Police Department Policy

301394

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: June 8, 2024  Amends G.O. 6.1.1 (March 5, 2019) Number: 6.1.1 Distribution: All Personnel Review Month: September Reviewing Authority: SOD / Traffic Subject: DUI Traffic Enforcement This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to discourage people from driving while impaired through enforcement action. 2. Policy The agency shall vigorously enforce all DUI laws. 3. Definitions A. Actual Physical control - When approaching the operator of a stopped vehicle without ever observing the vehicle in motion. The vehicle must be able to be driven and the driver must be in the driver’s seat with the ability to operate it to be considered for a DUI investigation. The location of the vehicle keys and the vehicle’s operability are very important facts that will be noted in the Arrest Affidavit if an arrest is made. B. Advance Roadside Impairment Driving Enforcement (ARIDE) - a DUI class that focuses on how to observe, identify, and articulate the signs of impairment that relates to drugs, alcohol, or a combination of both. C. Blood Alcohol Content (BAC) – an unlawful BAC of 0.08g/100ml or higher is presumptive proof of impairment and prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. D. Breath Alcohol Content (BrAC) – an unlawful BrAC of .08g/210L or higher is presumptive proof of impairment and prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. E. Drug Recognition Expert (DRE) - Law Enforcement Officer who has received specialized training and has been certified by the International Association of Chiefs of Police (IACP) to evaluate suspects and determine, if the subject is impaired, what drug categ ory(s) is/are causing the impairment, and if a medical condition is causing the impairment. 6.1.1, Page 2 of 7 F. DUI – driving under the influence as defined by FS 316.193 (1)(a)(b)(c). G. DUI Uniform Traffic Citation – a citation issued only for DUI arrests when the driver’s BrAC or BAC is .0.08 or higher or when the driver refuses to submit to a blood, breath, or urine test. H. DUI Worksheet - can be found on OCSO agency portal. This form i ncludes a check off list, Health questions, Psychophysical evaluations, and the Standardized Field Sobriety Exercise worksheet. I. Lack of Convergence - inability of an individual to cross their eye when focusing on a stimulus as it is moved towards the bridge of their nose (must be ARIDE certified). J. Modified Romberg - adapted and modified from its original use as a neurological asse ssment tool in order to check a subject’s internal clock, balance and presence of tremors (eye lid and body). (must be ARIDE certified) K. National Association of State Boating Law Administrators (NASBLA) - An organization that certifies law enforcement offi cers in the Seated Battery exercise method. L. Presumption of Impairment – a person under the influence of alcoholic beverages, encompassing anyone with a BAC of 0.08g/100ml or a BrAC of .08g/210L or higher, any chemical substance defined in FS 877.111 , or any controlled substance under FS 893 to the extent normal faculties are impaired. M. Seated Battery - an alternate exercise typically used for Boating U nder the Influence investigations. This alternate exercise may be used on the roadside if other exercises are not practical. N. Standardized Field Sobriety Exercises (SFSE) -The National Highway Traffic Safety Administration (NHTSA) has sanctioned three sta ndard field sobriety exercises which include Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand. O. Uniform Traffic Citation (UTC) – standard traffic summons issued for traffic offenses. 4. Procedures A. Phase 1 (Vehicle in Motion) The following circumstances may identify an impaired driver: 1. Traffic violation (s) committed by the operator. 2. Specific behavior or driving pattern that indicates a high probability that the operator may be impaired. This driving pattern could include the following, headlights off, weaving in and out of lane, extremely slow speeds, erratic driving, unusual driver actions, or other traffic violations . 3. Locating an occupied vehicle based upon a description from a citizen comp laint. 6.1.1, Page 3 of 7 4. The vehicle and/or occupants are suspects in any criminal act. B. Phase 2 (Personal Contact) When reasonable suspicion has been established, deputies shall initiate traffic stops in accordance with GO 6.1.6. Deputies shall be alert for any signs of impairment that may be seen after the traffic stop is initiated. The following procedures will be followed: 1. When approaching vehicles, deputies should observe the vehicle interior for evidence such as open alcoholic beverage containers or drug paraphernalia. 2. Deputies shall request the driver

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