DUI ENFORCMENT 14.8
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: DUI ENFORCEMENT
GENERAL ORDER: 14.8
EFFECTIVE: December 1, 1999
RESCINDS: NEW
PAGES: 5
CONTENTS:
This order consists of the following numbered sections:
I. DETECTION AND REINFORCEMENT
II. INVESTIGATION AND SCREENING
III. CHEMICAL TEST ADMINISTRATION
IV. BOOKING AND ADMINISTRATIVE WORK
V. GLOSSARY
PURPOSE:
To establish procedures for handling persons charged with driving under the influence of alcoholic
beverages and controlled substances.
SCOPE:
This order applies to all law enforcement officers.
DISCUSSION:
When handling suspected DUI drivers or persons under the influence of controlled substances, this
department will offer chemical tests consistent with rules and regulations set forth by the State of Florida and local
guidelines established for prosecution by the state attorney’s office. The officer must decide whether or not there is
sufficient cause to stop the vehicle, whether to conduct further investigation to determine if the suspect may be impaired,
or for another unrelated traffic violation. The officer is not committed to arresting the suspect for DUI based on his/her
initial observation, but should concentrate on gathering all relevant evidence that may suggest impairment. The problem
of driving under the influence (DUI) is of an extremely serious nature. In an attempt to standardize testing of suspected
DUI drivers, certain procedures have been established and are to be followed by the arresting officer.
POLICY:
DUI detection and enforcement will be done according to established, standardized testing and in
conformance to law and this order.
PROCEDURE:
I. DETECTION AND REINFORCEMENT:
A.Observed Violations:
The officer while on patrol who observes a driver will note several indicators of
impairment.These clues will vary, and include both vehicular and human indicators of impairment. Upon deciding to
stop the vehicle, the officer will follow established guidelines for traffic stops and use safety techniques as necessary.
From the time the officer activates emergency lights, until the time the violator comes to a stop, the officer will make
note of any reinforcement clues that indicate impairment.
B.Traffic crash Investigation:
In most traffic crash situations, the responding officer did not actually observe
G.O. 14.8
the suspected DUI driver in control of the vehicle. The officer must first ascertain if any other parties can put the
suspect driver “behind the wheel”. If the suspected DUI driver committed a violation that resulted in the traffic
crash, then that violation(s) is the officer’s detection clue for the DUI violation.
II. INVESTIGATION AND SCREENING:
At the onset of a DUI investigation, the officer should begin to make
.
use of the DUI influence report form
A. Observed Violations:
Once the officer has come in contact with the suspected DUI driver, then the investigative
phase of the process begins. The officer will note any physical signs of impairment or any behaviors that indicate
impairment. These include, but are not limited to: odor of alcoholic beverage, bloodshot or watery eyes, impaired
speech, clumsiness, etc. If the officer feels that further screening is necessary, then physical performance tests should
be administered.
B.
There are five (5) standardized physical performance tests that are approved for use in the State of Florida. These
tests are the horizontal gaze nystagmus test, the walk and turn test, the one leg stand test, the finger to nose test, and the
Romberg/alphabet test. Each test is administered in a standard manner and the results are to be recorded on the DUI
influence report.
C. Traffic Crash Investigation:
If, during the investigation of a traffic crash the officer feels that one of the drivers
is DUI, then the officer will continue with the traffic crash investigation until the point is reached where the officer has
determined how the traffic crash took place.
1.
During the investigation, the officer will observe the suspect for any behaviors that indicate alcohol or drug
influence.
2.
Once the traffic crash investigation is complete, the officer will advise the suspect of the end of the traffic crash
investigation and the beginning of a criminal investigation and obtain an acknowledgment from the suspect.
3.
The officer may then administer physical performance tests as provided for under “observed violations”.
4.
If the suspect DUI driver has been injured in the traffic crash to the extent that he will be transported to a medical
facility, then administration of the physical performance tests may be inappropriate or impossible.
D.
If the results of the physical performance tests, in conjunction with other observations at the scene indicate to the
officer that the suspect is impaired, then the suspect may be placed under arrest for DUI. It is imperative to point out
that the decision to arrest is based solely upon the officer’s evaluation and judgment. The suspect must be under arrest
before they can be asked to submit to a chemical breath, urine or blood test.
1.
The arrested subject will be secured and transported according to established agency guidelines.
2.
The subject’s vehicle will be secured according to established agency guidelines.
III. CHEMICAL TEST ADMINISTRATION:
A.
After the DUI driver has been placed under arrest, he will be transported to the Palm Beach County Sheriff’s
Office where an approved chemical test will be administered.
B.
The entire chemical test administration procedure will be videotaped for evidential purposes. At the onset of the
testing, the operator will ask the officer if the suspect has been arrested for DUI. The arresting officer will then
request that the suspect be offered and administered an approved chemical test. The operator will then administer
a series of physical performance tests to the arrested driver. The results of the tests will be recorded on the DUI
influence report form that was initiated by the arresting officer.
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G.O. 14.8
C.
Following the administration of the physical performance tests, the driver will be offered a chemical test of his/her
breath or urine. The preferred test will be a breath test. If the subject agrees, then a breath test will be administered by
the operator.
1.
In accordance with the State of Florida rules and regulations, two (2) tests of the subject’s breath will be taken
within (5) minutes. If the results of the tests are more than +0.02% difference, then a third test will be given. If the
subject refuses to take any of the tests, then procedures for a refusal will be followed and an indication of such
refusal will be noted.
D.
After completion of the chemical test, the operator will advise the driver of their Miranda Rights and proceed with
a questioning of the driver. At the conclusion of the questioning, the operator will deactivate the videotape equipment
and complete the appropriate administrative paperwork and turn the suspect over to the arresting officer for booking.
1.
If the results of the breath test are below 0. 05% Florida Statutes presume that the suspect is not under the
influence of an alcoholic beverage. If the physical performance tests of the suspect were poor enough to give the
arresting officer probable cause to arrest the suspect for DUI, then the arresting officer should request that the
suspect submit to a urine test to detect the presence of controlled substances.
E. Urine Tests:
Procedures for administering the urine test are as follows:
1.
Allow the suspect to empty the bladder.
2.
Wait 20-30 minutes for the bladder to refill, offering water, if needed to assist the process.
3.
Have the suspect urinate in a urine collection cup; this must be witnessed to preserve the chain of evidence.
4.
Secure the lid of the sample cup with evidence tape and place into refrigerated evidence.
5.
If the suspect takes the breath test but refuses the urine test it is considered a refusal of the test and
the appropriate procedures will be followed.
F. Traffic crash Investigations:
1.
If the suspect DUI driver is not injured and taken to a medical facility, then the above chemical
test administration procedure will be followed.
2.
If the driver is transported to a medical facility for treatment of injuries sustained in a traffic crash,
then the officer may be authorized to take blood sample from the suspect for alcohol content analysis.
3.
Due to the fact that injuries sustained in a traffic crash may make the administration of physical
performance tests impractical or impossible, it is not necessary for the officer to place the driver under
arrest prior to requesting blood sample for analysis. If the driver is unconscious, the driver is presumed
to have given their consent for blood withdrawal and the sample may be taken. If the driver is conscious,
then permission to take the sample must be obtained. If the driver refuses to submit to the withdrawal, then
procedures for a chemical test refusal must be followed.
4.
Pursuant to Florida Statute 316.1933, if the driver has been involved in a traffic crash that resulted in serious
bodily injury or death, to either themselves or another, they do not have the right to refuse the withdrawal of blood
for alcohol content analysis, or the officer may use whatever reasonable force is necessary to obtain the sample.
5.
All blood samples will be taken using an approved blood alcohol collection kit.
6.
A request for blood test form should be pre-pared in duplicate, the original kept by the officer
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G.O. 14.8
and the duplicate given to the person drawing the sample. The officer should insure that the person
drawing the sample is authorized by law to do so. Florida Statute 316.1932 (1) (f) (2) requires that the
person taking the sample be a physician, certified paramedic, registered nurse, license practical nurse,
or duly licensed clinical laboratory technologist or clinical laboratory technician.
7.
The collection kit is to be turned over to the person withdrawing the sample. The officer will witness the blood
withdrawal and then take possession of the samples, labeling each and sealing each with the provided seals. The
samples, along with everything that was originally in the kit will be returned to the kit and sealed. The blood sample
will then be stored in refrigerated evidence.
G. Refusal to Submit to a Chemical Test:
A suspect arrested for DUI will be offered a breath, urine or blood test.
The arresting officer must then advise the suspect that refusal to submit to the chemical test offered will result in the
suspension of the suspect’s drivers license for a period of 12 months if this is their first refusal, or 18 months for a
second refusal to submit to the test. The subject will also be advised that refusal to submit to a chemical test shall be
admissible in court.
H. Request for Independent Test:
If the arrested suspect requests the withdrawal of a blood sample for
independent analysis, the officer will, after completion of the testing procedure, transport the subject to a facility for
withdrawal of a sample. The transportation should be provided in a timely manner. The suspect is financially
responsible for the withdrawal of the sample. The sample will be given to the suspect and they will be responsible
for it. Upon completion of the withdrawal, the suspect will be returned to the booking facility for completion of
administrative duties.
IV. BOOKING AND ADMINISTRATIVE WORK:
Once the chemical testing has been completed, then normal
booking procedures will be followed.
A.
The state attorney’s office has mandated the preparation of a probable cause affidavit by the arresting officer for
DUI arrest. The probable cause affidavit should include the following:
1.
How the suspect was established as being in physical control of the vehicle.
2.
Any detection or reinforcement clues noted.
3.
The actions noted during the investigative phase of the arrest, including physical performance tests administered
and the results of the tests.
4.
Results of any chemical tests administered.
B.
A Florida uniform traffic citation for DUI will be completed by the arresting officer. Additionally, citations for
any violations, which support the charge of DUI, should be issued. The citations should be copied for submission to
the state attorney’s office.
C.
Cases involving blood or urine samples will require the completion of a property receipt and toxicology report.
D.
A copy of all associated paperwork will be made and forwarded to the state attorney’s office following normal
case filing procedures.
V. GLOSSARY:
MOTOR VEHICLE - Any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or
guide way, excluding vehicles moved solely by human power, motorized wheelchairs.
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G.O. 14.8
CHEMICAL TEST - An infrared light test of a person’s breath to determine the alcoholic content of a person’s blood or
breath.
IMPAIRMENT - The impairment of a person’s normal faculties to include, the ability to see, hear, walk, talk, judge
distances, drive an automobile, make judgments, act in emergencies, and in general, normally perform the many mental
and physical acts of daily life.
SERIOUS BODILY INJURY - A physical condition that creates a substantial risk of death, serious personal
disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
INDEXING:
DRIVING UNDER THE INFLUENCE
ALCOHOL INFLUENCED PERSONS
DRUG INFLUENCED PERSONS
DRAFTED:
RLG/October 29, 1999/Filed: Duienf14.8
APPROVED:
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
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