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E.P.P. 019 LONGWOOD POLICE DEPARTMENT ENFORCEMENT POLICY & PROCEDURE NUMBER: EPP – 19 SUBJECT: D.U.I. COUNTERMEASURES PROGRAM EFFECTIVE: OCTOBER 22, 2001 REVISED: MARCH 1, 2022 ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 1 of 33 I. PURPOSE It shall be the policy of the Longwood Police Department to vigorously enforce the D.U.I. traffic laws of the State of Florida. II. SCOPE While each D.U.I. traffic stop is unique, the following procedures shall be followed as closely as practicable. It is recognized that in some cases the level of intoxication may be so high that some procedures may be impractical. Also, if an intoxicated driver becomes belligerent, it may become necessary to physically secure him/her to minimize the danger of injury to the offender, the officer or the public. III. GENERAL A. It is unlawful and punishable as provided in Chapters 316 and 322, Florida State Statutes, for any person who is under the influence of alcoholic beverages or a chemical or controlled substance as set forth in Chapter 877.111 or Chapter 893, Florida State Statutes, when affected to the extent that his/her normal faculties are impaired, to drive or be in actual physical control of a motor vehicle. B. All police officers shall make a concerted effort to detect and apprehend those drivers suspected of driving under the influence. C. Officers equipped with in-car and/or body-worn camera systems will use those systems as directed by EPP-57 and EPP-62 during the investigation of D.U.I. investigations. IV. THE PRESUMPTION OF IMPAIRMENT ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 2 of 33 The presumption of impairment (the point where a driver is presumed guilty of driving under the influence of alcoholic beverages) is based on the following level of alcohol concentrations in his/her blood: A. 0.000 -- 0.050 percent: With the possible exception of a commercial motor vehicle operator, it shall be presumed that a driver testing between 0.000 - 0.050 percent was not under the influence of alcoholic beverages to the extent his/her normal facilities were impaired. B. 0.05 percent or over, but less than 0.08 percent: A driver who “tests” in this range is not necessarily impaired. However, the results of the test may be used to supplement other evidence that the driver was under the influence (e.g. observation of his driving, the results of the roadside sobriety exercises, etc.). C. 0.08 - or more percent: This is prima facia evidence that the person was under the influence to the extent that his/her normal faculties were impaired. V. DETECTING THE SUSPECTED DRIVER A. An impaired driver may be detected in a variety of ways. Frequently, the officer may first suspect the driver is impaired upon the initial face-to-face meeting after stopping the vehicle for a non-related traffic violation. Probable cause to stop a vehicle may include: 1. The officer observes a violation of State or local traffic laws, or other violation which gives the officer probable cause to stop the vehicle for the purpose of taking enforcement action. 2. The vehicle and/or occupants are suspected of involvement in a non- related criminal act. VI. D.U.I. INVESTIGATION A. Once probable cause to stop a vehicle has been established, the officer shall conduct a traffic stop in accordance with the Enforcement Policy and Procedure “Traffic Stops”. The first task in D.U.I. investigation is observing the driver’s vehicle in operation or the driver in actual physical control (e.g. keys in the ignition and the driver in the front seat asleep, driver attempting to put the keys in the ignition but having difficulty, etc.). ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 3 of 33 B. Successful D.U.I. investigation requires three distinct but related abilities on behalf of the officer: 1. The ability to recognize probable cause to stop the vehicle: a. Improper/erratic driving; b. Rapid acceleration and deceleration; c. Unable to maintain lane of travel; d. Following another vehicle too closely; e. Drifting in and out of the lane of travel; f. Slow response to traffic signals; g. Headlights off while driving at night; h. Signals inconsistent with action; i. Reactions to the officer’s signal to stop: 1. Attempt to flee; 2. No response; 3. Slow response; 4. Abrupt swerve; 5. Sudden stop; 6. Striking object while stopping. 2. The ability to describe evidence clearly and convincingly: It is not enough that an officer simply observe and recognize symptoms of impaired driving. An officer must be able to describe what happened so that others (lawyers, jury, etc.) will have a clear mental picture of what took place: ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 4 of 33 a. Observation of the vehicle (once stopped): 1. Open containers of alcoholic beverages in plain view; 2. Drugs or drug paraphernalia in plain view; 3. Odors of alcoholic beverages or marijuana; 4. Evidence of non-prescription drugs. b. Observation of the driver (once stopped): 1. Driver cannot easily open his/her car door; 2. Leaves vehicle in gear; 3. “Climbs” out of the vehicle; 4. Leans against vehicle for balance; 5. Unsteadiness on feet; 6. Odor of alcoholic beverages on breath or clothes; 7. Eyes (bloodshot and/ or glassy); 8. Speaking ability (slurred, thick-tongued, etc.); 9. Inability to retrieve driver’s license and/or other requested documents; 10. Abusive language; 11. Rambling statements (response to questions inconsistent with question); 12. Condition of clothing (disheveled and/or soiled). c. Once a vehicle has been stopped, the officer shall approach it with caution. The officer will be alert to signs of intoxication due to alcohol and/or drug use. This investigative process is continuous as long as the officer is in contact with the offender. The following procedures shall apply, when applicable. ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 5 of 33 1. Upon the initial approach to the vehicle, the officer should look into the vehicle’s interior for such plain-view evidence as open containers of alcoholic beverages or narcotics residue or paraphernalia. 2. The officer should request the driver’s license, vehicle registration and insurance card. The officer shall be alert for the odor of alcoholic beverages and shall note any physical characteristics indicating alcohol and/or drug use. 3. If the driver is suspected of being intoxicated, he/she will be asked to exit the vehicle. The officer will note the driver’s balance, demeanor, speech and general appearance. 4. The officer will advise the driver of the specific reason for the traffic stop (e.g. speeding, improper lane change, etc.). At this point, the officer may proceed with processing the traffic infraction while continuing to observe the driver for signs of impairment due to intoxication. 5. Upon a reasonable suspicion that the driver may be impaired due to alcohol and/or drugs, the officer will advise the driver that he/she is suspected of driving under the influence. 6. If the DUI investigation is the result of a traffic crash, the officer must advise the driver of the Miranda Warnings prior to any questioning that could be self-incriminating. 7. If the driver agrees to perform the roadside exercises, the officer shall carefully observe the driver’s performance on the exercises and accurately record the results. 8. When sufficient probable cause to arrest has been established, the officer may arrest the offender. The officer shall retain his/her discretionary privilege to arrange for some other disposition in lieu of arrest in questionable cases. 9. If the driver refuses to perform the roadside exercises, the officer must advise the driver that his/ her refusal to ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 6 of 33 submit to the exercises will be used against them in court. If the driver still refuses to perform the exercises, the officer must decide whether other observations give him/her probable cause to arrest the driver. d. Roadside Field Sobriety Exercises: 1. Roadside exercises are the best evidence of impaired driving. 2. In a DUI investigation resulting from a crash, questions that could be used against the driver in court must be avoided until after the Miranda Warnings are given. However, it is appropriate to ask such questions as: a. “Are you injured?” b. “Do you have a bad leg?” 3. Roadside exercises are administered outside of the vehicle, preferably on a paved and level surface where the driver will be safe from on-coming traffic and where he/she will not be blinded by the lights of other vehicles. 4. The officer will demonstrate (without placing him/herself in danger) each exercise to the driver before asking him/her to perform them. 5. It is imperative that the officer accurately record the driver’s performance of each exercise. 6. Spontaneous declarations/admissions can be used in court against the driver and should be written down by the officer. Said statements may include: a. “I’m too drunk to do this”. b. “I’m alright. I stopped drinking an hour ago”. c. “I couldn’t even do this if I was sober”. 7. It is appropriate for the officer to ask the driver about his/her education level, and if he/she speaks English well enough to respond to the officer’s instructions. The ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 7 of 33 driver’s response could greatly effect how he/she is able to perform the exercise. NOTE: The officer will abort any exercise where the driver seems likely to fall and injure him/herself. The officer will record this in their notes. 8. Horizontal gaze Nystagmus: a. Instruct the driver to stand with his/her feet together and arms down to their sides b. Tell driver to keep head still and follow the object (pen, finger, etc) with eyes only and not to turn their head. c. Check eyes for equal tracking, equal pupil size, and resting nystagmus. Check for lack of smooth pursuit in each eye. Check each eye a minimum of two times. d. Check for distinct and sustained nystagmus at maximum deviation. Check each eye a minimum of two times. e. Check for onset of nystagmus prior to 45 degrees. Check each eye for a minimum of two times. f. Check for vertical nystagmus in each eye. g. “Indicators” to look for include: 1. Lack of smooth pursuit; 2. Distinct and sustained nystagmus at maximum deviation; 3. Onset of nystagmus prior to 45 degrees; 4. Inability to follow directions (turns head, stops following stimulus). ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 8 of 33 9. Walk and Turn Exercise: a. If the driver is wearing high heels, boots or other types of shoes that may interfere with this exercise, the officer may ask the driver if he/she would be more comfortable without them on. If the driver requests to remove his/her footwear, the officer will allow them to do so. b. The officer should ask the driver if he/she is suffering from or has a bad leg, ankle, etc. or is using a prosthetic device. c. The driver will need to take nine steps in the same direction, maintaining heel to toe contact, and counting each step out loud before turning and walking back in the opposite direction. d. In addition to the results of the exercise, the officer will indicate in his/her records if the exercise was given on a flat/level surface and whether a real or imaginary line was used. e. “Indicators” to look for include: 1. The driver can’t balance during instructions; 2. Starts too soon; 3. Stops (pauses) while walking; 4. Misses heel-to-toe contact by more than ½”; 5. Uses arms for balance; 6. Steps off of the line; 7. Improper Turn. 8. Incorrect number of steps ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 9 of 33 10. Finger to Nose Exercise: a. The exercise should be conducted on a level surface with the driver standing up straight, his/her head titled slightly back with eyes closed and arms down at their side while making a fist with the index fingers pointed down to the ground. b. “Indicators” to look for include: 1. Fails to return arm to side; 2. Inability to keep eyes closed; 3. Used wrong hand; 4. Unable to make finger to nose contact. 11. One Leg Stand: a. The exercise should be conducted on a level surface, if possible. b. Some individuals, especially if they are overweight, old or have physical disabilities may have natural difficulty in performing this exercise. c. “Indicators” to look for include: 1. The driver sways while balancing; 2. Put foot down; 3. Hopping; 4. Uses arms to balance. 12. Romberg Alphabet Exercise: a. The Alphabet Exercise requires the driver to recite all of the alphabet. ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 10 of 33 b. If the driver cannot recite the alphabet because of a lack of education, the officer should ask him/her to count backwards (from 100 to 75, for example). c. If the driver is able to recite the alphabet, the officer should not allow him/her to harmonize (sing, chant, etc.) it during the recitation. d. “Indicators” to look for include: 1. Inability to follow instructions; 2. Speech (mumbling/slurred, thick tongued); 3. Unable to perform the exercise correctly. VII. ARREST If the driver is arrested, the following procedures shall apply: A. In all cases the offender will be arrested and physically restrained in accordance with the Enforcement Policy and Procedure “Arrest and Detention.” B. The officer shall notify the Telecommunications Section of the arrest. C. Once a driver is arrested, the safekeeping of his/her vehicle becomes the responsibility of the arresting officer. If a driver is arrested on a D.U.I. violation it will be assumed by the officer that the driver is not capable of understanding the nature of the Vehicle Loss or Damage Release Affidavit and the driver’s vehicle will be towed for safekeeping. An exception may be made if: 1. The registered owner or a family member who is a lawful driver can respond to the scene within twenty minutes to take custody of the vehicle; or, 2. The arrest is made while the vehicle is parked on the driver’s property. D. The offender shall be transported to the correctional facility for processing. E. The officer shall complete a request for test affidavit which can be found in the breath testing room at the correctional facility. ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 11 of 33 F. Breath testing shall be conducted only by a certified lntoxilyzer operator. The intoxilyzer operator will read implied consent to the driver if necessary. G. If the offender requests the opportunity to contact an attorney prior to taking a breath test, they will be advised that they will be allowed to speak to an attorney after they decide on their own whether or not to take the breath test. The offender’s right to an attorney does not extend to taking a breath, blood, or urine test. H. The arresting officer shall be responsible for all citations, arrest reports, tow sheets, and other documentation relating to the arrest. I. The breath (Intoxilyzer) test shall be the normal test requested of a D.U.I. offender. If the officer suspects intoxication due to drugs or other controlled substances, he/she shall arrange for a urine test to be administered by correctional facility personnel. J. If for any reason the offender is incapable of giving a sufficient breath sample, the officer may request a urine sample. K. If the driver is injured or becomes ill, unconscious, or otherwise incapacitated during the arrest or while being transported to the correctional facility, he/she shall be taken to a hospital emergency room for treatment by the arresting officer or by emergency medical personnel. If incapacitation occurs prior to the taking of a breath sample, a blood sample should be taken by trained personnel at the medical facility. VIII. THE D.U.I. NARRATIVE (GENERAL) A. The following information should be included in all D.U.I. arrest reports by the arresting officer: 1. The officer’s establishment of probable cause for stopping the vehicle and arresting the driver. 2. Observation of the vehicle; 3. Initial contact with the driver; 4. Indicators of impairment observed during each of the roadside exercises; 5. The officer’s opinion that the driver is impaired to the extent that his/her normal faculties are impaired. ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 12 of 33 B. The reading of the Implied Consent Warning; C. The results of the breath test and interview. IX. BREATH TESTING: A. Breath Testing: 1. The driver will be observed for twenty minutes prior to taking the breath test; 2. When giving the breath test, the officer or other person administering said test shall follow established guidelines in accordance with training. B. Refusals to Testing: If a driver refuses to submit to a test of his breath (or blood or urine) the officer will read Implied Consent and if the subject still refuses the officer will: 1. Fill out the DUI citation, check off the block near the bottom relating to the refusal, and tell the driver that their license is now suspended. 2. Under law, the driver must submit to the test readily available to the police department. This is a test of the breath using the Intoxilyzer. a. The driver has no choice in this. If they demand a urine or blood test and refuse to take the offered breath test, the officer will consider this a "refusal.” b. The driver may demand a separate test at their own expense. If they make such a demand: 1. The driver must first submit to the police department’s breath test and, if they refuse, officers will record it as a refusal. 2. If the driver refuses the police department’s test, the officer does not have to assist them in obtaining a test of their own. 3. If the driver submits to the police department’s test, officers must render reasonable assistance to the driver for a test at the driver’s own expense. ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 13 of 33 X. ACTUAL PHYSICAL CONTROL AND THE NON-DRIVER A. A driver can be arrested for D.U.I. even though he/she is not actually operating a vehicle on a roadway. B. An officer should consider: 1. If there is reason to believe the driver may be impaired; 2. The location of the driver within the vehicle; 3. If the keys are in the ignition (even if the keys are not in the ignition, the driver may still be in actual physical control); 4. If the vehicle’s engine is running (even if the vehicle is not running, the driver may still be in actual physical control); 5. If the vehicle is still in gear; 6. If open alcoholic beverage containers are present; 7. If there is an odor of alcoholic beverages present; 8. The location of the vehicle (in the driver’s driveway?). C. The procedures for administering roadside exercises and breath testing are the same as if the vehicle had been stopped while it was being driven. D. The officer should consider: 1. If there is probable cause to approach the vehicle. 2. If there is probable cause to make an arrest for driving under the influence. XI. CASE PACKAGE DISTRIBUTION At least three case packages are prepared for each DUI arrest: A. Clerk of the Court Package, which is left at the correctional facility. B. State Attorney's Office Package, which is submitted to a supervisor for review before forwarding. ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 14 of 33 C. Bureau of Driver Improvement Package: 1. BDI gets no case package if the case involves: a. A DUI drug arrest, b. In cases where the driver's BAC is below 0.08 percent, and c. In cases where a blood or urine test is used. 2. The BDI package is submitted to the Breath Test Technician at the correctional facility, who will then forward it to the Bureau of Driver Improvement. D. Correctional facility personnel may request that additional copies of the Arrest Report be left at the facility by the arresting officer. XII. D.U.I. DOCUMENTATION A. This chapter describes reports and other documents necessary for officer case packages. However, and even though listed in this chapter, every document may not be required to prepare all case packages and some forms may not be used at all (for example, a Tow Sheet Form would not be used if the driver’s vehicle was not towed). B. The Property and Evidence Form will be used to record the submission of evidence to the Property Control / Evidence Section. A Laboratory Analysis Request Form will be used if blood or urine samples are being submitted to the laboratory for analysis. C. Photographs and fingerprints will be taken of every arrestee by the Correctional Facility. D. List of Documentation: 1. State Attorney’s (Transmittal - Cover) Sheet(s); 2. Arrest Report Form; 3. Narrative Continuation Form(s); 4. Persons Report (Witness) Form(s); 5. Witness Statement(s); ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 15 of 33 6. D.U.I. Uniform Traffic Citation; 7. “Standard” Uniform Traffic Citation(s); 8. Alcohol Influence Report; 9. Video Test Format; 10. lntoxilyzer Operational Checklist; 11. Intoxilyzer Results Card (Print-Out); 12. Affidavit of Refusal to Submit to Breath, Urine, or Blood Test; 13. Breath Test Results Affidavit; 14. Miranda Card (if Miranda was provided); 15. Tow Sheet Form; 16. Vehicle Impoundment Form; 17. Certificate Of Blood Withdrawal; 18. Property and Evidence Form; 19. Laboratory Analysis Request Form; 20. Driver’s License; E. Documents Required for Case Packages: 1. Clerk of the Court Package: a. Arrest Report Form (page one - original); b. D.U.I. Uniform Traffic Citation (both white copies, if issued); c. “Standard” Uniform Traffic Citation(s) (both white copies from each citation issued). 2. State Attorney’s Office Package: a. Transmittal Sheet(s) (two cover sheets per package); ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 16 of 33 b. Witness Statement(s) (photocopies); c. Arrest Report (photocopy); d. Narrative Continuation Form(s) (photocopy); e. Persons Report (Witness) Form(s) (photocopy); f. DUI Uniform Traffic Citation (photocopy); g. “Standard" Uniform Traffic Citation(s) (photocopy); h. Alcohol Influence Report (photocopy); i. Video Test Format (photocopy); j. Intoxilyzer Operational Checklist (photocopy); k. Intoxilyzer Results Card (print out) (photocopy); l. Affidavit of Refusal to Submit to Breath, Urine, or Blood Test (photocopy); m. Breath Test Results Affidavit (photocopy); n. Miranda Card, if Miranda was provided (photocopy of both sides); o. Vehicle Impoundment Form (photocopy); p. Certificate of Blood Withdrawal (photocopy); q. Property and Evidence Form (photocopy). 3. Bureau of Driver Improvement Package: a. BDI Cover Sheet; b. Arrest Report Form (photocopy with an original signature notarized or affirmed); c. Narrative Continuation(s) (photocopy with an original signature notarized or affirmed); ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 17 of 33 d. Persons Report (Witness) Form(s) (photocopy); e. Witness Statement(s) (photocopy); f. DUI Uniform Traffic Citation (blue copy); g. "Standard" Uniform Traffic Citation(s) issued (photocopy of each one issued); h. Alcohol Influence Report (photocopy); i. Video Test Format (photocopy); j. Intoxilyzer Operational Checklist (photocopy); k. Intoxilyzer Results Card (print out) (photocopy); l. Affidavit of Refusal to Submit to Breath, Urine, or Blood Test (original); m. Breath Test Results Affidavit (original); n. Miranda Card (photocopy of both sides), if Miranda was provided; o. Certificate of Blood Withdrawal Reverse side of refusal affidavit) (photocopy); p. Property and Evidence Tag Form (photocopy); q. Driver's License, if surrendered (original). F. Information that must be provided to the driver: 1. DUI Uniform Traffic Citation (yellow copy); 2. "Standard" Uniform Traffic Citation(s) issued (yellow copy of each citation issued); 3. Tow Sheet Form (driver’s copy). ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 18 of 33 XIII. THE D.U.I. UNIFORM TRAFFIC CITATION A. A D.U.I. Uniform Traffic Citation booklet can be obtained through the Longwood Police Traffic Division Sergeant. B. The D.U.I. citation is to be used only in the following circumstances: 1. When controlled substances or other drugs are not involved; 2. When the driver’s breath is to be tested (the citation is not used if a blood or urine test is to be administered); 3. If the driver’s blood alcohol level is 0.08 percent or higher; and/or, 4. When the driver refuses to submit to a breath, blood or urine test. C. If the driver “tests” at below 0.08 percent, a “standard” Uniform Traffic Citation is used to cite him/her for F.S.S. 316.193 and not a D.U.I. Uniform Traffic Citation. D. Since the driver’s copy of the D.U.I. citation serves as a temporary thirty day permit, the officer will need to perform a computer records inquiry of the driver’s license through the Telecommunications Section. Said inquiry will indicate if the driver is eligible for the temporary permit. E. The D.U.I. Uniform Traffic Citation will be completed as follows: 1. Upper Section: The upper section of the citation that includes standard information in regard to the driver will be completed as much as possible by the officer; 2. D.L. Restriction: Enter the restriction code as it appears on the violators driver’s license; 3. Hazardous Material: This block will be checked if the driver is operating a vehicle placarded to haul hazardous material; 4. Blood Alcohol Level: This block is used to record the results (B.A.C. percentage) of both Intoxilyzer tests. The officer will record the results of both tests in this block; ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 19 of 33 5. Other Violations/Comments: This section is used by the officer to record other violations; 6. State Statute: The officer will check this block and write in the complete statute number with the statute’s appropriate sub-sections and/or sub-paragraph numbers; 7. Accident/Property Damage: Each block will be checked-off as applicable; 8. Court In formation: A court date will be generated by the correction facility booking clerks. The driver will receive this date upon bonding out of jail. “TO BE SET” is acceptable on the citation because of this. 9. Arrest Delivered To: Print “John E. Polk Correctional Facility” or “JEPCF”, if this is the location where the violator was delivered; 10. Signature of Defendant: If the violator refuses or is unable to sign the citation, the officer will print “refused to sign” or “unable to sign”; 11. License Suspension Information: The officer will check-off either block A or B; 12. License Confiscation: The officer will check-off the appropriate block. If the license is not confiscated (e.g. the driver doesn’t have it in possession), the officer will print in the reason why it was not confiscated; 13. Eligible For Permit: The officer will check the appropriate block to indicate whether the violator is eligible for a thirty day temporary permit. A license inquiry by the officer is required in order to determine the driver’s eligibility to receive the permit; ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 20 of 33 14. Review Hearing Location: Print in the name of the city only. For all Police Department cases this will be: ORLANDO, FL NOTE: Even if the violator resides elsewhere, if the offense occurred in Seminole County the driver must request a hearing through the B.A.R.’s office at Orlando, Florida. XIV. DRIVING UNDER THE INFLUENCE (DRUGS) A. As used in this chapter, “Chemical substances” may include illegal substances and legal prescription and over-the-counter drugs. B. If a driver is arrested for driving under the influence and he/she has an lntoxilyzer test result below 0.08 percent and the officer suspects that the driver is under the influence of a chemical substance, the officer may demand that the driver submit to a urine test. C. The urine test will only be administered to a driver arrested by a Longwood Police officer at the John E. Polk Correctional Facility or a medical facility. D. Sterile specimen containers are stored in the Breath Testing room at the correctional facility. The sample will be collected in an isolated rest room where the privacy of the individual giving the sample will be assured. The collection of the sample will be observed by a same-sex law enforcement, correctional officer, or approved representative of the Seminole County Sheriff Officer (Field Service Officer – Breath Technician) E. If the violator submits to the test, the arresting officer will follow the procedures defined in the Enforcement Policy and Procedure “Evidence Collection”. If the driver refuses to submit to the urine test, the officer will handle this the same as a breath test refusal. F. A collected urine sample is evidence that requires secure, refrigerated storage: 1. The sample will be transported by the arresting officer to the Longwood Police Department; 2. The urine sample will be packaged and submitted according to Longwood Police Department E.P.P #11 regarding evidence collection. The evidence technician will maintain the sample in refrigerated secure storage. ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 21 of 33 3. A FDLE Toxicology DUI work form must be completed and submitted with the sample. G. If a driver is arrested for D.U.I./drugs an officer will: 1. Use a “standard” Uniform Traffic Citation and not a D.U.I. Uniform Traffic Citation; and, 2. The officer will not send a case package to the Bureau of Driver Improvement. H. Obtaining Blood Samples: 1. Blood may only be drawn at a hospital, clinic, or other medical facility. It may be withdrawn at another location if authorized in the warrant. 2. If the officer has probable cause to believe the person was driving or in actual physical control of a vehicle while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible a blood sample will be requested. If the subject refuses to provide a blood sample voluntarily then Implied Consent will be read. 3. Regardless of the language in Florida Statute 316.1933(l)(a), to obtain blood from a subject where the officer has probable cause to believe the person was driving or in actual physical control of a vehicle while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible and the subject refuses (subject is conscious), case law requires a warrant unless an exception to the warrant requirement exists – exigent circumstances. Currently, the case law does not allow a search warrant for blood in a misdemeanor DUI case. 4. If the officer has probable cause to believe the person was driving or in actual physical control of a vehicle while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the driver is unconscious a blood sample can be obtained, even in a misdemeanor DUI without a warrant if the officer has probable cause for impairment and facts support the officer’s decision that application for a warrant would interfere with the officer’s other pressing needs or duties. Mitchell v. Wisconsin. 139 S.Ct. 2525 (June 27, 2019). ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 22 of 33 XV. D.U.I. AND THE COMMERCIAL VEHICLE OPERATOR A. Florida State Traffic Statutes define a commercial motor vehicle as any motor vehicle or motor vehicle combination used on the streets or highways which: 1. Has a gross vehicle weight rating of 26,000 lbs. or more; 2. Has a declared weight of 26,000 lbs. or more; 3. Has an actual weight of 26,000 lbs. or more; 4. Is designed to transport more than fifteen persons, including the driver; 5. Is a school bus designed to transport more than ten persons including the driver; or, 6. Is transporting hazardous materials. B. There are two laws that generally govern the commercial operator who is driving under the influence: 1. 316.193, the “standard” D.U.I. statute that applies to all drivers; and, 2. 322.62(1 )+(2), that applies only to the operator of a commercial motor vehicle: a. 322.62(1) states: “A person who has any alcohol in his body may not drive or be in actual physical control of a commercial motor vehicle in this state. Any person who violates this section is guilty of a moving violation...” (a non-criminal infraction). b. 322.62(2) states: “... a person who violates this section shall be placed out-of-service immediately for a period of 24 hours”. C. If an officer stops a driver operating a commercial motor vehicle and has reason to believe he/she has been drinking or using a controlled substance, whether or not the officer feels the driver is impaired the officer has the authority to demand the driver submit to a breath, urine or blood test in order to determine if he/she is in violation of Chapter 322.62(1) or (2). NOTE: The officer will administer the test that is readily available at the correctional facility (breath test) or if the officer is certified, he/she may utilize a portable breath testing instrument. ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 23 of 33 D. If the driver agrees to take the test and his/her blood alcohol level is 0.001 - 0.04, he/she is in violation of Chapter 322.62(1) and he may be cited (with a “standard” traffic citation) for a non-criminal, moving violation. Besides issuing the citation, the officer will then verbally place the driver “out of service” (he/she cannot drive) for twenty-four hours. E. If the driver refuses to take the test and if an officer is not going to cite him/her under Chapter 316.193, the officer will: 1. Confiscate his/her driver’s license; 2. Complete a Affidavit of Refusal to Submit to Breath, Urine, or Blood Test Form; 3. Fill out and issue the driver a Notice of Commercial Driver’s License/Privilege Disqualification Form; 4. Place the driver “out-of-service”’ (he/she cannot drive) for twenty-four hours. F. Notice of Commercial Driver’s License/Privilege Disqualification Form: 1. Before issuing a disqualification to a driver, an officer will ensure that the driver understands: a. That the disqualification is being issued because he/she refused the test and, as a result, his/her driver’s license will be disqualified for a period of one year; b. That his/her license is being confiscated and sent to the Bureau of Driver Improvement; c. That even though he/she refused to submit to the test he/she is still being placed “out of service” for twenty-four hours and, if observed driving during that time, he/she is subject to arrest (under authority of Chapter 316.072(3); and, d. That he/she has the right to request a hearing. 2. Issuing the Disqualification Form: a. Follow the instructions on the form’s cover page. ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 24 of 33 b. If the officer makes a mistake in completing the form, the officer will destroy the entire form and use a new form. “Whiteout” or other correction fluids cannot be used. c. Fill out the entire form as completely as possible. d. The officer will perform a computer records check through the Telecommunications Center in order to determine if the driver is eligible for a temporary permit. e. If the driver refuses or is unable to sign, the officer will print “driver refused to sign” or “driver unable to sign” in the space reserved for the driver’s signature. NOTE: Since the disqualification form is not a citation, the driver cannot be arrested and charged with ‘‘Refusal to Sign Traffic Summons. f. The bottom half of the form is reserved for the officer’s comments. The officer will state the reasons why the disqualification was issued. g. The officer will print his/her name alongside their signature. 3. If the driver “tests” at 0.040 percent or higher, a D.U.I. investigation may be in order. In this situation, Chapter 322.62, Florida State Statutes, will not apply. 4. If the driver refuses to take the test, the officer must also complete an Affidavit of Refusal to Submit to Breath, Urine, or Blood Test Form, which is submitted with the totality of the documentation. 5. Distribution of the Disqualification Form Package: a. Bureau of Administrative Review Package: 1. B.A.R. cover sheet; 2. Disqualification form (white copy); 3. Affidavit of Refusal to Submit to Breath, Urine, or Blood Test Form (original copy); 4. Driver’s license, if surrendered; and, ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 25 of 33 5. “Standard” Uniform Traffic Citations issued (photocopy of each) b. Officer’s Package: 1. Disqualification form (pink copy); 2. Traffic citations issued (pink copies); 3. Affidavit of Refusal to Submit to Breath, Urine, or Blood Test Form (photocopy); 4. Drivers license, if surrendered (photocopy). c. Violator’s Package: 1. Disqualification form (yellow copy); and, 2. Traffic citations issued (yellow copies). XVI. CONCENTRATED ENFORCEMENT PROGRAM A. The Traffic Division is responsible for directing the Police Department’s D.U.I. and traffic enforcement Concentrated Enforcement Program. The objective of this program is: 1. To provide proactive patrols during peek hours, and at targeted locations; 2. To participate in joint traffic enforcement operations sponsored by the City-County-State-Traffic Unit (C.C.S.T.U.); 3. To provide training as needed to agency personnel in impaired driver detection skills; 4. To organize and operate sobriety checkpoints for the purpose of roadway interdiction. B. A sobriety checkpoint (or other large-scale traffic enforcement operation) is the main tool of the police department’s D.U.I. and traffic Concentrated Enforcement Program. 1. Normally, because a checkpoint requires a large number of personnel for successful operation, most checkpoints are conducted in conjunction with a joint City-County-State Traffic Bureau operation. ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 26 of 33 2. When the Police Department sponsors a checkpoint or other enforcement operation, or is requested to participate in a checkpoint or operation by another law enforcement agency, a written request will be forwarded to the chief of police for approval. Said request will list the number of officers, Correctional Officers and other personnel that will be required for the operation. 3. Upon approval by the chief of police, the traffic supervisor will furnish the appropriate department lieutenants with a list of personnel and equipment needs, including the time period for which they will be needed. C. Sobriety Checkpoints (Operational Objectives): 1. Sobriety checkpoints are intended to diminish the impaired driving problem by increasing the opportunity to deter, detect and apprehend the impaired driver. 2. Sobriety checkpoints are used to heighten public awareness to the dangers of driving while under the influence of drugs or alcohol, to attain maximum public awareness of the program, and to achieve voluntary compliance with the law. 3. Sobriety checkpoints may be conducted at times and in places where analysis has shown drug and/or alcohol use to be a cause of traffic crashes. 4. Sobriety checkpoints will be conducted in such a manner as to minimize traffic backups and inconvenience to motorists. 5. The selection of each sobriety checkpoint will be made by the Traffic Supervisor. The criteria used to determine each site will be recorded and maintained by the coordinator. D. Checkpoint Site Selection: 1. Several factors should be used to identify and determine locations where a sobriety checkpoint will be conducted. These factors include statistical and other relevant information obtained from: a. D.U.I. crash statistics; b. D.U.I. arrest statistics; ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 27 of 33 c. Alcohol and drug related experiences; d. Community interest; e. Prior checkpoint locations; and, f. Community visibility. 2. Additional factors that should be considered in choosing a sobriety checkpoint location are: a. The hour of the day and the day of the week in order to ensure desired results; b. The amount of traffic along the proposed checkpoint to ensure high visibility levels; c. The justification of time (personnel hours) and equipment to ensure that they are used properly and efficiently; d. The safety of citizens and law enforcement personnel at the site location; e. The layout and logistics of the site location, in order to minimize inconvenience to motorists; f. Adequate road space and parking areas to allow for the movement of vehicles on and off of the traveled portion of the roadway; and g. The amount of natural or artificial light at the checkpoint, to ensure that the location will be highly visible and provide adequate lighting. E. Checkpoint Plan: 1. The traffic supervisor will submit a written request to the chief of police requesting authorization to conduct a sobriety checkpoint. Checkpoint requests are subject to judicial discovery motions and shall be as exact and as correct as possible. 2. The request should include all pertinent data to support the checkpoint authorization. Pertinent data includes: ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 28 of 33 a. D.U.I. statistical information or other relevant sources of information; b. Justification of the checkpoint location; c. The date and time of the checkpoint; d. A diagram, which depicts the checkpoint site, the location of all equipment, and post assignments; e. The frequency of traffic stops, which are flexible based upon traffic congestion. This may include stopping every motorist, every third motorist, every sixth motorist, etc. Random traffic stops will not be conducted. f. The radio frequency to be used; g. A checkpoint agenda indicating the operational timetable, personnel strengths and needs, and the equipment needed; h. A contingency plan may be developed in case of inclement weather or other circumstances that could affect the operation of the checkpoint. Said plan may include the abandonment of the checkpoint in favor of a mobile operation. Impromptu contingency plans for sobriety checkpoints are not permitted; and i. Necessary authorization from the chief of police. 3. An after-action report shall be submitted by the traffic supervisor to the chief of police. This report shall be submitted no later than forty-eight hours after the checkpoint has ended and will include: a. An actual or approximate number of vehicles passed through the checkpoint; b. The average delay (time) to motorists; c. The number of motorists detained for field sobriety testing; d. The number and type of arrest; e. The number and type of traffic citations issued; and ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 29 of 33 f. The identification of unusual incidents such as safety problems or other concerns. F. Checkpoint Operations: 1. Checkpoint officer’s responsibilities: a. Lead Officer: The supervisor in charge of the operation. The lead officer has the responsibility for: 1. The overall supervision of the checkpoint operation; 2. Briefing and debriefing all personnel at a predetermined location; 3. Providing each law enforcement officer with a copy of the authorizing order; 4. Informing personnel of: a. The checkpoint location (diagram); b. Officer positions; c. Pursuit policy; d. Equipment and warning sign positions; e. Legal considerations. 5. Establishing and, if necessary, altering the frequency of stopped vehicles to avoid undue traffic congestion; 6. Determining the time limits of the checkpoint; and, 7. Discontinuing the checkpoint for a length of time necessary to avoid traffic congestion or other circumstances warranting the discontinuance of the operation. ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 30 of 33 b. Approach Safety Officer: The Approach Safety Officer is responsible for: 1. Stationing a marked police vehicle along the approach to the checkpoint; 2. Observing approaching motorists and providing advance warning of any potentially hazardous activity; 3. Notifying other law enforcement officers of driving behavior when impairment is suspected; and, 4. Remaining in position as long as the checkpoint is in operation. c. Checkpoint Avoidance Officer: The Checkpoint Avoidance Officer is responsible for: 1. Watching for motorists who may attempt to avoid the checkpoint, and determining if driving patterns exhibit signs of impairment. It is not illegal for a motorist to avoid a sobriety checkpoint. A motorist who wishes to avoid the checkpoint by legally turning before entering the checkpoint area should be allowed to do so, unless a traffic violation is observed or probable cause exists to take other action; and, 2. With the permission of the lead officer, pursuing motorists who avoid a checkpoint when suspicious or erratic driving behavior is present. d. Data Collection Officer: The Data Collection Officer is responsible for maintaining records of the operation to include: 1. The number of vehicles passing through the checkpoint; 2. The number of motorists detained for field sobriety testing; 3. Documenting time delays to motorists; ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 31 of 33 4. The number and types of arrest; 5. The number of traffic citations issued; and, 6. Duration of the checkpoint. e. Lane Safety Officer: The Lane Safety Officer is responsible for: 1. Ensuring that warning signs, barricades, flares or other devices are in place and are operational; and, 2. Assisting the Data Collection Officer. f. Checkpoint Contact Officers: Checkpoint Contact Officers assigned to the checkpoint shall conduct the interviews with the drivers: 1. These officers should state to the driver: “I am Officer _______________ of the _________ Department. You have entered a sobriety checkpoint to identify impaired drivers” (or similar language); 2. Checkpoint Contact Officers will look for indicators and characteristics of an impaired driver. If the motorist shows no signs of impairment, the officer will thank the motorist for their cooperation. The driver will be immediately released; 3. If a driver is suspected of being impaired, the officer will: a. Request the driver to exit the vehicle; b. Escort the driver to the staging area; c. Have a support officer move the driver’s vehicle to the staging area; d. Advise the driver of the Miranda Warning; e. Conduct field sobriety (roadside) exercises; ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 32 of 33 f. Release or arrest following the conclusion of field sobriety exercises; and, g. If an arrest is made, complete all required reports and citations. 2. The traffic supervisor or supervisor from the department designing, implementing, and supervising a sobriety checkpoint shall notify the agency’s Public Information Officer of the operation two days prior to its occurrence. The P.l.O. shall be provided with sobriety checkpoint information that includes the: a. Date and time; b. Checkpoint location; and, c. Duration of the checkpoint activity. 3. The traffic supervisor will notify the Telecommunication Section of the checkpoint. The checkpoint information may include the same information as that provided to the Public Information Officer. 4. During the sobriety checkpoint operation, Longwood Police officers will wear their issued traffic safety vests. G. Equipment: 1. An equipment availability list for checkpoints includes: a. Flashlights; b. Portable radios; c. Prisoner transport vehicles (vans); d. All necessary reports and other required documentation; e. Traffic safety vests; f. Audio/video equipment; g. Portable lighting; h. Flares; ENFORCEMENT POLICY AND PROCEDURE D.U.I. COUNTERMEASURES PROGRAM EPP – 19 Page 33 of 33 i. Traffic signs (see below); j. Safety cones/barricades as needed; k. Breath or chemical testing systems. 2. Warning signs will be placed at the sobriety checkpoint location. At a minimum, the following four signs shall be used: a. “Sobriety Checkpoint Ahead”; b. “Merge”; c. “Reduce Speed Ahead”; and d. “Prepare To Stop”. 3. Warning signs should be near the vehicle operator’s eye level, reflective in design, and positioned according to the checkpoint’s layout. H. Safety Considerations: 1. Each sobriety checkpoint will be staffed by a sufficient number of uniformed law enforcement officers in order to maintain a safe and efficient operation. 2. It is imperative that unobstructed and clear communications occur between all personnel. Elimination of the radio “10” codes and signals in favor of using clear English is recommended for clarity and safety. 3. The checkpoint and subsequent traffic flow will be organized so as to minimize confusion, hazards, traffic congestion and inconveniences to other motorist.