SFST Legal Standards 2 — Questions and Answers
Question 1: Under the Fourth Amendment, what standard must an officer meet before conducting a traffic stop?
- Probable cause to believe a crime occurred
- Reasonable articulable suspicion of a violation (Correct answer)
- Preponderance of evidence
- Beyond reasonable doubt
Correct answer: Reasonable articulable suspicion of a violation
Traffic stops require only reasonable articulable suspicion, a lower standard than probable cause.
Question 2: Which Supreme Court case established that the SFST battery is scientifically reliable and admissible in court?
- Terry v. Ohio
- Miranda v. Arizona
- National Highway Traffic Safety Administration v. Landry
- Daubert v. Merrell Dow Pharmaceuticals (Correct answer)
Correct answer: Daubert v. Merrell Dow Pharmaceuticals
Daubert v. Merrell Dow established the federal standard for admissibility of scientific evidence, which courts apply to SFST results.
Question 3: What legal doctrine allows officers to arrest a DUI suspect who committed the offense outside the officer's presence?
- Plain view doctrine
- Exigent circumstances exception (Correct answer)
- Automobile exception
- Hot pursuit exception
Correct answer: Exigent circumstances exception
Exigent circumstances, including the evanescent nature of blood alcohol, can justify warrantless arrest even when the officer did not witness the driving.
Question 4: A driver arrested for DUI refuses to take a chemical test. Under implied consent laws, what is the typical consequence?
- Immediate criminal conviction for DUI
- Automatic license suspension or revocation (Correct answer)
- Mandatory jail sentence
- The case must be dismissed
Correct answer: Automatic license suspension or revocation
Implied consent laws impose administrative penalties such as license suspension for refusal to submit to chemical testing.
Question 5: Which standard of proof applies in a civil DMV hearing following a DUI arrest?
- Beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of the evidence (Correct answer)
- Probable cause
Correct answer: Preponderance of the evidence
Administrative DMV hearings use the preponderance of the evidence standard, not the criminal beyond-a-reasonable-doubt standard.
Question 6: When may an officer administer SFSTs to a driver who has not yet been formally detained?
- Never — SFSTs require formal arrest
- Only with a search warrant
- During a consensual encounter or investigative stop, with voluntary participation (Correct answer)
- Only after Miranda warnings are given
Correct answer: During a consensual encounter or investigative stop, with voluntary participation
SFSTs are voluntary field tests that may be requested during a consensual encounter or Terry stop before formal arrest.
Question 7: What does the term 'per se' DUI law mean?
- DUI conviction requires proof of impaired driving behavior
- A BAC at or above the legal limit is itself sufficient for conviction (Correct answer)
- Officers must observe erratic driving before making an arrest
- The defendant must admit to drinking
Correct answer: A BAC at or above the legal limit is itself sufficient for conviction
Per se laws make it illegal to drive with a BAC at or above 0.08% regardless of observed impairment.
SFST Legal Standards 2
Under the Fourth Amendment, what standard must an officer meet before conducting a traffic stop?