enacted laws that require DUI investigations to be recorded on video. If a LEO does not comply with the video recording requirements under the law, the underlying DUI arrest could be substantially impacted.