go-53.pdf

\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Impaired Driving Enforcement CHIEF OF POLICE Signature on File Proudly Policing Since 1841 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 53 05/13/1998 10/30/2023 16 AUTHORITY/RELATED REFERENCES Florida Statutes 316.193 – 316.1934, Driving Under the Influence Florida Statutes 322.2615 – 322.2616, Suspension of License Florida Administrative Code 11D-8, Implied Consent Program FTEP 10, Field Training Guide General Order 11, Communicable Disease Control General Order 32, Juvenile Procedures and Programs General Order 42, Impounding and Controlling of Property and Evidence General Order 60, Response to Resistance General Order 64, Vehicle Impounding General Order 76, Traffic and Parking Enforcement ACCREDITATION REFERENCES CALEA Chapter 61 KEY WORD INDEX DUI – Blood Tests Procedure IV DUI – Breath and Urine Tests Procedure II DUI Detection and Arrest Procedures Procedure I Juvenile Breath Testing and Booking Procedure III Portable Breath Test Unit Procedure VI Underage Drinking and Driving Investigations Procedure V POLICY Recognizing the inherent dangers of operating a motor vehicle while under the influence of drugs or alcohol, the Department will proactively enforce Florida Statutes regarding impaired drivers and underage drinking and driving. Officers are responsible for adhering to established protocols in the enforcement of Florida\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT Statutes regarding impaired drivers and underage drinking and driving. DEFINITIONS Actual Physical Control: A person who is in or on a vehicle and has the capability to operate it (e.g., a person asleep in the driver’s seat of an idling vehicle with his foot on the brake is deemed to be in actual physical control of the vehicle). Driver: A person who drives or is in actual physical control of a vehicle on a highway, or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle. DUI: The crime of Driving Under the Influence. Motor Vehicle: Any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or tracks, and specifically excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles. Serious Bodily Injury: An injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any body member or organ. Underage Drinking and Driving: The term used in this policy to describe FS 322.2616 which makes it unlawful for a person under the age of 21 who has a blood-alcohol or breath-alcohol level of 0.02 or higher to drive or be in actual physical control of a motor vehicle. UTC: Uniform Traffic Citation. Vehicle: Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. PROCEDURES I. DUI DETECTION AND ARREST PROCEDURES A. Whenever an officer encounters a driver whose normal faculties appear impaired by alcoholic beverages or controlled substances the officer shall conduct an investigation to determine if the person was driving or in actual physical control of a vehicle while under the influence. B. Officers should be able to recognize the behaviors or clues often exhibited by a person who is driving while under the influence of alcohol and/or drugs, such as: GENERAL ORDER 53 PAGE 2 of 16 IMPAIRED DRIVING ENFORCEMENT OCTOBER 30, 2023\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT 1. Straddling the center lane or lane marker, or driving into opposing or crossing traffic. 2. Turning with a radius greater than normal, or turning abruptly. 3. Almost striking an object or vehicle, 4. Weaving, drifting or swerving, 5. Stopping without cause in a traffic lane, or braking erratically. 6. Following too closely, or accelerating or decelerating rapidly. 7. Signaling inconsistent with driving, or driving with headlights off. 8. Slow response to traffic signals, or driving on other than a designated roadway. C. Once a driver is contacted, the officer should make observations which may provide reasonable suspicion of the driver’s impairment from alcohol or drugs, such as: 1. Open containers of alcohol in the vehicle. 2. Driver has a strong odor of an alcoholic beverage. 3. Driver has bloodshot and/or watery eyes. 4. Driver has slurred speech. 5. Driver has difficulties in locating a driver’s license/vehicle registration. 6. Driver avoids any conversation or eye contact. 7. Driver promptly lights a cigarette or chews gum. D. Once a driver is contacted and the officer has reasonable suspicion the person has consumed alcohol and/or drugs, field sobriety exercises (FSEs) should be conducted. E. Sworn officers who have successfully completed appropriate training are authorized to conduct FSEs. This training includes but is not limited to: training provided as part of the Florida Basic Recruit Training Program (or Equivalency of Training); the Department’s Field Training & Evaluation GENERAL ORDER 53 PAGE 3 of 16 IMPAIRED DRIVING ENFORCEMENT OCTOBER 30, 2023\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT Program, the National Highway Traffic Safety Administration’s 24-hour Basic Standardized Field Sobriety Testing, etc. F. FSEs include but are not necessarily limited to: Horizontal Gaze Nystagmus, Walk and Turn, and One-Leg Stand. G. After completing FSEs, the officer should form an opinion about whether the driver’s normal faculties are impaired. 1. If probable cause does not exist to indicate a driver is impaired, the person should not be detained further unless the officer needs to continue investigating other traffic or criminal violations. 2. If probable cause exists to indicate a driver is impaired, the person should be arrested. H. Whenever an officer encounters a driver who demonstrates indications of impairment of their normal faculties, the officer shall check the driver for medical alert identification: 1. The identification may be in the form of an ID card, bracelet, or necklace. 2. The officer shall ensure the person receives appropriate medical attention if the person possesses such identification. I. For all DUI arrests, officers are responsible for submitting the arrest packet in a manner as directed by the DUI Coordinator within two (2) calendar days of the arrest. The arrest packet will contain a combination of the following documents: 1. Probable Cause Affidavit [CJIS Booking Form] 2. Breath/Urine/Blood Test Affidavit (or refusal) [TRACS] 3. Uniform Alcohol Influence Report [SharePoint, Forms] 4. Charging Document (DUI Citation and/or Criminal UTC) [TRACS] 5. Other UTCs (if applicable) [TRACS] J. Officers are responsible for handling an arrestee’s vehicle in accordance with General Order 64 (Vehicle Impounding). II. DUI CHEMICAL BREATH AND URINE TEST PROCEDURES GENERAL ORDER 53 PAGE 4 of 16 IMPAIRED DRIVING ENFORCEMENT OCTOBER 30, 2023\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT A. The chemical breath test is the primary test to be offered after a person has been arrested for driving under the influence. B. All breath tests shall be conducted with instruments approved by the Florida Department of Law Enforcement (FDLE) for alcohol testing. C. Only officers who have successfully completed the appropriate FDLE training for breath test operators, and possess a valid permit, are allowed to operate evidentiary breath test instruments. D. Officers shall conduct breath testing in accordance with applicable rules as outlined in the Florida Administrative Code. E. Breath test officers shall complete the breath test forms required by the FDLE Alcohol Testing Program. F. The arresting officer is responsible for ensuring the TPD Alcohol Influence Report (PD 398) is completed and appropriately submitted. G. When the breath