Policy Text
KISSIMMEE POLICE DEPARTMENT
GENERAL ORDER
General Order 412 – DUI Investigation Procedures
Page 1 of 12 TITLE: DUI INVESTIGATION PROCEDURES 412
EFFECTIVE: 07/01/2015 REVISED: 01/20/2026 SCOPE : ALL EMPLOYEES
REVIEW AUTHORITY: SPECIAL OPERATIONS DIVISION CAPTAIN
CFA STANDARDS: 18.03M (D)
412.01 Compliance 412.08 Independent Testing
412.02 DUI Investigation Procedures 412.09 Urine Testing
412.03 Transfer of Probable Cause 412.10 Blood Testing
412.04 Field Sobriety Exercises 412.11 Refusal to Take a Test for Alcohol,
Chemical Substances, or Controlled Substances
412.05 Arresting the Suspect 412.12 Test Results
412.06 Breath Testing 412.13 Reports and Forms
412.07 Medical Complications of High BAC’s 412.14 Driver License Seizures
Policy: The Kissimmee Police Department recognizes that many traffic crashes, particularly those
involving fatalities and personal injury, are directly attributable to persons driving under the
influence of alcohol and/or drugs. It shall be the policy of the Kissi mmee Police Department to
deter persons under the influence of alcohol and/or drugs from driving and to vigorously enforce
the applicable laws of the State of Florida regarding driving under the influence of alcohol and/or
controlled substances. [CFA 18.0 3M – D]
412.01 Compliance: This General Order establishes uniform procedures regarding the arrest and
chemical testing of persons driving under the influence (DUI) of alcohol, chemical substances set
forth in Section 877.11, Florida Statutes, or controlled substances defined in Chapter 893, Florida
Statues. The Kissimmee Police Department shall comply with the guidelines set by the Florida
Department of Law Enforcement concerning techniques, methods, and testing equipment used to
determine the blood alcohol content of persons arrested for driving under the influence.
412.02 DUI Investigation Procedures: An officer making a traffic stop on a vehicle suspected of
being operated by a DUI driver shall notify the Communications Operator of the legal bas is for
the stop and the possibility of a DUI pattern.
The Communications Operator shall dispatch a second unit to back up the officer and document
any evidence. If either officer is equipped with a body worn camera it shall be used to record the
subject ’s behavior and the results of the exercises. If both officers are equipped with body worn
cameras efforts should be made by the second officer to get a wider angle of the subject to record
additional angles of the exercises. This should not however jeopar dize the safety of either officer
KISSIMMEE POLICE DEPARTMENT
GENERAL ORDER
General Order 412 – DUI Investigation Procedures
Page 2 of 12 or the subject. The second officer shall serve as both back -up officer, and independent witness to
the investigation and conditions of the suspect.
It is extremely important that officers note all the driving factors tha t they observed, both prior to
stopping the vehicle and after signaling the driver to stop, that would indicate that the driver is
impaired. These should all be recorded in detail in the appropriate section of the Kissimmee Police
DUI Investigation Packet. The Kissimmee Police incident report should state that this information
is noted in the DUI Packet.
The primary officer (and any back -up officers) should also note any factors that demonstrate that
the operator is impaired during their initial contact wi th the operator. Any back -up officer shall
complete a supplemental report including their observations. Factors may include the way the
operator speaks, smells, the condition of their clothing, their alertness, any spontaneous statements,
their dexterity, or any open containers of alcoholic beverages in the car or drug paraphernalia.
These observations should all be noted in the appropriate section of the Kissimmee Police DUI
Investigation Packet. The Kissimmee Police Incident Report should state that this information is
noted in the DUI Packet.
412.03 Transfer of Probable Cause: Officers may request a DUI officer, when available, to take
over an investigation of a suspected DUI driver. However, the transfer of the investigation to a
DUI officer shall not u nreasonably delay the length of the traffic stop, and the officer shall
document the time that the DUI officer is requested and arrives and continue to observe the
operator while waiting for the DUI officer to arrive. If a DUI officer is not available, the officer
who made the stop shall complete the DUI investigation unless otherwise authorized by a
supervisor.
Prior to requesting a DUI officer, the officer shall attempt to determine if the operator is impaired
based on their observations (i.e. driving pattern, odor of alcoholic beverages, physical
observations, etc.).
a. The officer shall not perform any Standardized Field Sobriety Exercises if a transfer of the
case is going to be requested.
b. If any sobriety exercises are administered prior to the arrival of the DUI officer, the
initiating officer cannot transfer the investigation.
c. The final decision whether to transfer the DUI case from th e initiating officer shall be made
by the DUI officer with the final decision being made by the Patrol Supervisor.
Upon the arrival of the DUI officer, the initiating officer shall advise the DUI officer of the details
of the stop or contact. The initial officer shall remain at the scene and witness the violator
performing the exercises if possible. The initial officer shall