13406545.pdf

WINTER GARDEN POLICE DEPARTMENT FIELD TRAINING BRIEF D.U.I. Number: TB 39 Radio Signal(s): 1 Instruction: The following material will be discussed with the trainee to ensure a complete understanding of the Winter Garden Police Department policy and procedure used when responding to this type of incident. Reference Material: Policy & Procedure F.S.S. 316.193 NOTE: In your charging affidavit, you will need to articulate your belief that the defendant was operating or in actual physical control of a motor vehicle while under the influence of alcoholic beverage and/or controlled substance. Procedures: A. Observing Violations and Making the Stop: 1. Observe and document any violations or driving behaviors that give you a reason to stop the vehicle: Example: a. Vehicle Speed. (Too fast or too slow). b. Weaving from a single lane. (How many times did the vehicle weave out of the lane and how far out of the lane were they? Were they weaving within the lane?) c. Abrupt stops. d. Wide turns. e. Failure to signal turns or signaling too far in advance. f. Failure to use headlights at night or continuous use of high beams. 2. Any one of these violations alone does not indicate D.U.I. but a combination might. 3. Once you have reasonable suspicion to believe the driver of the vehicle may be impaired, make every reasonable effort to initiate a traffic stop as quickly as possible. Preferably the traffic stop should take place in a safe well lit location. The officer should consider traffic, road conditions, weather, etc. 4. If your contact with the driver is at the scene of a traffic crash you did not witness, the above observations made by witnesses must be documented (You need a wheel witness to make an arrest in a D.U.I. crash) a. Prior to beginning the D.U.I. investigation you must complete the crash investigation. The suspect must be advised of the crash investigation come and that you are now conducting a D.U.I. investigation. The suspect must be advised of Miranda or any statements made may be inadmissible in court. 5. If you contact a suspect who you did not see driving and was not involved in a crash, but was in active physical control , regardless of being on public or private property, of a vehicle you can still make an arrest for D.U.I. if you can document that the suspect had control of the vehicle. However, you will have no documentation of his/her driving behaviors.