ZERO TOLERANCE 14.9
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: ZERO TOLERANCE
GENERAL ORDER: 14.9
EFFECTIVE: December 1, 1999
RESCINDS: NEW
ACCREDITATION
STANDARDS:
PAGES: 5
CONTENTS:
This order consists of the following numbered sections:
I. ENFORCEMENT PROCEDURE
II. DOCUMENTATION OF SUSPENSION
III. PORTABLE BREATH TESTING INSTRUMENT (PBT)
IV. PAPERWORK DISTRIBUTION
V. GLOSSARY
PURPOSE:
To establish procedures for the enforcement of the Zero Tolerance Law.
SCOPE:
This order applies to all law enforcement officers.
DISCUSSION:
Pursuant to section 322.2616, Florida Statutes, it is unlawful for a person under the age of 21 to drive
or be in actual physical control of a motor vehicle if the person has a breath alcohol level of 0.02 percent or higher. A
law enforcement officer is permitted to detain any person under the age of 21 for the purpose of obtaining a breath test
sample if driving or in actual physical control of a motor vehicle while having a measurable breath alcohol level.
POLICY:
The enforcement of the Zero Tolerance law will be done according to established testing and in conformance
to law and this order.
PROCEDURE:
I. ENFORCEMENT PROCEDURE:
A.Lawful Contact:
A lawful contact must be made before an underage driver can be checked for a violation of
section 322.2616, Florida Statutes. Lawful contacts include, but are not limited to:
1.
A traffic stop related to a violation of Florida Law.
2.
Contacts at a Safety and/or Sobriety Checkpoint.
3.
Contact at the site of a traffic crash.
G.O. 14.9
4.
A consensual encounter with an underage driver.
B.Rule out a violation of the DUI statute:
Before checking the underage driver for a violation of the Zero
Tolerance law, the Tequesta police officer will rule out the possibility that the driver is impaired under section
316.193, Florida Statutes. The officer should:
1.
Interview the underage driver, check for signs of impairment, and verify the driver’s age and identity.
2.
Check the driver for a medical bracelet.
3.
When the officer has reasonable suspicion to believe that the driver’s ability to operate a motor vehicle is
impaired, the officer should have the driver perform standardized field sobriety tests in accordance with general
order 14.8.
4.
Determine if probable cause exists to make an arrest for DUI. If the officer has probable cause to
charge the driver with DUI, the driver should be arrested according to policy and the officer will not
continue the investigation into a violation of the Zero Tolerance law.
C. Checking for a Violation of the Zero Tolerance Law:
If probable cause does not exist to arrest the
underage driver for DUI, but there are indicators that the driver has been drinking, the officer will determine
if the driver is in violation of section 322.2616. Florida Statutes.
1.
After monitoring the driver for at least twenty (20) minutes, a trained portable breath-testing operator will request
the driver to perform a breath test consisting of two adequate samples of breath on a portable breath test instrument
(PBT).
2.
If the officer is not a trained PBT operator, the officer will continue to monitor the driver while requesting the
assistance of a trained PBT operator. The trained PBT operator will conduct the breath test after at least twenty
(20) minutes has elapsed since the initial officer started to monitor the driver.
3.
If the two breath samples yield breath alcohol levels of 0.02 percent or higher, the officer will take the driver’s
license and issue a suspension using the forms provided by the Department of Highway Safety and Motor Vehicles.
4.
If the driver questions the PBT breath test or refuses to take the test, the officer will read the following implied
consent warning:
“I am now requesting that you submit to a test of your breath for the purpose of determining the alcoholic content
of your breath. If you refuse to take the test, your privilege of operating a motor vehicle will be suspended for a
period of one year, or 18 months if your license has been previously suspended for refusing to submit to a
required test.”
5.
If the driver continues to refuse, the officer will take the drivers license and issue a suspension using
the forms provided by the Department of Highway Safety and Motor Vehicles.
6.
If the driver gives only one breath sample, then refuses to give a second sample, the officer will take
The failure to give a second breath
whatever action is warranted based on the result of the first breath sample
sample will not be documented as a refusal to submit.
D. Violation of the Zero Tolerance Law:
When an underage driver is found to be in violation of section
322.2616, Florida Statutes, but is not arrested for another violation of Florida Law, the driver will be advised not to
drive and reasonable measures will be taken by the officer to ensure the safety of the underage driver and his or her
vehicle.
1.
Since probable cause for a DUI arrest was eliminated prior to the start of the investigation into a violation of the
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G.O. 14.9
should not
Zero Tolerance law, an arrest be made under section 316.193, Florida Statutes, even if the PBT breath
sample(s) reveal a breath alcohol level in excess of 0.08 percent.
II. DOCUMENTATION OF SUSPENSION:
A. Notice of Suspension Citation:
1.
Fill out the form legibly and completely.
2.
Mark the appropriate box for the reason for the suspension.
3.
If the driver’s license is surrendered, attach it to the white copy of the citation and send it to the
appropriate DHSMV hearing office.
4.
Mark the appropriate box for permit issuance. If an individual refuses to take the breath test, it does
not mean that the person is ineligible for the permit.
5.
Fill in the appropriate DHSMV hearing office where the driver can request a formal or informal
review.
B. Affidavit of Probable Cause:
1.
Fill out the form legibly and completely.
2.
If more space is needed, attach additional numbered pages to the affidavit.
3.
Insure that each person who completes the form signs on the appropriate line.
4.
All affidavits must be notarized or attested to and the oath must be administered. If an officer has attested to the
initiating officer’s signature, make sure he or she indicates their rank or title in the appropriate place.
C. Breath Test Result Affidavit:
1.
Fill out the form legibly and completely.
2.
Insure that each person who completes the form signs on the appropriate line.
3.
All affidavits must be notarized or attested to and the oath must be administered. If an officer has
attested to the initiating officer’s signature, make sure he or she indicates their rank or title in the
appropriate place.
D. Affidavit of Refusal to Submit to Breath Test:
1.
Fill out the form legibly and completely.
2.
Insure that each person who completes the form signs on the appropriate line.
3.
All affidavits must be notarized or attested to and the oath must be administered. If an officer has
attested to the initiating officer’s signature, make sure he or she indicates their rank or title in the
appropriate place.
III. PORTABLE BREATH TESTING INSTRUMENT (PBT’s):
A.
Only officers who are trained PBT operators may administer breath tests utilizing a PBT. To become a PBT
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G.O. 14.9
operator, an officer must first complete an approved program. Officers certified to operate a portable breath testing
instrument shall maintain a detailed log containing information on each portable breath testing case.
B.
Portable breath testing instruments shall be calibrated every thirty (30) days and recalibrated every six (6) months
by certified maintenance operators only.
C.
Portable breath testing instrumentsshall be stored in a secure location.
D.
It shall be the responsibility of the maintenance operator to examine the PBT instrument. The maintenance
operator shall insure that all components of the PBT instrument, including “Dongel Key”, are present and in good
working condition. If deficiencies are noted, the portable breath-testing instrument shall be removed from service until
the deficiencies are corrected.
1.
If deficiencies in a PBT instrument are discovered by a PBT operator, the instrument will be removed from
service by the PBT operator. A memorandum describing the nature of the malfunction, along with the PBT, will be
returned to the maintenance operator. The maintenance operator will have the malfunction repaired and return the
instrument to service.
IV. PAPERWORK DISTRIBUTION:
A.
A copy of each of the forms listed below will be sent to DHSMV:
1.
Affidavit of Probable Cause;
2.
Breath Test Result Affidavit;
3.
Affidavit of Refusal to Submit to Breath Test (if applicable);
4.
Notice of Suspension Citation (white copy);
5.
Copy of offense report;
6.
Copy of crash report (if applicable);
7.
Driver’s License;
8.
Copy of traffic citations.
B.
A copy of each of the forms listed below will be sent to Central Records:
1.
Copy of affidavit of Probable Cause;
2.
Copy of Breath Test Result Affidavit;
3.
Copy of Affidavit of Refusal to Submit to Breath Test (if applicable);
4.
Notice of Suspension (pink copy);
5.
Offense Report;
6.
Crash Report (if applicable);
7.
Copy of Driver’s License;
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G.O. 14.9
8.
Copy of traffic citations.
C.
All copies of the Affidavit of Probable Cause, Breath Test Result Affidavit, and Affidavit of Refusal to Submit to
Breath Test must have original signatures.
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.
PORTABLE BREATH TEST (PBT) - Means the Intoxilyzer 400.
UNDERAGE DRIVER - Any person under the age 21 who operates or is in actual physical control of a motor vehicle
upon a street, road, or highway.
ZERO TOLERANCE LAW - The law, which is set forth in section 322.2616, Florida Statutes.
INDEXING:
ZERO TOLERANCE LAW
DRAFTED:
RLG/November 04, 1999/Filed: Zerotol14.9
APPROVED:
Pete Pitocchelli, Chief DATE: November 03, 2011
Tequesta, Florida
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