1. (a) To qualify for a standardized field sobriety testing (SFST) instructor proficiency certificate, an applicant must meet all proficiency requirements including:

   1. (1) successful completion of the NHTSA SFST Practitioner course;
   2. (2) at least three years of experience as an SFST practitioner;
   3. (3) current instructor license or certificate issued by the commission;
   4. (4) successful completion of the commission-approved SFST Instructor Course or Drug Recognition Expert (DRE) Instructor Course;
   5. (5) completion of a commission-approved SFST Instructor Refresher Course or DRE Refresher Course within the last two years;
   6. (6) demonstrated proficiency in administration of SFST before a certified SFST instructor or NHTSA representative; and
   7. (7) submit a completed application, in the format currently prescribed by the commission, and any required fee.

2. (b) An SFST instructor proficiency certificate will be valid for two years from date of issue. After that time period, the applicant must requalify by:

   1. (1) completing a commission-approved SFST Instructor Refresher Course; and
   2. (2) demonstrating proficiency in the administration of a standardized field sobriety test before a certified SFST instructor or NHTSA representative.
3. (c) This certificate is required to instruct the SFST Practitioner BPOC Course, SFST Practitioner Course, SFST Practitioner Refresher Course, SFST Instructor Refresher Course, or SFST Instructor Course.
4. (d) The effective date of this section is June 1, 2026.

Source Note:The provisions of this §221.33 adopted to be effective January 7, 2007, 32 TexReg 102; amended to be effective February 24, 2011, 36 TexReg 589; amended to be effective June 1, 2026, 51 TexReg 3613.