Police Department Policy

11.06 DUI Detection and Enforcement (1)

Zephyrhills PD

Policy Text
Page 1 of 14 ZEPHYRHILLS POLICE DEPARTMENT STANDARD OPERATING PROCEDURE Standard Operating Procedure: 11.06 Subject: DUI Detection and Enforcement Effective Date: July 18 , 2023 Scope: All Rescinds: 510.05 Revised: July 4, 2023 Reviewed: July 4, 2023 Pages: 14 CONTENTS: This procedure consists of the following numbered sections: I. Definitions II. Indicators III. Investigative Traffic Stop IV. Arrest Procedures V. Traffic Crash Investigations (DUI) PURPOSE: The purpose of this standard operating procedure is to establish guidelines for the enforcement of the alcohol and drug -impaired driving statutes and the investigation of alcohol and drug -impaired traffic crashes. POLICY: Enforcing alcohol and drug -impaired driving statutes and investigating alcohol and drug-impaired dr iving -related traffic crashes have become increasingly sophisticated. The heightened concern of the public and the need for more precise enforcement and investigative techniques requires a set of concise operating guidelines. I. DEFINITIONS A. Blood Alcohol Co ntent (BAC): The ratio of grams of alcohol per 100 milliliters (ml) of blood. A BAC of 0.08 is 0.08 grams per 1 00 milliliters ( ml). B. Breath Alcohol Content ( BrAC) : The ratio of grams of alcohol per 210 liters (L) of breath. A BrAC of 0.08 is 0.08 grams per 210 liters ( L) of breath . Page 2 of 14 II. INDICATORS A. Vehicle in Motion: The clues listed below are National Highway Traffic Safety Administration (NHTSA) -recognized indicators that the operator of a vehicle may be impaired while the vehicle is in motion. These clues should be well articulated by the officer in their report as to the circumstances in which they occurred. Although these indicators may not be actual traffic violations, they are nevertheless indicators of an impaired operator. 1. Vehicle Clues: a. Turning with a wide radius; b. Straddling or driving on the center lane marker; c. Appearing to be drunk (drinking an alcoholic beverage while driving a motor vehicle may indicate driver impairment); d. Nearly causing a crash; e. Weaving vehicle; f. Driving off the roadway; g. Swerving vehicle; h. Abnormally slow speed without cause (10 or more miles under the speed limit); i. Vehicle stopping without cause in a traffic lane; j. Following too closely; k. Drifting from traffic lanes; l. Braking erratically ; m. Driving in opposing traffic lanes; n. Signaling inconsistent with driving actions; o. Slow response to traffic signals; p. Turning vehicle abruptly or illegally; q. Accelerating or decelerating rapidly; and r. Headlights off in rain or darkness. 2. Motorcycle Clues: a. Drifting during tum or curve; b. Trouble with dismounting ; c. Trouble with balance at a stop; d. Turning problems (unsteady, sudden corrections, late braking, improper lean angle); e. Inattention to surroundings; f. Inappropriate or unusual behavior (carrying or dropping an object, urinating at the roadside); g. Weaving; Page 3 of 14 h. Erratic movements while going straight; i. Operating without lights at night; j. Recklessness; k. Following too closely; l. Running stop light or sign; m. Evasion; and n. Driving the wrong way or on the wrong side of the road. III. INVESTIGATIVE TRAFFIC STOP: Pursuant to the observed indicators, the officer will perform a traffic stop according to Zephyrhills Police Department Traffic Stops Standard Operating Procedure. The officer will signal the driver to pull over and observe the driver's actions. Motorist actions are significant in establishing reasonable suspicion of driver impairment. However, erratic driver actions may not be due to alcohol or narcotic impairment. A driver may fall asleep at the wheel or suffer from an illn ess. An officer will perform an investigative traffic stop to determine the reason for the driver's distress or driving difficulty. Observations to be made while performing the traffic stop include: A. Reaction to Traffic Stop: 1. How did the driver pull ove r? 2. Did the driver pull over safely? 3. Did the driver pull over immediately? 4. Did the driver attempt to flee or elude? 5. Did the driver explain the observed difficulty in driving or distress? B. Personal Contact: The officer will request a driver's license, insura nce card, and vehicle registration. If the driver cannot produce a driver's license, the officer will request another form of identification or attempt to identify the driver through the DAVID system. The clues listed below are NHTSA -recognized indicator s that the vehicle operator may be impaired during the officer's contact with the operator. These clues should be well articulated by the officer in their report as to the circumstances in which they occurred. Unless the office r is conducting a DUI traff ic crash investigation or has already placed the operator in handcuffs, Miranda Warnings are not required during a DUI investigation (the courts consider the detention temporary , and the operator is not yet "in custody"). Officers should take the opportunity to inquire as to the

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