Chapter 13: DUI Traffic Stops

Unit 1

DUI Basics

Lesson 1

Effects on Society and Deterrence

Drivers show impairment for many reasons, including:

- Alcohol or drugs
- Medical conditions
- Mental or physical disabilities

(True/False) Only the driver bears the cost of impaired driving

False

- EVERYONE bears the cost of impaired driving

The costs of impaired driving include:

- Property damage
- Financial burden
- Injury
- Death

Impaired drivers are most likely to take excessive _______, have slow _________, and not wear ________

- Risks
- Reaction times
- Seatbelts

An important part of providing public safety is keeping roadways safe by ____________, __________, and __________ impaired drivers

- Detecting
- Investigating
- Removing

Driving under the influence (DUI) is both a ________ and ___________ problem

- Societal
- Law enforcement

The public and law enforcement must work together to accomplish the goal of reducing the number of impaired drivers through __________ and __________

- Education
- Deterrence

Law enforcement not only enforces the DUI laws but also takes the time to educate the community through:

- Schools
- Civic groups
- Special events

Successful DUI deterrence includes:

- Increased enforcement activity
- Identifying the cues and clues of impairment

Legal penalties for a DUI conviction include:

- Fines
- Incarceration
- Suspension of driver's license

One of the primary tools you'll use during a DUI investigation are the _______________, which are 3 accurate and reliable tests to determine alcohol or drug impairment

Standardized Field Sobriety Tests (SFSTs)

Lesson 2

Alcohol and Drug Impairment

Alcohol is a central nervous system ____________

Depressant

(True/False) Alcohol is among the most commonly misused substances in the United States

True

Alcohol may cause the loss or impairment of:

- Fine motor skills
- Hand eye coordination
- Judgement

Often, an alcohol impaired person does not recognize their level of _____________

Alcohol impairment

The human body processes alcohol through the following physiological processes:

- Absorption
- Distribution
- Metabolism
- Elimination

___________ is the process by which alcohol enters the bloodstream

Absorption

______________ is the process by which the bloodstream carries alcohol to the body's tissues and organs

Distribution

__________ is the process by which the body breaks down alcohol for elimination

Metabolism

___________ is the process by which the body expels alcohol through exhaled breath, sweat, tears, saliva, and urine

Elimination

The degree to which alcohol affects a person depends on:

- How much alcohol they consume
- The length of time over which they consume it
- The individual physiology and physical size of the person
- Whether the person has eaten any food

Common mental and physical effects of alcohol may include the following:

- Slowed reactions and perception reaction time (PRT)
- Poor judgement
- Taking risks
- Poor coordination

To convict a person of driving under the influence of drugs, the drug must be a controlled substance as defines in chapter ____, F.S., or a chemical substance as indicated in __________, F.S.

- 893
- s. 877.111

Drugs that impair drivers fall into ____ major categories based on the observable signs and symptoms the drugs produce

7

The 7 major categories of drugs that impair drivers include

1 - CNS depressants (alcohol, antidepressants, barbiturates)
2 - CNS stimulants (amphetamines, cocaine)
3 - Hallucinogens (ecstacy, LSD, psilocybin)
4 - Dissociative anesthetics (PCP and ketamine)
5 - Narcotic analgesics (heroin, morphine, opium)
6 - Inhalants (aerosols, paint thinner)
7 - Cannabis (marijuana) and medical marijuana

CNS= Central nervous system

You may encounter drivers who are impaired by ______________, which is using drugs from 2 or more drug categories at the same time

Polydrug use

Examples of polydrug use include:

- Drinking alcohol while smoking marijuana or taking pain medication
- Sprinkling PCP on marijuana joints
- Combining heroin with cocaine

Section ____________, F.S., permits the medical use of marijuana by qualified patients with specific medical conditions

381.986

A qualified patient, or a qualified patient's caregiver, must be in immediate possession of a ______________________ identification card when in possession of marijuana or a marijuana delivery device

Medical Marijuana Use Registry (MMUR)

(True/False) During a traffic stop, if a person with a MMUR ID card has medical marijuana, they must provide the card upon request

True

A MMUR ID card does not exempt the person from criminal offense or prosecution related to ___________ resulting from the medical use of marijuana

Impairment

(True/False) Possession of a MMUR ID card relieves a person from any requirement under law to submit to a urine or blood test or other test to detect the presence of a controlled or chemical substance

False

- Possession of a MMUR ID card DOES NOT relieve a person from any requirement under law to submit to a urine or blood test or other test to detect the presence of a controlled or chemical substance

A driver may tell you that they are taking medications, or their driver's license may show that they are required to wear a _________________

Medical alert bracelet

If the effects of a prescribed medication impair the drivers ability to drive, treat them ______________ you would treat someone who is impaired by illegal drugs or alcohol

The same way

To determine if a medical problem might cause a driver's impairment, check whether they have a _____________, _____________, or if it is indicated on their ____________

- Medical alert card
- Bracelet
- Driver's license

Some medical conditions that may produce abnormal behavior include:

- Epilepsy
- Diabetes
- Head injuries
- Cognitive problems (Alzheimer's or dementia)

High or low blood sugar may cause a _____________ to drive erratically. Their breath could smell like __________, or they could seem disoriented or impaired

- Diabetic person
- Alcohol

If you suspect a medical condition is causing impairment, _________. If you do not think the driver is having medical issues and there are signs of drug or alcohol impairment, __________________

- Call EMS
- Continue with the DUI investigation

Lesson 3

Legal Issues

To successfully enforce DUI traffic law, you should:

- Be familiar with Florida's DUI laws
- Stay up to date on case law
- Know relevant terms

Under s. 316.1934, F.S., a person is ____________________ if they are driving or in actual physical control of a vehicle while impaired by alcohol or certain chemical or controlled substances to the extent that the person's normal faculties are impaired

Driving under the influence (DUI)

____________ include a person's ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and normally perform the mental and physical acts of daily life

Normal faculties

Drivers who are deaf or hard of hearing, or with developmental disabilities, may have a ______________ on the front and back of their driver's license

Designator

Use your ____________ and _____________ to make the distinction between a disabled driver or a person who is driving under the influence

- Training
- Sound judgment

A person is in ___________________ of a vehicle if the person is physically in or on the vehicle and has the capability to operate the vehicle, regardless of whether the person is actually operating the vehicle at the time

Actual physical control

(True/False) You can arrest a person for DUI on any road on public or private property within the state of Florida

True

You can also arrest a person for DUI even if the person is driving a vehicle other than a ________________

Motor vehicle

Section 316.193 F.S., states that a person commits the offense of DUI if the person is driving or in actual physical control of a vehicle, and the following applies:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth is s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath

If the driver's blood-alcohol or breath-alcohol level was ______ or higher, a jury is to presume that the driver was under the influence of alcohol to the extent that their ____________ were impaired

- 0.08
- Normal faculties

Section 316.1934, F.S., states that evidence of a blood- or breath-alcohol level greater than _____ but less than _____ does not necessarily mean that the driver was under the influence of alcohol to the extent that their normal faculties were impaired

- 0.05
- 0.08

Sometimes a DUI investigation results from a _______________ rather than a traffic stop

Crash investigation

(True/False) A DUI investigation must be completed before you begin the crash investigation

False

- A crash investigation must be completed before you begin your DUI investigation

Questions you asked during the crash investigation that support criminal charges, you must ask again after you've read the driver _______________, allowing you to use the new answers as evidence in the criminal investigation

Their Miranda rights

(True/False) You are required to give a Miranda warning during a traffic stop when you temporarily detain a motorist to ask a few brief questions and issue a citation

False

- You ARE NOT required to give a Miranda warning during a traffic stop when you temporarily detain a motorist to ask a few brief questions and issue a citation

The decision made in Berkemer v. McCarty, the U.S. Supreme Court ruled the following:

- A Miranda warning applies to interrogations involving minor traffic offenses
- Routine questioning of a driver during a traffic stop is not an interrogation

(True/False) Miranda warnings are not required before you administer SFTSs

True

When determining whether to advise of Miranda warnings during a DUI investigation, follow _________________

Agency policies and procedures

Anyone who accepts the privilege of driving a motor vehicle in Florida consents to submit to _________ for drug or alcohol impairment

Testing

Section 316.1932, F.S., states that under _____________, if an officer lawfully arrests a driver for driving or being in actual physical control of a motor vehicle while under the influence, the driver must submit to a breath, urine or blood test to determine the alcohol content or the presence of a chemical or controlled substance in their breath, urine or blood

Implied consent

Implied consent should not stop the officer from ______________ to the driver. If it is not a _______________, the driver is not subject to implied consent

- Explaining their actions
- Motor vehicle

When a driver refuses to submit to a breath, urine or blood test, the LEO, CO, or certified breath test operator reads or provides the ______________. After you read it, _________________

- Implied consent warning
- Ask the driver again if they will submit to the test

If a driver refuses to submit to a breath, urine, or blood test after the implied consent warning, complete a _______________ along with a ___________

- Refusal affidavit
- DUI citation

Sign and forward a refusal affidavit to the ______________________ as part of a DUI arrest report

Department of Highway Safety and Motor Vehicles (DHSMV)

(True/False) You must read the implied consent warning for each test you request that is refused

True

After refusal of a breath, urine or blood test, conduct an FCIC/NCIC, DAVID, or criminal history database search to see if a driver has had a previous ________________. Issue the DUI citation and the UTC for the ___________ to submit to testing

- Citation for refusal
- Second refusal

A person who has any alcohol in their body may not drive or be in actual physical control of a ________________ in the state of Florida

Commercial motor vehicle (CMV)

If you arrest a driver for DUI while operating or in actual physical control of a motor vehicle or a CMW, the driver may lose their CDL for __________, subject to an ________________. This penalty applies if the driver refuses to submit to a breath, urine or blood test to determine ______________ or if the driver is driving a CMV with an alcohol concentration of _____________, even is the decision to arrest if not made

- 1 year
- Administrative hearing
- Alcohol concentration
- 0.04 or higher

It is unlawful for a person younger than 21, who has a blood alcohol level or breath alcohol level of __________, to drive or be in actual physical control of a motor vehicle

0.02 or higher

Section __________, F.S., outlines instructions for conducting a traffic stop involving a driver younger than 21

322.2616

When conducting a DUI investigation on a person younger than 21, if the subject is not arrested for DUI, proceed with the ____________, based on the ______________

- 0.02 investigation
- Odor of alcohol on their breath

When conducting a DUI investigation on a person younger than 21, request the driver to submit to a breath test, using an _____________. A violation of this section is not a __________ or a __________, and being detained on this violation does not constitute an ____________. The driver is subject to administrative action by ___________, which may suspend driving privileges by issuing a _____________ to the driver at the time of the offense

- Approved testing device
- Traffic infraction
- Criminal offense
- Arrest
- DHSMV
- Notice of suspension

When conducting a DUI investigation on a person younger than 21, if the driver refuses to submit to a breath test, read the ____________ for an 0.02 violation. If they still refuse, issue a __________________ for the 0.02 violation

- Implied consent
- Notice of license suspension

When conducting a DUI investigation on a person younger than 21, follow ____________ to deal with the vehicle and driver

Agency policy and procedures

Lesson 4

DUI Field Notes

You will need to recognize, gather, and document facts and circumstances that establish _______________ to stop and investigate a driver suspected of impaired driving

Reasonable suspicion

The evidence you observe and document is largely ________ in nature and extremely __________

- Sensory (sight, smell, hearing)
- Short lived

Your DUI field notes will document your observations of ____________ at the time the incident occurred and will provide the information necessary to establish the ___________ and __________ of the DUI offense. Courts may __________ your field notes as evidence. Your field notes help you to complete the ___________ forms and support successful ____________ of the driver

- Impairment
- Evidence
- Elements
- Subpoena
- DUI report
- Prosecution

Develop your own __________ or _________ note taking system to improve the effectiveness of handwritten DUI field notes

- Short hand
- Structured

When taking DUI field notes, use clear and descriptive language that creates a ____________ of the facts, circumstances, and events

Mental picture

Whenever possible, complete DUI field notes ________ you leave the _____________

- Before
- Site of the arrest

During the DUI investigation, accurately note the following:

- Descriptions of the vehicle in motion, including observations of the vehicle and the vehicle stop
- Descriptions of the vehicle, the location, weather, terrain, the date and time the incident occurred
- Personal contact with the driver, including observations of the driver's manner of speech, attitude, admissions, and clothing
- Any evidence at the scene or specific to the incident
- The results of the investigation

Unit 2

Conducting the DUI Investigation

Lesson 1

DUI Detection Process

Before you decide whether or not to arrest a driver for a DUI offense, you must identify and gather evidence using the ______________

DUI detection process

The DUI detection process begins when you _____________ that a driver may be impaired and ends when you determine there is or is not sufficient _____________ to arrest the person for a DUI offense

- First suspect
- Probable cause

The DUI investigation process involves 3 phases of detection:

Phase one: Vehicle in motion
Phase two: Personal contact
Phase three: Pre-arrest screening

Phase one of a DUI investigation:

Vehicle in motion - Observing the way the driver operates and stops the vehicle

Phase two of a DUI investigation:

Personal contact - Observing and speaking with the driver face to face

Phase three of a DUI investigation:

Pre-arrest screening - Administering the SFSTs to the driver to determine if there is PC to arrest for DUI

(True/False) The DUI detection process always includes all 3 phases

False

- The DUI detection process does not always include all 3 phases.

During the DUI detection process, sometimes the officer does not have the opportunity to watch the driver operating the vehicle. Examples include:

- The driver is passed out behind the wheel of a vehicle that is not in motion
- At the scene of a traffic crash
- A request for motorist assistance

Sometimes you are unable to perform the SFSTs on the driver, for example when the driver:

- Is physically unable to perform the SFSTs
- Has been transported to the hospital
- Refuses to submit to the SFSTs

At the conclusion of each phase of the DUI detection process, you will need to decide whether to ________________

Continue to the next phase

Officers who are successful in the DUI detection process:

- Know what to look, listen, and smell for
- Apply their knowledge and skills whenever they come into contact with someone who may be under the influence of drugs or alcohol
- Have the skills to ask the right kinds of questions
- Properly administer SFSTs
- Properly document all phases of the DUI detection process

Lesson 2

Phase 1 - Vehicle in Motion

Phase 1 of the DUI detection process begins when you ______________

Observe the vehicle in motion

During phase 1 of the DUI detection process, you have 3 choices:

- Stop the vehicle for further investigation
- Continue to observe the vehicle
- Take no action