Policy Text
1. A DRE should be notified when drugs are suspected and only after a subject is placed under
arrest for any violation of FSS Chapter 316.193 and other subsections.
2. The DRE will respond to the breath testing center to perform an independent evaluation
to supplement the officer’s arrest.
B. Traffic Crash Investigation - The officer must first ascertain whether any evidence exists or
any other party can identify the suspected driver and place him or her behind the wheel.
IV. INVESTIGATION AND SCREENING:
A. The officer will note any physical signs of impairment or any behaviors that indicate
impairment.
B. There are 5 Divided Attention Tasks approved for use in the State of Florida.
1. The Horizontal Gaze Nystagmus (HGN) Task,
2. The Walk and Turn Task,
3. The One Leg Stand Task,
4. The Finger to Nose Task, and
5. The Romberg/Alphabet Task.
C. Each task is administered and the results are recorded.
1. The Horizontal Gaze Nystagmus (HGN) task, The Walk and Turn Task, and The One Leg
Stand Task will be administered in a standardized manner according to the National
Highway and Traffic Safety Administration (NHTSA).
2. The Finger to Nose Task and The Rhomberg Alphabet Task can be used as supplemental
tasks to determine impairment.
V. CRASH INVESTIGATION:
A. When the officer believes the driver(s) are DUI, the officer must advise the suspected DUI
driver of his or her Miranda Rights before questioning during the DUI investigation.
B. When the suspected DUI driver has been injured in the crash to the extent they will be
transported to a medical facility, the administration of physical performance tests may be
inappropriate or impossible.
Original issue: December 30, 1988 Persons Suspected of DUI of Alcohol or Drugs
Revised: July 3, 2017 SOP III-30
1. When the driver is transported to a medical facility for treatment of injuries sustained in a
crash, the officer may authorize a qualified person to take a blood sample from the suspect
for alcohol content analysis.
a. it is not necessary for the officer to place the driver under arrest prior to requesting a
blood sample for analysis.
b. when the driver is conscious, then permission to take the sample must be obtained.
c. when the driver refuses to submit to the withdrawal, then procedures for a chemical
test refusal must be followed.
d. pursuant to Florida Statute 316.1933, if the driver was involved in a crash that resulted
in serious bodily injury or death to another, he or she does not have the right to refuse
the withdrawal of blood for alcohol content analysis. The officer may use whatever
reasonable force is necessary to obtain the sample. However, the officer must contact
the State Attorney’s Office prior to drawing blood to determine if a search warrant is
needed. When faced with this situation, the officer should request the presence of a
supervisor prior to taking the sample
C. When the results of the Divided Attention Tasks, in conjunction with other observations at
the scene, indicate to the officer the subject is impaired, the subject may be placed under
arrest for DUI.
1. The subject must be under arrest before they can be asked to submit to a breath or urine
test.
D. The subject vehicle will be secured according to established departmental guidelines.