Police Department Policy

030 - Policy 030

Homestead Police Department

Policy Text
D.U.I. PROCEDURES EFFECTIVE DATE: 08/01/89 STANDARD NO. 030 REVISED: 03/27/18 REPLACES: SOP Blood Withdrawal Involving Traffic Accidents 02-03.1-4 – Rev. 01/01/03; Rev.____ 03/01/12 OBJECTIVE: The Homestead Police Department recognizes the dangers that impaired drivers pose to the motoring public and makes D.U.I. enforcement and prosecution a priority. This procedure is to develop criteria for the testing and processing of persons charged with driving under the influence of alcoholic beverages and/or controlled substances (D.U.I.). POLICY: It is the policy of the Homestead Police Department (HPD) to ensure standardized processing of suspected D.U.I. violators. This will be accomplished through careful investigation of all relevant evidence, along with the compilation of appropriate reports. SCOPE: All employees of this Department shall be governed by the procedures set forth below. I. INITIAL D.U.I. EVALUATION PROTOCOL: A. Officers observing individuals driving in a manner that indicates possible impairment shall stop them. If alcohol or drug impairment is suspected, standardized field sobriety exercises shall be conducted. If the driver does not perform the exercises to standard, and the officer elects to make an arrest, the subject shall be transported to the D.U.I. Test Room. From the time of arrest, officers shall monitor the suspect to prevent food, tobacco, or liquid ingestion. A certified Breath Test Operator (BTO) will perform the breath test. B. The visual cues listed below are some but not all of the indicators that an operator of a motor vehicle may be intoxicated. 1. Turning with a wide radius 2. Straddling center or lane marker 3. Appearing to be drunk 4. Nearly causing an accident 5. Vehicle weaving 6. Driving off roadway 7. Vehicle swerving 8. Abnormally slow speed, 10 or more m.p.h. under the posted limit D. U. I. Procedures – SOP# 030 9. Vehicle stopping, without cause, in a traffic lane 10. Following too closely 11. Drifting from traffic lanes 12. Driving on the center of the lane marker 13. Braking erratically 14. Driving in the opposite traffic lanes 15. Signaling inconsistent with driving actions 16. Slow response to traffic signals 17. Turning vehicle abruptly or illegally 18. Accelerating and decelerating rapidly 19. Headlights off in rain or darkness II. STATION PROCEDURES: A. Take the subject to the Prisoner Processing Room. B. Observe the subject for at least 20 minutes prior to administering the breath test. C. Implied Consent Law – Breath and Urine Test: 1. Officers will follow implied consent law and procedures set forth in the Florida Administrative Code 11D-8 and Florida State Statute regarding administering Breath or Urine Testing. D. Follow the Intoxilyzer Operational Checklist. E. Complete the D.U.I. Test Report. F. Breath Test Results: 1. If the results show a blood alcohol level of 0.08* or greater, the officer will seize the arrestee’s driver’s license and issue a D.U.I. Uniform Traffic Citation, marking the appropriate section on the citation for driving with an unlawful blood alcohol level. *or 0.04, or greater, if driving commercial vehicles, refer to Section VII. . 2. An alcohol reading of .049 or below, which is not consistent with the subject’s physical impairment may require a urine sample from the subject. All efforts should be made to contact a Drug Recognition Expert (DRE) prior to this urine sample. The sample shall be placed in the Urine Collection Kit. The kit will be

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