AI-assisted research summary: The regulation approves three field sobriety tests, requires peace officers to use the approved test as far as a person's ability and circumstances allow, and bars untrained officers from requiring a field sobriety test.
Field Sobriety Test Regulation, M.R. 219/2004 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 219/2004 Registered December 8, 2004 bilingual version (HTML) Approval of field sobriety test 1 For the purposes of the definition "field sobriety test" in subsection 1(1) of The Highway Traffic Act , the following tests are approved, as a group, as a field sobriety test: (a) horizontal gaze nystagmus test, in which a peace officer makes a number of observations of each eye of the test subject while the subject's eyes follow or look at a hand-held object that the officer is moving or holding steady; (b) walk-and-turn test, in which a peace officer requires the test subject to listen to instructions and then to take a specified number of heel-to-toe steps in a straight line, turn on one foot and take the same number of heel-to-toe steps back in a straight line, while counting the steps out loud and looking at his or her feet; (c) one-leg stand test, in which a peace officer requires the test subject to listen to instructions and then to raise one of his or her feet and count out loud, while looking at the raised foot for a specified period timed by the peace officer. Field sobriety test procedures 2(1) When a peace officer requires a person to go through a field sobriety test, the officer must have the person go through the entire approved test to the extent of the person's ability to do it and the extent that circumstances permit. 2(2) When a peace officer requires a person to go through a field sobriety test, the officer should, to the extent circumstances permit, have the person go through the test components in the following order: (a) horizontal gaze nystagmus test; (b) walk-and-turn test; (c) one-leg stand test. 2(3) A peace officer must not require a person to go through a field sobriety test unless the officer is trained in administering the test and assessing a test subject's performance of the test. Coming into force 3 This regulation comes into force on the day that subsection 3(2) of The Highway Traffic Amendment Act (Police Powers Respecting Unsafe Drivers and Miscellaneous Amendments) , S.M. 2004, c. 11, comes into force.