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ORANGE COUNTY SHERIFF'S OFFICE SPECIAL ORDER Effective Date: March 7, 2024  Amends - SO 20.0 ( March 5, 2019 ) Number: 20.0 Distribution: All Sworn and Test Center Personnel Review Month: August Reviewing Authority: SOD / Traffic Subject: DUI Testing Center This order consists of the following: 1. Purpose 2. Definitions 3. Procedures 1. Purpose The purpose of this policy is to establish guidelines for the DUI Testing Center personnel and law enforcement personnel in the collection and documentation of evidence obtained from alcohol and drug impaired persons as prescribed by applicable provisions of Florida Statutes and Florida Administrative Code. 2. Definitions A. Agency Inspector – an agency employee who has been issued an Agency Inspector permit by the Florida Department of Law Enforcement and is responsible for testing the calibration and operation of the evidentiary breath test instruments during agency inspecti ons as defined in FAC Chapter 11D-8. B. Breath Test – measurement of a person’s breath to determine the breath alcohol content in accordance with FAC Chapter 11D-8. C. Breath Test Operator (BTO) – an agency employee who has been issued a Breath Test Operator permit by the Florida Department of Law Enforcement as defined in FAC Chapter 11D-8 and is responsible for the collecting, testing and analysis of breath samples. D. DHSMV – Department of Highway Safety Motor Vehicles E. Drug Recognition Expert (DRE) – Law Enforcement Officer who ha s 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 category(s) is/are causing the impairment and if a medical condition is causing the impairment. F. Driving Under the Influence (DUI) – Driving under the influence as defined by FS 316.193 . 20.0, Page 2 of 13 G. DUI Citation – citation which is specifically used for DUI cases where the defendant’s Breath Alcohol Content (BrAC) is .08% or higher, or where the defendant refuses lawful tests. This citation also serves as a ten -day driving permit and notice to the individual that their driving privilege has been suspended. H. DUI Testing Center – a secure agency facility which is responsible for the administration of evidential breath testing 24 hour s a day/seven days a week. I. Implied Consent – A person who accepts the privilege of operating a motor vehicle within the State of Florida, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the per son was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages. J. Preliminary Breath Test Device (PBT) – A calibrated device used for non - evidentiary breath tests. K. Testing Instrument – Evidentiary Brea th Test Instrument approved by the Florida Department of Law Enforcement under FAC rule 11D-8.003 , and used primarily to conduct alcohol breath test s pursuant to Florida Law. L. Urine Test – chemical analysis of the urine to detect the presence of any chemical or controlled substance. 3. Procedures A. Organization 1. The Specialized Traffic Lieutenant or designee shall confirm the DUI Testing Center op erates in accordance with law and agency directives. 2. The DUI Testing Center will be staffed with personnel who meet the Florida Department of Law Enforcement Alcohol Testing Program (FDLE/ATP) requirements to possess a valid permit to conduct chemical or physical analyses of breath and or conduct agency inspections of FDLE approved agency breath test instrumentation. 3. The DUI Testing Center DUI Technician Supervisor is responsible for overseeing the DUI Testing Center facilities, all assigned operational functions, personnel scheduling, equipment inventory, equipment repair and certification, and all security and safety needs for the DUI Testing Center. The DUI Testing Center DUI Technician Supervisor shall confirm all technicians are qualified to perform assigned duties, and that all Florida Department of Law Enforcement Breath Test Operator and Agency Inspector certifications are current. and continuing education requirements are met in accordance with FDLE guidelines and rules. 20.0, Page 3 of 13 B. DUI Testin g Center 1. The DUI Te sting Center will operate 24 hours a day with at least one technician on -duty or on -call. The DUI Testing Center Supervisor shall schedule sufficient personnel to cover peak testing periods. The DUI Testing Center Supervisor, ASL’s and Agency Inspector shall be issued an agency mobile device to facilitate communication regarding technician on -call status, courtroom testimony requirements, depositions, DHSMV hearings, and other information as necessary, and shall be utilized in accord ance with GO 13.1.11 , Telecommunications. All DUI Testing Center Technicians shall have an operational phone available. When a DUI Technician receives a request from Witness Management, the Communications Center, Traffic Office personnel, or the DUI Testing Center Supervisor or designee, the DUI Technician shall respond within a reasonable amount of time. 2. Breath tests will be conducted on evidentiary instrumentation, as applicable for the following: a. DUI (Driving Under the Influence) arrests in accordance