DUI TRAFFIC STOPS
Terms in this set (81)
National Highway Traffic Safety Administration
Standardized Field l.m Exercises or Evaluations
The ultimate goal is to reduce
the number of impaired drivers through:
Prevention, Education, and Deterrence.
An essential component of the solution. (DUI PROBLEM)
Promises the ultimate, lasting solution to the DUI problem
Only Part of the Solution
Is based upon the driving public's fear of being arrested.
Alcohol falls into the drug category of
Central Nervous System Depressant
The most abused drug in
the United States
Is the process by which alcohol enters the bloodstream.
Is the process by which alcohol is carried via the bloodstream to the body's tissues and organs.
Is the biological process by which the body breaks alcohol down into compounds that are more readily eliminated.
Is when the body expels alcohol through exhaled breath, sweat, tears, saliva, urine, etc.
The average alcohol elimination rate of humans is
.015 grams of
alcohol per 100 milliliters of blood per hour.
Unless there is a real risk of being arrested
There will not be a fear of being arrested.
Blood alcohol concentration (ML of blood)
concentration (LTR of Breath)
Driving under the in!uence (DUI)
refers to a person who is driving, who has
driven, or who is in actual physical control of a vehicle while impaired by alcohol or certain substances that adversely affect the auditory, visual, or mental processes.
actual physical control
Of a vehicle even though he or she is not actually driving. A person who is physically in, on, or around the vehicle and has the capability to operate the vehicle is legally in actual physical control of the vehicle and can be arrested and prosecuted for DUI.
"every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
Within the state
includes anywhere in Florida, whether on roadways or public or private property.
Include the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and normally perform the mental
and physical acts of daily life.
1. Actual Physical Control
2. Of a vehicle
4. Within the state
Only required when a crash is involved
Florida law requires a lawfully arrested driver of a
vehicle to take any breath, blood, or urine test requested by a law enforcement officer.
If the person's alcohol concentration was 0.08 or higher.
The jury is instructed to presume that the person was under the influence of alcohol to the extent that his or her
normal faculties were impaired.
Florida Statutes s. 316.193 establishes legal presumptions based on the violator's
blood or breath alcohol concentration or level.
If the results of the test indicate an alcohol concentration of 0.08 or higher:
The officer needs to complete
a DUI Citation.
If the subject refuses to submit to the breath test
An officer should complete a DUI Citation and
mark the box for "Refusal."
If a breath test result is below a 0.08
An officer has probable cause to believe that the subject is impaired by substances other than alcohol, the officer should request a urine test.
DUI Second Refusal
The officer shall place this additional charge on the
Probable Cause A'davit and issue a Uniform Traffic Citation.
The State of Florida _________________ must be completed in conjunction with a DUI Citation issued for a refusal to submit to a chemical test.
The charge of a Refusal to Submit to Testing
is a misdemeanor of the first degree. (second time)
Misdemeanor of the first degree.
Vehicle in motion
Phase One Question:
Should I stop the Vehicle
Phase Two Question:
Should I have the Driver exit the vehicle
Phase Three Question:
Should I arrest the driver
Three standardized tests were found to be highly reliable in identifying subjects whose alcohol concentrations were above the legal limit.
• Horizontal Gaze Nystagmus
• One-Leg Stand
SFST Updated Validation Studies
• Colorado: 1995 • Florida: 1997 • San Diego (CA): 1998
Any substance that, when taken into the human body, can impair the ability of the person to operate a vehicle safely.
Is using drugs from two or more
drug categories simultaneously.
Neither drug has an effect on the indicator.
One drug affects some indicator of impairment, and the other drug has no effect whatsoever on that indicator.
Drugs from two categories both affect some indicator in the same way, and these effects reinforce each other when combined.
Drugs from two categories may produce some effects that are exactly the opposite, but, in combination, the effects are difficult to predict.
Drug Recognition Expert
Simply means the ability to concentrate on two or more tasks at the same
Increased Risk Taking
Is a reminder, prompt or signal to do something.
clue is something that leads to the solution of a problem.
Face-to-face observation and interview of the driver allow you to use three senses to gather evidence of alcohol
and other drug influence:
Medical Conditions That Mimic Impairment
• Injury to the head
• Cognitive problems (dementia or Alzheimer's).
If his or her pupils are noticeably unequal in size, if
the eyes are jerking as the subject looks straight ahead (resting nystagmus), or if the eyes do not track together.
there is a chance that a medical disorder or injury is causing the nystagmus.
• pupil size
• resting nystagmus
• tracking ability
A term used to describe standardized Field
sobriety tests (SFSTs) that measure a person's ability to perform both mental and physical tasks simultaneously.
is defined as an involuntary jerking of the eyes, which can be caused by the use of alcohol and certain other drugs.
A complex divided task
Walk-and-Turn is a test that has been validated through extensive research by NHTSA. consists of two stages:
Instructions Stage and Walking Stage
Walk-and-Turn Instructions Stage
• Cannot keep balance while listening to instructions
• Starts too soon
Walk-and-Turn Walking Stage
• stops while walking
• does not touch heel-to-toe
• steps off the line
• uses arms to balance
• improper turn
• incorrect number of steps
One-Leg Stand two stages
Instructions Stage and Balance and Counting Stage
One-Leg Stand 4 Clues
• sways while balancing
• uses arms to balance
• puts foot down
The decision to then charge and arrest the subject for a DUI is the culmination of all the evidence accumulated
during the DUI detection process:
• initial observation of vehicle in motion
• observation of the stop
• face-to-face observation and interview
• observation of the exit
all evidence gathered during the detection phases is:
organized to ensure that it will be available and admissible in court. Additional evidence may also be obtained during the processing stage subsequent to arrest.
Horizontal gaze nystagmus is:
A involuntary jerking of the eyes occurring as the eyes gaze toward the side.
Lack of smooth pursuit:
the officer can observe the eyes of an impaired person jerk or bounce as the eyes follow a smoothly moving stimulus, such as a pencil or penlight.
Distinct and sustained nystagmus at maximum deviation:
This will be evident of an impaired person when the eye is held at maximum deviation for a minimum of four seconds.
Onset of nystagmus prior to 45-degrees:
If the point at which the eye is first seen
jerking (in an impaired person) begins prior to 45 degrees, it is likely that the person has a BAC above 0.08
If the evidence is not presented clearly and convincingly in court.
The case may be lost, no matter how good that evidence may be.
One of the most critical tasks in the DUI enforcement process is:
the recognition, gathering, and documentation of facts and clues that establish reasonable suspicion to
stop, investigate, and subsequently arrest people suspected of driving or operating a vehicle while impaired.
An officer's field notes are most often
handwritten, and provide the information necessary to establish the evidence and elements of the offense.
Arrest based on
All Evidence Gather During Detection Phase
Is Always Criminal
A good report is:
6, 8, 4
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