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Date: 10/01/90 Revision: 04/21/ 11 Reviewed: 02/24/25 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCED URE Number: GEN 510.07 Page: 1 of 3 SUBJECT: CHEMICAL TEST FOR INTOXICATION I. PURPO SE: The purpose of this standard operating procedure is to define guidelines for the application of the Implied Consent Law pertaining to chemical tests for intoxication. II. SCOPE: This procedure shall apply to all Sheriff's personnel. III. DEFINITION S: A. Breath Test - an approved chemical test for determining the qu antity of alcohol in a person's blood by measuring the volume of alcohol found in a breath sample. B. Blood Alcohol Analysis - a quantitative chemical analysis of a sample of blood to de termine the weight or volume of alcohol and/or the presence of controlled substances. C. Urine Test - a chemical analysis of the urine to detect the presence of controlled substances. IV. STATUTORY PROVISIONS: A. Consent Implied Through Operation of Veh icle Persons who accept the privilege extended by the law of this st ate to operate a vehicle in Florida shall, by so operating such vehicle, be deemed to have given consent to submit to an approved chemical test for the purpose of determining the alcohol content of their blood, and to a urine test for the purpose of detecting the presence of controlled substances, if lawfully arrested for any offense allegedly committed when driving or in actual physical control of a vehicle while under the influence of al coholic beverages or controlled substances. These tests shall be inc idental to a lawful arrest and administered at the request of a deputy having reasonable cause to believe such a person was driving or was in actual physical control of a vehicle while un der the influence of alcoholic beverages and/or controlled substances. The administration of either test shall not preclude the administration of the other. The subject shall be told that failure to submit to a breath or urine test, or both, will result in the suspension of his/her driving privilege to operate a vehicle f or a period of twelve (12) months for a first refusal and eighteen (18) months for a second or subsequent refusal. Refusal to submit to a breath or urine test upon the request of a law e nforcement officer shall be admissible as evidence in criminal proceedings. B. Refusal to Submit to a Breath or Urine Test In cases where a subject refuses to submit to approved tests for the purpose of determining blood alcohol concentration and/or the presence of controlled substances after being read implied consent, t he arres ting deputy shall: GEN 510.07 04/21/11 Page 2 of 3 1. Complete a refusal to submit to tests form (DHSMV# 72054) 2. Complete a Florida DUI Citation checking the block "Refusal." 3. Seize the subject's driver's l icense 4. Complete a Criminal Report Affidavit; noting refusal in the narrative section. C. Unconscious Person 1. A person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdraw n his/her consent to an approved blood test for the purpose of determ ining the alcohol content of their blood and/or presence of controlled substances. 2. A blood test may be administered whether or not the person is informed of the consequences of refusal to submit to testing. D. Forcible Withdrawal of Blood 1. A deputy who has probable cause to believe a vehicle driven by or under actual physical control of a person under the influence of alcoholic beverages and/or controlled substances has caused the d eath or serious bodily injury of a human being may use reasonable for ce as deemed necessary to require such person to submit to the administration of a blood test. Serious bodily injury means a physical condition which creates a substantial risk of death or serious, personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 2. The blood test shall be administered in the same manner and by the same personnel as required under implied consent. V. PROCEDURE: A. Upon the deputy's determination that sufficient probable cause exists to support the charge of D.U.I. , the deputy shall place the suspect under arrest and if necessary, impound the defendant's vehicle in accordance with SOP GEN 504.00. B. The arresting dep uty shall request subjects arrested for D.U.I. to submit to a breath test or, if deemed necessary, to submit to a urine test. The deputy shall inform the subject of the consequences of refusal to submit to testing. An approved Implied Consent Warning sha ll be given as follows: Approved Implied Consent Warning "Florida L aw requires that you submit to a chemical test of your breath to determine the alcohol content of your blood and/or a urine test to detect the presence of controlled substances. Your ref usal to submit to either or both of these tests will result in the suspension of your driving privileges for a period of one year for a first refusal and eighteen months for a second or subsequent refusal. If you refuse to submit to either or both of thes e tests, the fact of your refusal can and shall be used against you a s evidence in any future criminal proceeding." C. On