SFST and dre testing

• Author: Nathan Baker
• Pages: 10-30

CHAPTER

2

SFST

and

DRE

Testing

Physical

testing

for

the

presence

and

impairment

of

drugs

in

Canada

is

accomplished

through

the

Standardized

Field

Sobriety

Tests

(SFST)

and

Drug

Recognition

Evaluations

(DRE).

The

SFST

forms

an

integral

part

of

the

DRE

testing

but

is

to

be

used

only

for

screening

in

Canada

whereas

the

DRE

is

to

be

used

as

evidence

at

a

trial

proper.

A

useful

way

of

considering

them

is

that

the

SFST

acts

like

an

Approved

Screening

Device

(ASD),

to

provide

grounds

for

an

arrest,

while

the

DRE

is

more

akin

evidentially

to

the

Approved

Instrument

(Al),

only

justifiable

if

rea



sonable

and

probable

grounds

exist

but

then

for

the

purpose

of

proving

the

charge

before

the

court.

The

total

sum

of

the

testing

that

is

allowed

to

be

statutorily

compelled,

and

the

only

testing

that

has

been

approved

for

use,

is

enumerated

in

the

regulation

to

the

Criminal

Code:

Evaluation

of

Impaired

Operation

(Drugs

and

Alcohol)

Regulations,

SOR/2008-196.

Item

2

allows

for

the

use

of

physical

screening

tests

to

be

undertaken

pursuant

to

section

2,54(2)

(a)

as

being

those

involved

in

the

SFST:

2.

The

physical

coordination

tests

to

be

conducted

under

paragraph

2

54

(2)

(a)

of

the

Criminal

Code

are

the

following

standard

field

sobriety

tests:

(a)

the

horizontal

gaze

nystagmus

test;

(b)

the

walk-and-tum

test;

and

(c)

the

one-leg

stand

test.

10

Chapter

2:

SPST

and

DRE

Testing

The

regulation

goes

on

to

state

the

tests

to

be

completed

in

relation

to

a

subsection

253(3.1)

demand

as

being

those

that

form

the

DRE:

3.

The

tests

to

be

conducted

and

the

procedures

to

be

followed

during

an

evaluation

under

subsection

254(3.1)

of

the

Criminal

Code

are

(a)

a

preliminary

examination,

which

consists

of

measuring

the

pulse

and

determining

that

the

pupils

are

the

same

size

and

that

the

eyes

track

an

object

equally;

(b)

eye

examinations,

which

consist

of

(i)

the

horizontal

gaze

nystagmus

test,

(ii)

the

vertical

gaze

nystagmus

test,

and

(iii)

the

lack-of-convergence

test;

(c)

divided-attention

tests,

which

consist

of

(i)

the

Romberg

balance

test,

(ii)

the

walk-and-tum

test

referred

to

in

paragraph

2(b),

(iii)

the

one-leg-stand

test

referred

to

in

paragraph

2(c),

and

(iv)

the

finger-to-nose

test,

which

includes

the

test

subject

tilting

the

head

back

and

touching

the

tip

of

their

index

finger

to

the

tip

of

their

nose

in

a

specified

manner

while

keeping

their

eyes

closed;

(d)

an

examination,

which

consists

of

measuring

the

blood

pressure,

tem



perature,

and

pulse;

(e)

an

examination

of

pupil

sizes

under

light

levels

of

ambient

light,

near

total

darkness,

and

direct

light

and

an

examination

of

the

nasal

and

oral

cavities;

(f)

an

examination,

which

consists

of

checking

the

muscle

tone

and

pulse;

and

(g)

a

visual

examination

of

the

arms,

neck,

and,

if

exposed,

the

legs

for

evidence

of

injection

sites.

What

is

meant

by

each

of

these

tests

is

better

defined

in

the

training

that

an

officer

receives

to

undertake

SFST

or

to

be

designated

as

a

DRE

officer.

Officers

are

taught

to

break

down

their

tests

into

twelve

steps:

1.

Breath

Alcohol

Test

(Note

that

in

Canada

this

is

not

authorized

to

be

completed

by

a

DRE

officer

unless

so

authorized

by

section

254(3.3),

which

allows

for

test



ing

if

a

reasonable

suspicion

exists,

no

breath

sample

has

been

taken,

II