Police Department Policy

MPD P&P 506

Maitland Police

Policy Text
MAITLAND POLICE DEPARTMENT POLICY AND PROCEDURE DUI PROCEDURES AND TECHNIQUES Page 1 TITLE: DUI PROCEDURES AND TECHNIQUES NUMBER: 506 EFFECTIVE: FEBRUARY 1, 2000 REFERENCE: F.S.S. 316.193, 316.2616 RESCINDS: AMENDS: ATTACHMENTS: DATE FOR REVIEW: PERIODICALLY REVIEW BY: STAFF/OUTSIDE SOURCE DATE LAST REVIEW: May 2025 DATE REVISED: March 2022 PURPOSE ................................ .......................... 1 DISCUSSION ................................ ..................... 2 POLICY ................................ .............................. 2 PROCEDURE ................................ .................... 2 DUI DETECTION AND PRE -ARREST SCREENING ................................ ..................... 3 ARREST AND PROCESSING ........................... 4 EVIDENTIAL CHEMICAL TESTING .................. 4 URINE/BLOOD TESTING ................................ .. 4 COMPLETE ARREST REPORTS AND REQUIRED FORMS ................................ .......... 5 UNDER 21 DUI .02 LAW ................................ ... 5 ENFORCING FS 316.2616 IN THE FIELD ........ 6 DUI COMMERCIAL MOTOR VEHICLE OPERATORS………………………………………. 8 PURPOSE To establish guidelines for conducting DUI countermeasures program designed to reduce alcohol/drug -related crashes. MAITLAND POLICE DEPARTMENT POLICY AND PROCEDURE DUI PROCEDURES AND TECHNIQUES Page 2 DISCUSSION Drivers impaired by alcohol and/or drugs represent a serious threat to the life and safety of persons using the streets and highways of this State, and consequently a comprehensive, coordinated countermeasures program involving education, enforcement, adjudication, treatment and public support is essential if the program is to have long -term succes s in combating the DUI problem. Enforcement is one of the key elements in the DUI countermeasures program. If the Department does not detect and apprehend impaired drivers, the rest of the system cannot function. The detection and arrest of impaired dr ivers differs significantly from other traffic law violators. Specific statues and regulations govern driving while under the influence of alcohol and/or drugs, implied consent, chemical tests for intoxication, and legal limits of impairment or intoxicatio n. These statutes and regulations include many provisions that affect an Officer's authority and establish procedures for conducting chemical tests and initiating the DUI sanction process. POLICY 506.1a The Department fully supports a comprehensive, cooperative DUI countermeasures program, and has established DUI enforcement as one of its highest priorities. 506.1b Sworn Officers must be alert for signs of alcohol and/or drug impairment in all contact with motorists and must make every effort to detect and apprehend them. After conducting an initial examination at the scene of the traffic contact and upon determining that probable cause to arrest is present, Officers will affect a physical arres t of the subject. Officers will not release a DUI suspect or arrange for alternate transportation in lieu of arrest. 506.1c Chemical test(s) will be offered in accordance with State and local requirements. Officers are reminded that chemical tests are supplemental tools only, and a refusal to submit to a chemical test shall not constitute cause to issue a citation for a lesser offense. PROCEDURE 506.2a The following is the policy and procedure for the proper techniques/procedures involving driving under the influence including: testing procedures, refusal to submit to a test, and the under 21 Driving Under the Influence ( .02) procedures. 506.2b All patrol officers should complete a DUI detection and field sobriety training during initial or field training . Additional specialized training is recommended when available. DUI DETECTION AND PRE -ARREST SCREENING 506.3a Detection is the first step in any DUI enforcement action. The Officer's observations in this stage are crucial in establishing probable cause upon which the arrest decision is based. Officers must perform the following tasks: MAITLAND POLICE DEPARTMENT POLICY AND PROCEDURE DUI PROCEDURES AND TECHNIQUES Page 3 • Recognize and identify specific driving behaviors that have a high probability of signifying that the driver may be impaired by alcohol and/or drugs. • Recognize and identify specific driving or other behaviors occurring during vehicle stops that provide additional eviden ce/suspicion that the driver may be impaired. • Note all observations leading to the suspicion that the driver may be impaired. • Exercise due care and caution in following impaired drivers and be alert for unusual or inappropriate reactions from the driver. • Following the vehicle should not be prolonged; the stop should be made as soon as possible in a safe location. • Notify Communications of location and vehicle description. • Summon assistance if necessary. • Approach the vehicle with caution, but with minimal del ay. • Obtain driver's license and other appropriate documents (e.g., registration, insurance card) • Interview driver and passengers. • Recognize and identify specific characteristics, attitudes, and actions commonly manifested by impaired drivers during face -to-face contact. • Once the driver is determined to be impaired, do not allow the driver to move the vehicle. • Note all observations leading to the suspicion that the driver may be impaired. If probable cause exists to support your suspicion, request the dri ver to exit the vehicle for further investigation. • If the vehicle was not observed in motion, determine if probable cause exists to charge

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