SOCE part 2
Actual physical control
A person may be in _____________ 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 ________________ of the vehicle and can be arrested and prosecuted for DUI.
Is required to submit to a blood test according to s. 316.1933, F.S.
A person suspected of DUI who kills or seriously injures any person, including the driver,
Phase Three: Pre-arrest screening
Administration of some structured standardized field sobriety tests (SFSTs) to the driver to determine impairment.
Affidavit of Refusal to Submit to Breath, Urine, or Blood Test
After charging a person with Refusal to Submit to Testing, You also must complete an
Phase Two: Personal contact
After the vehicle stops, there usually is an opportunity to observe and speak with the driver face-to-face
Probable Cause Affidavit and issue a Uniform Traffic Citation.
After verifying for the original refusal information an officer shall place an additional charge on the
Agency policies and procedures and local case law when determining when and under what circumstances Miranda warnings are administered to DUI subjects
An officer should always rely on
Remove impaired drivers from the road to ensure public safety
An officer's primary duty in detecting and investigation DUI cases is to
Drive to some degree
Any amount of alcohol will affect a person's ability to
s. 322.62(1), F.S.,
Any driver in violation of this section must be placed out-of-service immediately for a period of 24 hours. Have a responsible party pick up the vehicle or have the vehicle towed, depending on the situation and agency policy.
s. 316.1932(1)(a)1.a., F.S.,
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.
Standardized Field Sobriety Tests (SFSTs)
Are a series of standardized validated psychophysical tests given by law enforcement to determine chemical impairment.
The detection process
Begins when a law enforcement officer first suspects that an individual may be driving under the influence and ends when that officer determines whether there is sufficient probable cause to arrest the subject for DUI.
The implied consent warning
Can be read by a law enforcement officer, corrections officer, or certified breath test operator, but it recommended that a law enforcement officer read it to the subject if he or she refuses a request to submit as per agency policy and procedures.
Three SFST validation studies were undertaken between 1995 and 1998:
Colorado:1995 FLORIDA:1997 San Diego: 1998
Impairment
Could also occur unintentionally through he use of alcohol and prescription medication.
Psychophysical tests
Describe filed sobriety tests that measure a person's ability to perform both mental and physical tasks simultaneously.
Additive
Drugs from two categories both affect some indicator in the same way, and these effects reinforce each other when combined. For example, CNS Stimulants and Hallucinogens both cause pupil dilation; therefore, pupils will be dilated.
Antagonistic
Drugs from two categories may produce some effects that are exactly the opposite, but, in combination, the effects are difficult to predict. For example, cocaine dilates the pupils, and heroin constricts the pupils. The eyes may be dilated, constricted, or normal.
Traffic crashes
Each year, tens of thousands of people die in
s. 316. 193, F.S.,
Establishes legal presumptions based on the violator's blood or breath alcohol concentration or level.
s. 316.1934, F.S.,
Establishes that even if evidence finds that the operator, while driving or in actual physical control, had a blood or breath alcohol level in excess of .05 but less than .08, that fact does not necessarily mean that the operator was not under the influence of alcohol or was to the extent that his or her normal faculties were impaired.
s. 316.193, F.S.,
Establishes the limit as 0.08 BAC.
Alcohol
Falls into the drug category of Central Nervous System Depressant and is the most abused drug in the United States. Is the active ingredient in beer, wine, whiskey, liquors, etc. Its effect on the boy includes the loss of fine motor skills, hand/eye coordination, and judgement. Often the person who is affected doesn't think that he or she is impaired.
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.
s. 877.111, F.S.
For a driver to be convicted of DUI, the drug must be a controlled substance per chapter 893 or a chemical substance per s. 877.111, F.S.
DUI detection 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 degree to which a person is affected
How much alcohol is consumed, the length of time over which the alcohol is consumed, the gender and physical size of the person, whether or not the person has eaten, and various other factors.
The officer should request a urine test
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 subject commits the offense of Refusal to Submit to Testing per s. 316.1939, F.S.
If a subject is placed under lawful arrest for the offense of DUI, refuses to submit to a lawfully requested test of his or her breath/urine/blood, and has had his or her driving privilege suspended before for refusing to submit to a lawful test of his or her breath, urine, or blood,
The officer should conduct the investigation using the same process for determine impairment: conduct the SFSTs, follow arrest procedures, administer the chemical or physical tests, and complete the necessary documentation.
If an officer is involved in a DUI investigation with a driver under the age of 21,
Seize his or her driver's license and attach it to the blue or transmittal copy of the DUI citation per s.316.650, F.S. You or your agency should forward the license and a copy to the DHSMV for an administrative suspension per agency policy.
If subject has an alcohol concentration of 0.08 or above, or refuses chemical testing,
The jury is instructed to presume that the person as under the influence of alcohol to the extent that his or her normal faculties were impaired.
If the person's alcohol concentration was 0.08 or higher,
The officer should complete a Uniform Traffic Citation for the charge of DUI based on the probable cause for the arrest
If the result of the breath test is below a 0.08,
The officer needs to complete a DUI Citation
If the results of the breath test indicate an alcohol concentration of 0.08 or higher,
They should be read the Implied Consent Warning and asked again for a blood sample
If the subject refuses a blood test,
An officer should complete a DUI Citation and mark the box "Refusal"
If the subject refuses to submit to the breath test,
Request for the subject to submit a urine test and be given the Implied Consent Warning if the test is refused.
In a urine test situation,
Normal faculties
Include the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgements, act in emergencies, and normally perform the mental and physical acts of daily life.
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.
Impaired driving
Is a major contributor to traffic fatalities
A Cue
Is a reminder, prompt, or a signal to do something, e.g., take enforcement action or observe the vehicle more closely.
Drifting
Is a straight-line movement of the vehicle at a slight angle to the roadway. Can occur within a single lane, across lane, across the center line, or onto the shoulder.
Education
Is an essential component of the solution. Law enforcement must no only enforce the DUI laws but take the time to educate the public through schools, civic groups, special events, etc.
A drug
Is any substance that, when taken into the human body, can impair the ability of the person to operate a vehicle safely.
DUI
Is both a societal and a law enforcement problem.
BrAC
Is expressed as grams of alcohol per 210 liters of breath.
Deterrence
Is only part of the solution. Both the public and the law enforcement are responsible for working together to accomplish the goal of stopping DUIs
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.
Metabolism
Is the biological process by which the body breaks alcohol down into compounds that are more readily eliminated.
Absorption
Is the process by which alcohol enters the blood stream. The rate of alcohol varies based on many factors, including the person's weight and gender, whether and how much food he or she has eaten, and the alcohol concentration of the substances consumed.
Distribution
Is the process by which alcohol is carried via the bloodstream to the body's tissues and organs.
The ultimate goal
Is to reduce the number of impaired drivers through prevention, education, and deterrence.
Polydrug use
Is using drugs from two or more drug categories simultaneously. Examples include drinking alcohol while smoking marijuana, sprinkling PCP on marijuana joints, or injecting heroin laced with cocaine. Such combinations often increase impairment.
Elimination
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.
The most successful DUI detectors are those officer who
Know what to look and listen for Have the skills to ask the right kinds of questions Choose and use the right types of tests Make the correct observations Are motivate and apply their knowledge and skills whenever they contact someone who may be under the influence
Blood alcohol concentration (BAC) or breath alcohol concentration (BrAC)
Limit at which an individual is presumed impaired and cannot legally operate a vehicle.
The urine test
May determine if drugs are in the subject's system and are possibly causing the impairment.
Portable breathe test devices
May not be used for DUI arrests. They may be used for violations such as drivers under 21 years of age (0.02 violation) or for commercial motor vehicle enforcement when there is insufficient evidence of DUI.
A level of 0.08
May refer to the blood alcohol level (BAC) or the breath alcohol (BrAC) level.
Null
Neither drug has an effect on the indicator. For example, neither a Central Nervous System Stimulant nor a Narcotic Analgesic will cause Horizontal Gaze Nystagmus (HGN); therefore, HGN will not be present.
Phase One: Vehicle in motion
Observation of the driver operating the vehicle
25 percent of America's drivers
Occasionally driver while under the influence
Weaving
Occurs when the vehicle alternately moves toward one side of the roadway and then the other, creating a zigzag course. The pattern of lateral movement is relatively regular as one steering correction is closely followed by another.
80 times per year
Offenders actually commit DUIs an average of
Clear, convincing evidence needed to secure convictions
Officers like most successful DUI detectors are likely to make more arrests and to document the
Citation
Officers must write the breath test results on the
Overlapping
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.
ss. 316.1932(1)(f)2.a. and 316.1933(2)(a), F.S.,
Only specified personnel are authorized to draw blood. You are responsible for ensuring that the blood is drawn according to established procedures.
Three Phases involved in DUI investigation
Phase One: Vehicle in motion Phase Two: Personal Contact Phase Three: Pre-arrest Screening
Prevention
Promises the ultimate, lasting solution to the DUI problem, but it will require a substantial amount of time to fully accomplish.
The Department of Highway Safety and Motor Vehicles
Provides refusal affidavits to law enforcement agencies.
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.
Phase Three: Pre-arrest screening
Should I arrest the driver?
Phase Two: Personal contact
Should I have the driver exit the vehicle?
Phase One: Vehicle in motion
Should I stop the vehicle?
Divided attention
Simply means the ability to concentrate on two or more tasks at the same time.
Visual Cues to DUI
Slowed reactions Impaired vision Poor coordination Impaired judgement as evidenced by a willingness to take risks
Three choices you can make during Phase One: Vehicle in Motion
Stop the vehicle for further investigation Continue to observe the vehicle Take no action
The National Highway Traffic Safety Administration
The DWI Detection and Standardized Field Sobriety Test Guide was produced by
Verify the following for blood test
The blood kit has not expired, the blood is collected in the appropriate vial, an authorized person collects the blood, and the vial labels contain the subject's name, date, and the time the blood was collected as well as the initials of the person who drew the blood.
Misdemeanor of the first degree.
The charge of a Refusal to Submit to Testing is a
Urine results pending
The officer should write ______________ in the Comments section on the issued Uniform Traffic Citation.
FCIC/NCIC, DAVID databases, and/or criminal history.
The original refusal information can be verified by checking
0.08
The results of the San Diego studies provided clear evidence of the validity of the three-test battery to support arrest decisions at, above, or below ___________. It strongly suggests that the SFSTs also accurately discriminate alcohol concentration at 0.04 and above.
Straddling a Lane Line
The vehicle is moving straight ahead with the center or lane marker between the left-hand and right-hand wheels.
Seven
There are _____________ broad categories of drugs that may impair drivers. These drugs are classified by category based on the observable indicators and symptoms they produce.
Requesting blood based on criteria per s. 316.1932(1)(c), F.S., and agency 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.
Accelerating or Decelerating Rapidly
This cue encompasses any acceleration or deceleration that is significantly more rapid than that required by the traffic conditions. Might be accompanied by breaking traction; rapid deceleration might be accompanied by an abrupt stop.
The main goals of DUI detection are
To identify the three phases in DUI detection To take adequate field notes and write comprehensive reports To present evident in DUI in court
Florida Law
Uses the term driving under the influence (DUI).
The NHTSA courses
Uses the term driving while intoxicated or impaired (DWI).
The 1998 San Diego SFST
Validation field study was undertaken because of the nationwide trend towards lowering the alcohol concentration limits to 0.08. Correct arrest decisions were made 91% of the time based on the three-test battery.
Impaired drivers are more likely than other drivers to take excessive risks and have slowed reaction times, they are also less likely to wear seat belts.
While driving under the influence of alcohol or drugs,
A certified Breath Test Operator
Will administer the breath test to an arrested driver per agency policy.
The urine sample
Will be collected according to agency policies and procedures.
DUI arrest report
You must complete the Refusal Affidavit, notarize it, and forward it to the DHSMV as part of the
BAC
is expressed in terms of grams of alcohol in every 100 milliliters of blood.
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.
Vehicle
s. 316.003(75), F.S., "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." Florida's Third District Court of Appeal held that the term includes bicycles, and a person biking while under the influence of alcohol could be charged with a DUI.