An evaluation of the National Highway Traffic Safety Administration Horizontal Gaze Nystagmus test at a .08 blood alcohol concentration for the State of Texas

This study investigated the blood alcohol concentration (BAC) predictions of above or below the .08 per se level by Texas peace officers in the field based on the scoring of the National Highway Traffic Safety Administration (NHTSA) Horizontal Gaze Nystagmus (HGN) test. This study involved the submission of 35 standardized field sobriety testing (SFST) evaluations, including the HGN test from Texas peace officers throughout the State of Texas in a six-month period after completion of the SFST practitioner course. A total data set of 2,000 individual samples was used for this study. A statistical analysis of the data indicated that Texas peace officer BAC predictions of above or below the .08 per se level, based upon the observation and scoring of the observed clues during the administration of the HGN test, were 92.8% accurate during the first six month period upon completion of the SFST practitioner course. An analysis of the data also indicated that Texas peace officer BAC predictions of above or below the .08 per se level, based upon the observation and scoring of the observed clues during the administration of the HGN test, were more accurate during the second three-month period (94.0%) as opposed to the first three-month period (91.6%) upon the completion of the SFST practitioner course. There was no statistical significance found between the two three month periods for BAC predictions by the Texas peace officers. The mean BAC for this study was .114. Three recommendations were made as a result of this study. First, the Texas peace officer should submit the 35 SFST evaluations on a bi-yearly basis to ensure consistency in the administration of the tests. Second, the Texas peace officer should attend SFST update training on a bi-yearly basis to maintain proficiency in the SFST battery and curriculum. Third, the current SFST practitioner curriculum should focus more on the administration and scoring of the SFSTs including the HGN test to maximize the learning of the competencies of the correct administration and scoring of the SFST battery

An evaluation of the National Highway Traffic Safety Administration Horizontal Gaze Nystagmus test at a .08 blood alcohol concentration for the State of Texas

This study investigated the blood alcohol concentration (BAC) predictions of above or below the .08 per se level by Texas peace officers in the field based on the scoring of the National Highway Traffic Safety Administration (NHTSA) Horizontal Gaze Nystagmus (HGN) test. This study involved the submission of 35 standardized field sobriety testing (SFST) evaluations, including the HGN test from Texas peace officers throughout the State of Texas in a six-month period after completion of the SFST practitioner course. A total data set of 2,000 individual samples was used for this study. A statistical analysis of the data indicated that Texas peace officer BAC predictions of above or below the .08 per se level, based upon the observation and scoring of the observed clues during the administration of the HGN test, were 92.8% accurate during the first six month period upon completion of the SFST practitioner course. An analysis of the data also indicated that Texas peace officer BAC predictions of above or below the .08 per se level, based upon the observation and scoring of the observed clues during the administration of the HGN test, were more accurate during the second three-month period (94.0%) as opposed to the first three-month period (91.6%) upon the completion of the SFST practitioner course. There was no statistical significance found between the two three month periods for BAC predictions by the Texas peace officers. The mean BAC for this study was .114. Three recommendations were made as a result of this study. First, the Texas peace officer should submit the 35 SFST evaluations on a bi-yearly basis to ensure consistency in the administration of the tests. Second, the Texas peace officer should attend SFST update training on a bi-yearly basis to maintain proficiency in the SFST battery and curriculum. Third, the current SFST practitioner curriculum should focus more on the administration and scoring of the SFSTs including the HGN test to maximize the learning of the competencies of the correct administration and scoring of the SFST battery

State v. Besaw Clerk\u27s Record v. 2 Dckt. 39874

https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/1686/thumbnail.jp

Nystagmus & convergence testing in intoxicated individuals

Background. Law enforcement officers routinely conduct psychophysical tests to determine if an impaired driver may be intoxicated or in need of medical assistance. Testing includes assessments of eye movements, using the Horizontal Gaze Nystagmus (HGN), and Vertical Gaze Nystagmus (VGN) tests, which are conducted at roadside by patrol officers. Law enforcement officers trained as Drug Recognition Experts (DREY\u27s) use the HGN and VGN test along with an additional test to assess drug impairment known as the Lack of Convergence (LOC) test. LOC will be present with intoxication due to certain drugs other than, or in addition to, alcohol. The HGN and VGN tests previously also have only been validated when the subject is placed in a standing posture with head upright. The LOC test previously has been validated in the same posture with head upright, but with a high number of false positives. However, certain conditions require that the subject be tested while seated or supine. The goals of the current study are to confirm the validity and reliability of HGN and VGN in the standing posture and to establish their validity and reliability in the seated and supine postures. It is also a goal to determine a criterion distance that reduces the number of false positives, and to establish the validity and reliability of the LOC test for standing, seated and supine postures. Methods. The study was conducted at alcohol workshops in the Pacific Northwest. Ninety-six volunteer drinkers were tested when sober and three times after drinking alcohol by 40 volunteer officers experienced in administering the tests. Blood alcohol concentration (BAC) was measured objectively with a calibrated breath analysis instrument each time a subject was tested. Results. The number of eye movement clues observed during the HGN test at any posture increase with increasing BAC. The presence of VGN at any test posture occurs only at high levels of intoxication, as defined for the individual subject. The presence of LOC at any test posture increases with increasing BAC. A criterion distance of 3 in (8 cm) from the bridge of the nose reduces the number of false positives observed. Conclusions. The HGN test administered in t\u27he standing, seated, and supine postures is able to discriminate intoxication at criterion BAC\u27s of 0.08 and 0.10%. The HGN test also is able to discriminate intoxication at BAC\u27s below 0.08%. The VGN test is able to identify high levels of intoxication at any test posture. Therefore, these tests can be used by an officer to determine if a driver is intoxicated regardless of whether the driver is standing, seated, or supine. With the new criterion distance, the LOC test administered in the standing, seated, and supine postures aids in the discrimination of intoxication at criterion BAC9s of 0.08 and 0.10%, as well as at BAC\u27s below 0.08%. The LOC test should, therefore, be able to aid in the detection of intoxication due to drugs other than alcohol that have similar effects on convergence. This test can be used by a DRE to determine if a driver is intoxicated regardless of whether the driver is standing, seated, or supine

State v. Besaw Appellant\u27s Reply Brief Dckt. 39874

https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/1689/thumbnail.jp

Medicolegal Evaluation of Suspected Alcohol Consumption

Background: To note diagnostic methodology employed by medicolegal officer for evaluation of subjects brought by Police for confirmation of suspected alcohol consumption. Methods: In this cross sectional, observational study,. data of subjects evaluated for suspected alcohol intake was retrieved. Police statement regarding reason for suspecting alcohol consumption, statement of the subjects accused of alcohol consumption, examination findings of medicolegal officer (MLO), details regarding chemical evaluation of body fluids, and conclusion or final report of MLO were sought. Results: 3253 subject’s details were available. 97% (n=3165) of these were making noise with or without din, when apprehended. Standard procedure for evaluation of suspected alcohol was not followed by MLO in most of cases. MLO gave a positive final opinion for alcohol consumption in 95.2% (n=3099) subjects. In 93.12% (n=2887) of these subjects, it was substantiated by laboratory report, while in 6.84% (n=212) subjects no laboratory evaluation was sought. A negative opinion about alcohol consumption was given in 3.50% (n=114) of the subjects. Police suspicion of alcohol consumption and positive final opinion by MLO correlated significantly(p value <0.00001). Conclusion: Police suspicion of alcohol intake and positive medicolegal opinion (clinical and laboratory) of alcohol intake correlate significantly. Medicolegal officers do not comply with standard operating procedures in most of cases

State v. Besaw Clerk\u27s Record v. 3 Dckt. 39874

https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/1687/thumbnail.jp

Drug Evaluation and Classification Program: An Evaluation and Validation Study in the State of Florida

Over the past several decades, the fatality rates in traffic crashes related to drug-impaired driving have increased significantly. Specialized law enforcement officers are currently being deployed to help reduce the number of drug-related traffic crash fatalities and identify drugged impaired drivers. The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP) developed the drug evaluation and classification program (DECP) to certify law enforcement officers as drug recognition experts (DREs). An evaluation and validation study was conducted on the DECP in Florida. The purpose of the study was to evaluate the DECP in Florida to determine the accuracy rates of DREs and determine which core set of measurements (signs and symptoms) from the drug influence evaluation (DIE) face sheets correspond to each of the seven drug categories, and to determine if any core set of measurements from the DIEs are identified with the inaccuracies of DRE opinions. This study is a quantitative cross-sectional descriptive and predictive examination of Florida\u27s DECP. The population for this study comprised the enforcement DIEs and toxicological results for 2019 in the state of Florida with a target sample size being calculated for a logistic regression analysis. This study analyzed the DECP accuracy rates in Florida during 2019. The study also completed a binary logistic regression analysis to determine the core set of measurements (signs and symptoms) to predict the drug categories determined by toxicology results and the core set of measurements (signs and symptoms) to predict the drug categories inaccurately determined by the DREs

The drug evaluation classification program: Using ocular and other signs to detect intoxication

Background: A systematic approach to determining drug intoxication has been developed for use by police officers. By considering specific physiological signs, trained officers can detect the effects of seven major drug types. Methods: Officers follow a 12 step testing sequence and evaluate signs such as pupil sizes and responses, eye movements, heart rate, body temperature, mental timing, and balance. A matrix is then used to compare the subject\u27s signs to those that would be produced by the seven types of drugs. If a pattern match is found, the officer concludes that the subject is under the influence of a drug and specifies the drug type. Results: Several field and laboratory validation studies have been conducted using these procedures. In general, officers were 70 to 90% accurate in determining intoxication status and drug classification, but poly-drug use and drug rebound effects can sometimes cause problems. Summary: Ocular and other physiological signs can be used to detect drug intoxication and classify the type of drug taken. Knowledge of the procedures used in the Drug Recognition Program can enable optometrists to serve as consultants to the police and as expert witnesses in cases involving the use of ocular signs that indicate drug use

RESIDUAL NEXT-DAY EFFECTS OF ALPRAZOLAM ON PSYCHOMOTOR PERFORMANCE AND SIMULATED DRIVING IN HEALTHY NORMAL VOLUNTEERS

The prevalence of drugged driving has increased in the United States, and some prescription medications (e.g., zolpidem) cause impairment after the predicted duration of therapeutic action has elapsed. The aim of this study is to determine if bedtime administration of alprazolam similarly impacts driving performance the following day. Volunteers were 14 healthy adults (6 males) who completed a double-blind, double-dummy within-subjects design study examining the effects of alprazolam (0.5, 1, & 2mg), zolpidem (10mg), and placebo administered at bedtime on driving performance the following day. The positive control condition was alprazolam (1mg) administered on the test morning. Driving simulator measures, cognitive and psychomotor tasks, and questionnaires querying drug effects were collected the afternoon before drug administration and for 5.5 hours the next day and analyzed using symmetry and mixed-model approaches. The positive control was robustly impairing. Driving impairment equivalent to that seen with alcohol at the legal limit was observed up to 12.5hr after bedtime alprazolam 2mg and for 8.5hr after bedtime zolpidem 10mg. Volunteers were not fully aware of their own level of impairment. These results suggest that alprazolam used before bed may pose an as yet unrecognized public safety risk in the form of next-day drugged-driving