South Dakota DUI testing

This is a discussion on South Dakota DUI testing within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; Can a part time noncertified officer (night patrol) perform a field sobriety test and make a DUI arrest on his own in South Dakota?...

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  1. #1
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    South Dakota DUI testing

    Can a part time noncertified officer (night patrol) perform a field sobriety test and make a DUI arrest on his own in South Dakota?


  2. #2
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    Is this officer an employee of the state/town or is he similar to a mall security guard? If they are sworn officers, regardless of them being part time, or the shift they work, then yes.
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  3. #3
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    I assume he is employed by the city. Are you sure it is legal? It would seem to me that in order to perform the sobriety and breathalyzer tests properly the individual should be required to have certification. How can they judge the outcome of each test if they don't even know if they have done the test properly? I was told that you do have to be certified in the neighboring state of Iowa. In that case he would be required to have a certified officer come to the scene and perform the tests to insure legal accuracy. In the video the officer demonstrates the heel to toe 9 steps out and back. The officer nearly falls over twice while showing how to do it. He explains it "walk out 9 steps heel to toe,spin around and come back". Hardly professional in my opinion though my opinion does not constitute law. Thanks for the opinion.

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    You are correct in that officers need some type of training and certification in dui classes/conducting standard field sobriety tests. However, you do not really know anything about the officer or his training. This is something that a dui lawyer questions the officer on during trial/pretrial. If you are correct in your assumptions, a dui lawyer will be able to have your charges dismissed or win your case for you.
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  5. #5
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    It's my son that was stopped and I have consulted a lawyer. I'm just weighing out the likely-hood of having the case dropped to a reckless driving charge due to improper performance of the sobriety tests. I'm fairly certain that the arresting officer is not certified and the prosecuting attorney is finding that info for us. I'm trying to educate myself as much as possible in hopes of determining whether to spend the extra money on a trial or to agree to a guilty plea bargain. My lawyer says suppression cases are very hard to win. Thanks for any help you can provide.
    Last edited by eyec360; 10-14-2011 at 01:22 AM. Reason: additions

  6. #6
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    The first thing I can suggest is to listen to your lawyer (and make sure you have a lawyer who SPECIALIZES in DUI law). This means if you hired a regular criminal law attorney, you are making a big mistake. The lawyer must concentrate on this specific area of law.

    Also why is the prosecutor the one researching this for you? Shouldn't your lawyer determine the qualifications of the arresting officer?
    If you can get the charges dropped from DUI to reckless driving, I think that is definitely a great option although I highly doubt a prosecutor would drop a possible felony to a traffic violation.
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