33813819.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Zero Tolerance Law CALEA 61.1.9 PRIOR REVISIONS PROPONENT UNIT 08/13/03 Patrol Support Bureau ATTACHMENT: NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 61.4 7/1/1998 10/11/2019 4 I. PURPOSE: This Order establishes guidelines for the enforcement of the Zero Tolerance Law, Florida Statute 322.2616, Suspension of License, Persons Under 21 Years of Age; Right to Review. II. POLICY: To reduce the incidence of underage drinking, the Gainesville Police Department shall actively enforce Florida’s Zero Tolerance Law. III. DEFINITIONS: A violation of the Zero Tolerance Law is neither a traffic infraction nor a criminal offense; it is an administrative action by the Florida Department Highway Safety and Motor Vehicles that provides for a driver’s license suspension. The Zero Tolerance Law states that it is unlawful for a person under the age of 21 to operate or be in actual physical control of a motor vehicle if the person has a Breath Alcohol Level (BrAL) or Blood Alcohol Level of 0.02 or higher. IV. PROCEDURE A. Probable Cause: Members may detain a person for the purpose of requesting a breath alcohol test when, pursuant to a lawful contact, they have probable cause to believe that a person under the age of 21 is driving a vehicle with an unlawful breath alcohol level. B. Evaluation: Before beginning an investigation into a possible violation of the Zero Tolerance Law, the member shall ensure that a violation of driving under the influence (DUI) has not occurred.\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT If the member determines that a driver is impaired, the member shall follow the DUI procedures set forth in General Order 61.3, DUI Enforcement. C. Request: When (after eliminating DUI) there is probable cause to believe that a driver under 21 has an unlawful BrAL, the member may request the subject to take a breath test for determining if the driver has a BrAL of .02 or higher. The member shall read the driver the implied consent warning that is contained on the front page of the Notice of Suspension Report. Members shall not use the DUI implied consent warning because it uses different language. D. Refusal: If the driver refuses to be tested, the member shall: 1. Confiscate the violator’s driver’s license, 2. Complete an Affidavit of Refusal, 3. Complete a Notice of Suspension, The Notice shall also serve as a 10-day temporary driving permit. This permit will not become effective until 12 hours have elapsed from time of issuance of the notice E. Testing Requirements: 1. Observation Period: To eliminate the possibility of residual mouth alcohol, there must be a minimum of 20 minutes between the time the officer makes contact with the driver and the beginning of the breath test. During this time, drivers shall not be permitted to place anything in their mouth. 2. Breath Test (PBT) Operators: Only Department members who have received specialized PBT training shall conduct breath tests. If the member is not a certified PBT operator, the member shall request that an operator respond to perform a breath test. 3. Breath Sample: The breath test shall consist of two samples. If the driver refuses to provide a second sample, the results of the one sample, if .02 or over, can be used to support a driver’s license suspension (see Enforcement Action below). i. If the one sample is below .02, the driver shall be released. 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT ii. Do not cite drivers with refusal if they fail to submit a second sample. F. Enforcement Action: 1. BrAL below 0.02: If the breath sample yields a breath alcohol level below 0.02, the officer shall release the driver. 2. BrAL 0.02 or Higher: If the breath sample yields a breath alcohol of 0.02 or higher, the investigating member shall: i. Confiscate the violator’s driver’s license; ii. Complete a Notice of Suspension Report, which includes (This is a carbon copy form similar to a UTC that includes a-c listed below): a. Probable Cause Affidavit for a .02 violation and/or a refusal affidavit Apply the driver’s thumb (or other available digit) print to the instruction sheet. b. PBT Breath Test Result Affidavit, c. Notice of Suspension: Yellow copy of the form should be given to the driver The notice shall also serve as a 10-day driving permit. This permit will not become effective until 12 hours have elapsed from time of issuance of notice. 3. Release of driver, even if the BrAL is above the legal limit of .08; When the driver is a juvenile with a BrAL of .05 or higher, the detaining member shall attempt to notify the juvenile’s parents (or guardian) and ascertain the parents’ instructions regarding the disposition of the juvenile. i. The member may only temporarily detain the juvenile for a reasonable period of time while making or attempting to make the parental notification. ii. If the parents or guardians cannot be contacted and there is no other cause to detain the juvenile, the member should release the juvenile. 4. Warn the driver that the temporary permit will not become effective until 12 hours have elapsed from the time of issuance of the notice and he/she cannot drive until then or the driver will be subject to arrest (DWLSR) Assist the driver in finding alternate transportation. 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT G. Records Distribution: The .02 violation form, affidavit, breath test results, driver’s license and Notice of Suspension (or refusal form, if applicable) shall be submitted to a supervisor and then forwarded to Records for appropriate distribution. H. PBT Log: Members who use a PBT shall complete a PBT Testing Log that records the date, time, results, and operator information for a breath test that they conduct. I. Equipment: 1. Approved Instruments: The Department shall only use PBT instruments listed on the United States Department of Transportation’s Conforming Products List of Evidential Breath Test Measurement Devices. 2. PBT Maintenance: Only trained PBT service technicians shall perform service on the Department’s PBT instruments. i.PBT service technicians shall maintain a service log for service maintenance performed on the Department’s PBT instruments. ii.PBT instruments shall be serviced according to the specification of the manufacturer. __________________________ By Order of Signed Original on File in The Accreditation Unit __________________________ Tony R. Jones Chief of Police 4