Chapter 11 DUI traffic stops
Terms in this set (58)
This course uses NHTSA's term, Standardized Field Sobriety Tests (SFSTs),
even though case law and many Florida law enforcement agencies use the term Standardized Field Sobriety Exercises or Evaluations (SFSE).
An officer's primary duty in detecting and investigating DUI cases is to ...
remove impaired drivers from the road to ensure public safety.
DUI is both a societal and a law enforcement problem.
The ultimate goal is to reduce the number of impaired drivers through prevention, education, and deterrence. Prevention promises the ultimate, lasting solution to the DUI problem, but it will require a substantial amount of time to fully accomplish.
Alcohol falls into the drug category of
Central Nervous System Depressant and is the most abused drug in the United States.
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 percent per hour.
Florida law establishes the
blood alcohol concentration (BAC)or breath alcohol concentration (BrAC)limit at which an individual is presumed impaired and cannot legally operate a vehicle
Florida Statute s. 316.193 establishes that limit as
BAC is expressed
in terms of grams of alcohol in every 100 milliliters of blood
BrAC is expressed
as grams of alcohol per 210 liters of breath
Therefore, a level of 0.08 may refer to
the blood alcohol level (BAC) or the breath alcohol (BrAC) level.
Driving under the influence (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.
A person may be in 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
Within the state
includes anywhere in Florida, whether on roadways or public or private property. A person may be arrested for DUI even though he or she never drove onto a road or highway
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
The SFSTs are a series of
standardized validated psychophysical tests given by law enforcement to determine chemical impairment.
describe field sobriety tests that measure a person's ability to perform both mental and physical tasks simultaneously.
Any person who accepts the privilege of driving in Florida has consented to submit to any approved chemical or physical test to determine the alcohol content or the presence of a chemical and/or controlled substance in their breath, blood, or urine once they are lawfully arrested for committing an offense while driving or in actual physical control of a vehicle and under the influence
Based on this implied consent,
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 a breath test result is below a 0.08 and an officer has probable cause to believe that the subject is impaired by substances other than alcohol, .....
the officer should request a urine test
The urine test may determine if drugs are in the subject's system and are possibly causing the impairment. In such a situation,
request for the subject to submit to a urine test and be given the Implied Consent Warning if the test is refused. The urine sample will be collected according to agency policies and procedures.
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
The officer should write
"urine results pending" in the Comments section on the issued Uniform Traffic Citation.
You can request blood based on the following criteria per s. 316.1932(1)(c), F.S. and your agency's policy
• There is reasonable cause to believe the individual was under the influence of alcohol or a chemical or controlled substance while driving or in actual physical control of a vehicle.
• The breath test was impractical or impossible to give. (Document the reason why.)
• The subject is at a medical facility for treatment.
All blood draws must be conducted at a medical facility, as defined by s. 316.1932(1)(c), F.S.
Someone who is unable to have withdrawn consent (such as an unconscious subject) is deemed to have given consent to the test.
The State of Florida Refusal Affidavit must be completed
in conjunction with a DUI Citation issued for a refusal to submit to a chemical test
The Department of Highway Safety and Motor Vehicles provides
refusal affidavits to law enforcement agencies. You must complete this form, notarize it, and forward it to the DHSMV as part of the DUI arrest report.
If an officer is involved in a DUI investigation with a driver under the age of 21,
the officer should conduct the investigation using the same process for determining impairment: conduct the SFSTs, follow arrest procedures, administer the chemical or physical tests, and complete the necessary documentation
The DUI citation must be completed accurately. This citation is not only a charging document;....
it is also required to authorize the Department of Highway Safety and Motor Vehicles to suspend the subject's driving privilege.
DUI detention process
generally means the entire process of identifying and gathering evidence accumulated to determine whether or not a subject should be arrested for a DUI offense
The typical DUI investigation involves three phases:
• Phase One: Vehicle in motion—Observation of the driver operating the vehicle.
• Phase Two: Personal contact—After the vehicle stops, there usually is an opportunity to observe and speak with the driver face-to-face.
• Phase Three: Pre-arrest screening—Administration of some structured standardized field sobriety tests (SFSTs) to the driver to determine impairment.
Laboratory research indicated three tests that, when administered in a standardized manner, were the most accurate and reliable battery of tests for distinguishing alcohol impairment
• Horizontal Gaze Nystagmus (HGN—will be defined and explained in Lesson 5)
• Walk-and-Turn (WAT—will be defined and explained in Lesson 5)
• One-Leg Stand (OLS—will be defined and explained in Lesson 5)
Three SFST validation studies were undertaken between 1995 and 1998:
• Colorado: 1995
• Florida: 1997
• San Diego: 1998
A drug is
any substance that, when taken into the human body, can impair the ability of the person to operate a vehicle safely.
Polydrug use is
using drugs from two or more drug categories simultaneously.
Polydrug use may produce the following effects:
One drug affects some indicator of impairment, and the other drug has no effect whatsoever on that indicator. For example, alcohol will cause HGN, but marijuana will not cause HGN. Therefore, HGN will be present.
A Drug Recognition Expert (DRE)
is specially trained and certified in investigations involving drug-impaired drivers. He or she will be able to testify in court in great detail and provide expert opinions regarding drug impairment
simply means the ability to concentrate on two or more tasks at the same time.
The National Highway Traffic Safety Administration sponsored research to...
identify the most common and reliable initial indicators of DUI. This research identified 24 cues, each with a high probability that the driver exhibiting the cue is impaired.
A cue is a
reminder, prompt or a signal to do something, e.g., take enforcement action or observe the vehicle more closely.
Visual Cue Descriptions
1. Problems Maintaining Proper Lane Position.
1. Problems Maintaining Proper Lane Position :
Straddling a Lane Line: The vehicle is moving straight ahead with the center or lane marker between the left-hand and right-hand wheels.
Drifting: Drifting is a straight-line movement of the vehicle at a slight angle to the roadway.
A clue is
something that leads to the solution of a problem, such as a fingerprint or DNA evidence.
Some specific DUI clues detectable by sight include: Sight
• bloodshot eyes.
is defined as an involuntary jerking of the eyes, which can be caused by the use of alcohol and certain other drugs
is an involuntary jerking of the eyes caused by a disruption of the central nervous system.
Horizontal gaze nystagmus (HGN)
refers to an involuntary jerking occurring as the eyes move toward the side.
Vertical gaze nystagmus (VGN)
is an involuntary jerking of the eyes (up and down) which occurs when the eyes gaze upward at maximum elevation.
is an involuntary jerking of the eyes as they look straight ahead. Its presence usually indicates a pathological condition or high doses of a dissociative anesthetic drug, such as PCP. If detected, take precautions.
is an involuntary jerking of the eyes which can occur as a result of brain tumors, other brain damage, or some diseases of the inner ear. These pathological disorders occur in very few people and even in fewer drivers
The Walk-and-Turn is
a test that has been validated through extensive research by NHTSA. This divided attention test consists of two stages: Instructions Stage and Walking Stage.
The One-Leg Stand will be timed for
30 seconds. Research has shown that many impaired subjects are able to stand on one leg for up to 25 seconds, but few can do so for 30 seconds.
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
Chemical test evidence and additional evidence gathered subsequent to the arrest may be suppressed if
the arresting officer does not adequately establish probable cause for the arrest prior to the chemical test.
The DUI narrative offense/arrest report should be organized around the total sequence of events,
beginning at the first observation of the offender, continuing through the arrest, and ending with the incarceration or release of the subject
The following is a suggested chronological report format:
PHASE ONE: Vehicle in Motion Initial Observations First observations of the offender and his or her actions • Factors that drew officer's attention • Time and location of first observations
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