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
case law and many other Florida law enforcement agencies us the term: Standardized field sobriety _________ or ______________
some estimates indicates that about ___ percent of America's drivers at least occasionally drive while under the influence
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
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
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
law enforcement must not only enforce DUI laws, but. also take the time to
educate the public through SCHOOLS, CICIV GROUPS, SPECIAL EVENTS, etc.
both the _______ and law enforcement are RESPONSIBLE for working together to accomplish the goal of stopping DUIs.
Behavioral Change: The public should do the following:
-avoid committing DUI, either by avoiding or controlling drinking prior to driving or by selecting
- 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
โข If violators believe there is a good chance they will get caught, some will avoid committing the offense
at least some of the time.
โข Unless there is a real risk of being arrested, there will not be a fear of being arrested.
โข 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
the _______ publicizes the enforcement effort and communicates that the risk is NOT worth the probable outcome
Non-governmental organizations (NGO's) such as MADD create:
public service announcments (PSA) and promote other measures addressing impaired driving.
Alcohol effects on the body includes the loss of
fine motor skills, hand/eye coordination, and judgement.
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 _____?
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
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
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.
Florida's standard JURY INSTRUCTIONS give the
elements of the crime that the prosecution must prove prior to the subject being
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
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
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 _________
Regardless of the person's alcohol concentration, an officer's observations should indicate whether a person needs immediate
A certified Breath Test Operator will administer the ________ ______ to an arrested driver per agency policy
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
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:
โข 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.
โข The breath test was impractical or impossible to give. (Document the reason why.) Ex: UNCONCIOUS
โข 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.
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.
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
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
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
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.