Policy Text
GO 506 DUI Enforcement And Processing Page 1 of 6 Rev.12/20/22
GENERAL ORDER
506 DUI ENFORCEMENT AND PROCESSING
REVISION DATE:12/20/2022
BY ORDER OF THE CHIEF OF POLICE
SUNNY ISLES BEACH
POLICE DEPARTMENT ORIGINAL EFFECTIVE DATE:12/20/22
PREVIOUS REVISIONS:
RESCINDS: All previously issued directives REFERENCE : None
TABLE OF CONTENTS
A. PURPOSE .......................................................................................................................... 1
B. SCOPE ............................................................................................................................... 1
C. POLICY ............................................................................................................................. 1
D. DEFINITIONS .................................................................................................................. 1
E. DUI TRAFFIC STOPS ..................................................................................................... 2
F. BLOOD ALCOHOL CONTENT (BAC) TEST ............................................................. 3
G. JUVENILE AND PERSON UNDER THE AGE OF TWENTY-ONE ........................ 5
A. PURPOSE
The purpose of this Directive is to establish procedural guidelines and standards for sworn members in regards to
DUI enforcement and processing.
B. SCOPE
This Directive is applicable to sworn members of this Department.
C. POLICY
It is the policy of the City of Sunny Isles Beach Police Department to promote public safety by strictly enforcing
the Florida traffic laws regarding persons operating a motor vehicle while under the influence of alcohol and/or
drugs.
D. DEFINITIONS
Breath Test Operator (BTO): A person who has been issued a Breath Test Operator permit by FDLE to administer
a breath test utilizing an approved instrument according to FDLE standards, pursuant to Chapter 11D-8 , Florida
Administrative Code (FAC) and Chapters 316, 322 and 327 Florida Statutes.
DUI ENFORCEMENT AND PROCESSING
Policy 506
GO 506 DUI Enforcement And Processing Page 2 of 6 Rev.12/20/22
Breath Alcohol Content (BAC): Also known Blood Alcohol Concentration or Breath-Alcohol level. Florida
Statute 322.2615 provides that an unlawful BAC level of 0.08 or higher per 210 liters of breath or a refusal to
submit to a breath, blood, or urine test will result in an immediate administrative suspension of the driving privilege.
A BAC of 0.04 or higher is unlawful for drivers with CDL licenses while operating commercial vehicles.
Drug Recognition Expert (DRE): A Drug Recognition Expert is an officer who has received specialized training
and has been credentialed by the International Association of Chiefs of Police to evaluate suspects and determine:
If the subject is impaired, If a medical condition is causing the impairment, or if a drug is causing impairment and
which category.
E. DUI TRAFFIC STOPS
1. When a member observes a driving pattern or traffic infraction(s) and suspects that the driver may be intoxicated
or impaired, the member should note the actions of the driver or probable cause and initiate a traffic stop.
2. When a member is investigating a traffic crash and suspects that a driver involved in the traffic crash may be
intoxicated, the member shall complete the crash investigation and then request another member to conduct a
DUI investigation. Separate case numbers shall be pulled for the traffic crash and DUI investigation.
3. Personal Contact:
a. The member will request a driver license, insurance card, and vehicle registration.
b. The member will observe the driver's demeanor and general appearance for common physical indicators of
intoxication, which may include:
Bloodshot eyes, slurred speech, crying.
Irrational behavior, belligerence.
Disheveled or soiled (e.g., vomit, urine) clothing.
Inability to operate windows and/or doors, or lack of dexterity and inability to find identification.
The odor of an alcoholic beverage.
Plain view observations of items within the vehicle may assist in establishing driver impairment. These
observations may include:
(a) Open containers of alcohol.
(b) Controlled substances.
(c) Drug paraphernalia.
c. Any pre-Miranda questioning or admissions will be documented and used to assist in determining
reasonable suspicion for impairment.
DUI ENFORCEMENT AND PROCESSING
Policy 506
GO 506 DUI Enforcement And Processing Page 3 of 6 Rev.12/20/22
d. When the member suspects that the driver's ability to operate a motor vehicle is impaired, the driver shall
be asked to turn off the engine of the vehicle and step out of the vehicle.
The member shall request the driver to submit to field sobriety exercises in a safe location and firm
ground.
The member shall complete a “D.U.I. Investigation Report” Form based on the results of the field
sobriety exercises and information obtained from the driver.
4. Field Sobriety Exercises:
a. The National Highway Traffic Safety Administration (NHTSA) has classified the walk and turn, one leg
stand, and horizontal gaze nystagmus (HGN) as standardized field sobriety exercises.
b. The finger-to-nose and Romberg Test evaluation may also be used in addition to the standardized field
sobriety exercises to establish probable cause for a DUI arrest.
5. Effecting the Arrest:
a. When the member is satisfied that probable cause exists to charge the driver with DUI, the driver shall be
arrested using the appropriate DUI Citation in accordance with F.S.S. § 316.193 .
b. The arrestee's vehicle shall be released, impounded, or secured as appropriate.
If the arrestee's vehicle is to be impounded, the arresting member shall request the backup member to
stand by for the towing service, if possible