ch.11 part 2 flashcards |

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  • 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.

    If the DUI investigation does not result in a DUI arrest, but thereisevidencethat the driver has been consuming
    alcohol, you may then request a

    breath test to determinethe driver's alcoholconcentration.

    If the driver's alcohol concentration level is at or above _______, or if he or she refuses to submit to a breath test, his or her driver's license
    privilege will be suspended.

    0.02

    (Driver's under 21) The driver is not arrested but is subject to administrative penalties, even if he or she
    provides a sample over a 0.08. Take the driver's license and issue a

    Notice of Suspension

    Portable breath test devices may not be used for

    DUI arrest

    (PBT) 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

    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.

    If the subject has an alcohol concentration of 0.08 or above, or refuses chemical testing, seize his or her

    driver's license and attach it to the BLUE or transmittal copy of the DUI citation

    _____ or your __________should forward the license and a copy of it to the Department of
    Highway Safety and Motor Vehicles for an administrative suspension per agency policy

    you/agency

    The DUI Citation is very similar to the Uniform Traffic Citation, except the DUI Citation is used either for a

    a DUI with an alcohol concentration of 0.08 or higher or
    when the violator has refused any chemical test after being lawfully arrested.

    DUI citation has additional fields that must be completed regarding the following:

    • if the subject refuses (confiscate his or her driver's license)
    • if the subject is eligible for a permit
    • if the subject's license was surrendered
    • the location of the Department of Highway Safety and Motor Vehicles Hearing Office

    Florida law provides the following definition of driving under the influence in s. 316.193, F.S.:

    1. A person is guilty of the offense of driving under the influence and is subject to
    punishment as provided in subsection (2) if the person is driving or in actual
    physical control of a vehicle within this state and:
    (a) The person is under the influence of alcoholic beverages, any chemical
    substance set forth in s. 877.111, F.S., or any substance controlled under
    chapter 893, F.S., when affected to the extent that the person's normal
    faculties are impaired;
    (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per
    100 milliliters of blood; or
    (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol
    per 210 liters of breath.

    In order to arrest someone for a DUI offense, a law enforcement officer must have

    probable cause to believe that all elements of the offense are present.

    To convict a person of a DUI offense, it is necessary to show beyond a

    a reasonable doubt that all the elements of the offense were present

    The detection process BEGINS when a law enforcement officer

    first suspects that an individual may be driving under the influence

    The detection process ENDS when the officer

    determines whether there is sufficient probable cause to arrest the subject for DUI.

    Effective DUI enforcers do not immediately decide whether to

    arrest or not arrest a driver. Rather, they proceed carefully through a series of intermediate steps, each of
    which helps to identify the collective evidence.

    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

    • 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

    The DUI detection process does not always include all

    three phases

    Sometimes contact with a DUI detection officer is absent in Phase One, for example, in cases in which the
    driver is

    passed out behind the wheel of a vehicle that is not in motion

    Sometimes there are DUI contacts in which Phase Three never occurs, so you would not administer formal tests to the driver. These may occur when the driver
    is

    so impaired or injured that he or she cannot perform the tests, or he or she refuses to
    submit to the tests.

    At the conclusion of each phase an officer will make a major decision in the DUI investigation- The decision can have one of three different outcomes:

    Yes—Do It Now,
    Wait—Look for Additional Evidence,
    or No—Don't Do It

    Phase One: Vehicle in motion
    Question: Should I stop the vehicle?

    Yes: Do It Now: There is reasonable suspicion to stop the vehicle
    Wait: Look for Additional Evidence: Don't stop the vehicle yet; keep following and observing it a
    bit longer.
    No: Don't Do It: There are no grounds for stopping the vehicle.

    Phase Two: Personal contact
    Question: Should I have the driver exit the vehicle?

    Yes: Do It Now: There is enough reason to suspect impairment to justify getting the driver out of the
    vehicle for further investigation.
    Wait: Look for Additional Evidence: Don't get the driver out of the car yet; keep talking to and observing
    the driver a bit longer. (This option may be limited if the officer's personal safety is at risk.)
    No: Don't Do It: There isn't enough evidence of DUI to justify administering field sobriety tests.

    Phase Three: Pre-arrest screening
    Question: Should I arrest the driver?

    Yes: Do It Now: There is probable cause to arrest the driver for DUI right now.
    Wait: Look for Additional Evidence: Don't arrest the driver yet; administer another field sobriety test
    before deciding.
    No: Don't Do It: No, there is not probable cause to believe the driver has committed DUI

    In each phase of detection, you must determine whether there is sufficient evidence to establish the reasonable suspicion necessary to proceed to the next

    step in the detection process

    major DUI decision: Your DUTY is to carry out whatever tasks are appropriate and to make sure that all evidence of DUI is brought

    to light

    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

    The most successful DUI detectors are those officers 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 motivated and apply their knowledge and skills whenever they contact someone who may be under
    the influence

    Beginning in late 1975, extensive scientific research studies were sponsored by NHTSA through a contract with the Southern California Research Institute (SCRI) to determine

    which roadside field sobriety tests were the
    most accurate

    SCRI published the following three reports:

    • California: 1977 (Lab)
    • California: 1981 (Lab and Field)
    • Maryland, District of Columbia, Virginia, North Carolina, 1983 (Field)

    SCRI traveled to law enforcement agencies throughout the United States to select the most commonly used
    field sobriety tests.______tests were used in the initial stages of this study

    Six

    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
    • Walk-and-Turn (WAT)
    • One-Leg Stand (OLS)

    Three SFST validation studies were undertaken between 1995 and 1998:

    • Colorado: 1995 • Florida: 1997 • San Diego: 1998

    The Colorado SFST validation study was the

    FIRST full field study that utilized law
    enforcement personnel experienced in the use of SFSTs.
    • The initial study utilized only a few experienced officers in DUI enforcement in
    both a laboratory setting and field setting.
    • Correct arrest decisions were made 93 percent of the time based on the three-test
    battery (HGN, WAT, OLS). These results were substantially higher than the
    initial study results.

    The Florida SFST field validation study was undertaken in order to

    answer the question of whether SFSTs are valid and reliable indices of the presence of alcohol when used
    under present day traffic and law enforcement conditions.

    • Correct decisions to arrest were made 95 percent of the time based on the threetest
    battery (HGN, WAT, OLS).
    • The study showed that the SFST three-test battery is the only scientifically
    validated and reliable method for discriminating between impaired and
    unimpaired drivers.

    The 1998 San Diego SFST validation field study was undertaken because of the

    nationwide trend towards lowering the alcohol concentration limits to 0.08. The
    question to be answered was "Do SFSTs discriminate at an alcohol concentration below
    0.10?" The study was published by NHTSA and provided clear evidence of the validity
    of the SFST battery that was repeatable across the country.
    • Correct arrest decisions were made 91% of the time based on the three-test
    battery (HGN, WAT, OLS).
    • HGN, by itself, was 88% accurate.
    • Walk-and-Turn, by itself, was 79% accurate.
    • One-Leg Stand, by itself, was 83% accurate.

    The results of these studies provided clear evidence of the validity of the three-test battery to support arrest decisions at, above, or below 0.08. It strongly suggests that the SFSTs also accurately discriminate alcohol

    concentration at 0.04 and above

    Law enforcement officers encounter not only drivers driving under the influence of alcohol, but also those who may be impaired due to the use of

    legal and illegal drugs

    The best available data suggests that ____ __ __________ of Americans routinely use drugs other than alcohol, and some of these people sometimes drive when they are under the influence of those drugs.

    tens of millions

    There are ________ broad categories of drugs that
    may impair drivers

    seven

    However, for a driver to be convicted of DUI, the drug
    must be a

    a controlled substance or a chemical substance

    Some drug-impaired drivers look and act very much like ________________ _________ , Others look and act very different.

    alcohol-impaired drivers

    Some driver behaviors and physical reactions may suggest that an impaired driver may be under the influence of medication (both prescribed and that obtained illegally). One indicator is the

    absence of the odor of alcoholic beverages.

    (impaired driver may be under the influence of medication) Prescription bottles, leftover pills, or drug paraphernalia may be in the driver's

    possession or in the vehicle

    If ______ or more indicators are present, the driver may be in legal possession of prescription medication

    one

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