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  • NHTSA

    National Highway Traffic Safety Administration

    The DWI Detection and Standardized Field Sobriety Testing course is produced by the

    National Highway TRaffic Safety Admniinstration

    The DWI Detection and Standardized Field Sobriety Testing has been mdoified from a national perspective to be specific to the state of

    Florida

    The NHTSA course uses the term

    driving while intoxicated (DWI)

    Florida law uses the term

    driving under the influence (DUI)

    NHTSA also uses the term Standardized field sobriety _______

    tests (SFSTs)

    case law and many other Florida law enforcement agencies us the term: Standardized field sobriety _________ or ______________

    exercises/evaluations (SFSE)

    each year ____ __ ____________ of people die in traffic crashes.

    tens of thousands

    throughout the nation impaired driving is a _________ contribution to traffic fatalities

    major

    some estimates indicates that about ___ percent of America's drivers at least occasionally drive while under the influence

    25

    DUI: offenders actually commit this offense an average of ____ times per year

    80

    while driving under the influence of alcohol or drugs, _______ ______ are more LIKELY than other drivers to take excessive risks and have slowed reaction times; they are LESS likely to WEAR SEATBELTS

    impaired drivers

    many FACTORS impair drivers; these include

    alcohol or drug intake, medical conditions, and mental or physical disabilities

    an officer's PRIMARY DUTY in detection and investigating DUI cases is to

    remove impaired drivers from the road to ensure public safety

    DUI is both a ________ and a _____ _______________ problem

    societal/law enforcement

    the ULTIMATE GOAL is to

    reduce the number of impaired drivers through PREVENTION, EDUCATION, and DETERENCE

    _________ promises the ultimate, lasting solution to the DUI problem, but it will require a substantial amount of time

    prevention

    __________ is an essential component of the solution

    education

    law enforcement must not only enforce DUI laws, but. also take the time to

    educate the public through SCHOOLS, CICIV GROUPS, SPECIAL EVENTS, etc.

    ________ is only PART of the solution

    deterrance

    both the _______ and law enforcement are RESPONSIBLE for working together to accomplish the goal of stopping DUIs.

    public

    _____________ change in individuals is FUNDAMENTAL to prevention

    Behavioral

    Behavioral Change: The public should do the following:

    -avoid committing DUI, either by avoiding or controlling drinking prior to driving or by selecting
    alternative transportation
    - intervene actively to prevent others from committing DUI (for example, public service announcements
    against impaired driving)
    -avoid riding with drivers who are impaired

    General deterrence is based upon the driving public's FEAR of being arrested

    โ€ข If violators believe there is a good chance they will get caught, some will avoid committing the offense
    at least some of the time.
    โ€ข Unless there is a real risk of being arrested, there will not be a fear of being arrested.
    โ€ข Law enforcement must arrest enough violators to convince members of the public that they will be
    caught if they continue to drive while impaired

    the legal consequences of a DUI conviction include:

    monetary fines, imprisonment,and a temporary or permanent LOSS of driving privileges.

    the keys to successful deterrence by well-trained law enforcement officers include the following:

    -skill at detecting DUI
    -willingness to arrest every DUI violator who is detected
    -increase in DUI enforcement activity

    Law enforcement organizations enforce the law that _____________ pass

    legislators

    ____________ prosecute DUI violators

    prosecutors

    ____________ adjudicates fairly and delivers the punishments prescribed by the law

    judiciary

    the _______ publicizes the enforcement effort and communicates that the risk is NOT worth the probable outcome

    media

    Non-governmental organizations (NGO's) such as MADD create:

    public service announcments (PSA) and promote other measures addressing impaired driving.

    Mothers against drunk driving:

    MADD

    Public Service Announcement:

    PSA

    Alcohol falls into the drug category of

    Central Nervous System Depressant

    ____________ is the most abused drug in the U.S.

    Alcohol

    Alcohol is the active ingredient in

    beer, wine, whiskey, liquors etc.

    Alcohol effects on the body includes the loss of

    fine motor skills, hand/eye coordination, and judgement.

    often the person affected by alcohol doesn't think that

    he/she is impaired

    _____ amount of alcohol will affect a person's ability to drive to SOME DEGREE

    any

    the degree to which the person is affected depends on

    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

    limit at which an individual is presumed impaired and cannot legally operate a vehicle is _____?

    0.08

    BAC-Blood alcohol concentration is expressed in terms of

    grams of alcohol in every 100 MILLILITERS of BLOOD

    BrAC-Breathe alcohol concentration is expressed in terms of

    grams of alcohol in every 210 LITERS of BREATHS

    an officer should ALWAYS rely on agency policy and procedures and local case law when determining when and under what circumstances ______________ ___________ are administered to DUI subjects

    Miranda Warnings

    The U.S. Supreme Court has ruled that a LEO is not required to administer Miranda warnings during the course of a _________ ________ in which th officer temporarily detains a motorist in order to ask a few brief questions and issue a citation

    traffic stop

    Also Miranda warnings are not typically required prior to administering the __________________ _________ ______________ ___________.

    Standardized Field Sobriety Tests

    The implied consent warning
    can be read by a

    law enforcement officer, corrections officer, or certified breath test operator

    it is recommended that a ____ _________________ __________ read it to the subject if he or she refuses a request to submit as per agency policy and procedures

    law enforcement officer

    Florida Statutes _ ______ establishes legal presumptions based on the violator's blood or breath alcohol concentration or level.

    s. 316.193

    Florida's standard JURY INSTRUCTIONS give the

    elements of the crime that the prosecution must prove prior to the subject being
    convicted.

    Florida Statutes s. 316.1934 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.The jury MAY NOT PRESUME any conclusion that the violator was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

    excess of .05 but less than .08: Such an alcohol concentration may be considered with other competent evidence, e.g.:

    (driving pattern, personal contact, and standardized field sobriety tests) in determining whether the person was under the influence of alcoholic beverages to the
    extent that his or her normal faculties were impaired.

    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.

    If you fail to submit to the test I have requested of you, your privilege to operate a motor vehicle will be suspended for a period of

    one (1) year for the FIRST refusal

    if your privilege has been PREVIOUSLY suspended as a result of a refusal to submit to a lawful test
    of the breath, blood, or urine, your license will be suspended for a period of

    eighteen (18) months

    Additionally, if you refuse to submit to the test I have requested of you and if your driving privilege has been previously suspended for a prior refusal to submit
    to a lawful test of your breath, blood, or urine, you will be committing a

    misdemeanor

    Also, a person could be guilty of driving or being in actual physical control of a motor vehicle with an unlawful alcohol concentration regardless of impairment because,

    alcohol does not effect everyone the same

    If the results of the test indicate an alcohol concentration of 0.08 or higher, the officer needs to complete a

    DUI Citation

    Officers must write the breath test results on the

    citation

    If the result is below a 0.08, the officer should complete a

    a Uniform Traffic Citation for the charge of DUI based on the probable cause for the arrest

    If the subject refuses to submit to the breath test, an officer should complete a DUI Citation and mark
    the box for _________

    "Refusal."

    Regardless of the person's alcohol concentration, an officer's observations should indicate whether a person needs immediate

    medical attention

    A certified Breath Test Operator will administer the ________ ______ to an arrested driver per agency policy

    breath test

    Order of the three test administered to detect chemical/substance levels present in the body

    1. Breath Test
    2. Urine Test
    3. Blood 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 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

    The urine sample will be collected according to agency policies and procedures. The officer should write ________ __________ ____________ in the Comments section on the issued Uniform Traffic Citation

    "urine results pending"

    You can request blood based on the following criteria per s. 316.1932(1)(c), F.S. and your agency's policy:

    โ€ข 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.
    โ€ข The breath test was impractical or impossible to give. (Document the reason why.) Ex: UNCONCIOUS
    โ€ข 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 subject need ____ be under arrest for an officer to request a blood draw under implied consent.

    not

    A person suspected of DUI who kills or seriously injures any person, including the driver, is

    required to submit
    to a blood test according to s. 316.1933, F.S

    Other lawfully arrested subjects who may be suspected of impaired driving and who appear at a medical facility may be requested to submit to a blood draw. If they refuse, they should be read the Implied Consent Warning and

    asked again for a blood sample.

    only ___________ ______________ are authorized to draw
    blood

    specified personnel

    the officer is responsible for ensuring that the blood is drawn according to established procedures. You need
    to verify the following:

    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 drawing the blood

    (Blood test) It is a good idea for you to initial the label to
    show that you verified the necessary information. If asked to identify the vial in court, seeing the initials could

    prove beneficial

    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.

    The original refusal information can be verified by checking

    FCIC/NCIC, DAVID databases, and/or criminal history

    n. The charge of a Refusal to Submit to Testing
    is a misdemeanor of the

    first degree

    An officer needs to know that there are certain statutes concerning the operation of a commercial motor
    vehicle, as defined in s. 322.01(8), F.S., while the driver is impaired

    322.61, 322.62, 322.63, 316.1932,
    and 322.64, F.S

    A person who has any alcohol in his or her body may not drive or be in actual physical control of a

    commercial motor vehicle in this state

    (commercial motor vehicle driver) Any driver in violation of this section must be placed out-ofservice
    immediately for a period of

    24 hours

    If a driver is arrested for a violation of s. 316.193, F.S., or is in possession of a controlled substance while
    operating or in actual physical control of a motor vehicle or a commercial motor vehicle, the driver may be subject to the loss of his or her commercial driver license (CDL) for a period of

    one (1) year

    (driver may be subject to the loss of his or her commercial driver license (CDL) for a period of 0ne year) This penalty also applies if the driver REFUSES to submit to a breath, urine, or blood test to determine alcohol concentration, or if the driver is driving a commercial motor vehicle with an alcohol concentration of ______ or higher.

    0.04

    This documentation also requires the use of the Notice of Commercial Driver _________ ________________ ______________________ _______ available from DHSMV

    License Privilege Disqualification form

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