DUI Basics: Effects on Society and Deterrence
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Questions and Answers

What occurs once the crash investigation is complete?

  • A DUI investigation is initiated and Miranda warnings are issued. (correct)
  • Witness statements are taken and evidence is destroyed.
  • The driver is immediately arrested for DUI.
  • The crash investigation report is submitted to the agency.

    • What is used to determine if a driver was able to drive a vehicle safely?

  • Witness statements
  • Miranda warnings
  • SFSTs (correct)
  • Breath, urine, or blood tests

    • When can a driver be arrested for a DUI charge during a traffic crash investigation?

  • If probable cause exists based on physical evidence (correct)
  • After the crash investigation is complete
  • After the driver passes the SFSTs
  • Immediately after the crash occurs

    • What should be considered when deciding whether to arrest a driver for DUI?

    <p>The totality of the DUI investigation</p> Signup and view all the answers

    What should an officer do if probable cause does not exist for a DUI arrest?

    <p>Do not arrest the driver</p> Signup and view all the answers

    What should an officer do if a driver is arrested for DUI, serious bodily injury, or death?

    <p>Request a voluntary blood test or obtain a warrant</p> Signup and view all the answers

    What guides an officer's decision to arrest a driver for DUI?

    <p>Agency policies and procedures</p> Signup and view all the answers

    What is important to remember when interacting with a driver during a DUI investigation?

    <p>To remain respectful and treat the driver with dignity</p> Signup and view all the answers

    What is the primary objective during the instructions stage of the walk-and-turn test?

    <p>To ensure the driver understands and can balance during instructions</p> Signup and view all the answers

    Which behavior indicates that the driver did not successfully maintain balance during the instructions stage?

    <p>The driver’s feet break apart during the instruction</p> Signup and view all the answers

    During the walking stage, what should the driver do on the ninth step?

    <p>Keep their front foot on the line before turning</p> Signup and view all the answers

    What is indicated if the driver starts walking before receiving the command?

    <p>The driver shows a lack of understanding of the instructions</p> Signup and view all the answers

    What should the driver do while walking according to the instructions?

    <p>Keep their arms at their sides and count their steps out loud</p> Signup and view all the answers

    What should be done if the driver sways but does not break the heel-to-toe position?

    <p>Ignore it unless it affects their walking</p> Signup and view all the answers

    How can the instructor ensure clarity when demonstrating the walking instructions?

    <p>By demonstrating from a safe position away from the driver</p> Signup and view all the answers

    What is a key component of the driver's behavior during the instructions stage?

    <p>They must maintain the heel-to-toe position while listening</p> Signup and view all the answers

    What is one of the main societal effects of impaired driving?

    <p>Higher rates of traffic fatalities</p> Signup and view all the answers

    Which of the following is NOT a cause of driver impairment?

    <p>Excessive vehicle maintenance</p> Signup and view all the answers

    What strategy is essential for preventing impaired driving?

    <p>Education and public awareness</p> Signup and view all the answers

    What is a common behavior of impaired drivers?

    <p>Higher likelihood of taking excessive risks</p> Signup and view all the answers

    What is a key component of successful DUI deterrence?

    <p>Increased enforcement activity</p> Signup and view all the answers

    Legal penalties for a DUI conviction can include which of the following?

    <p>Suspension of driver’s license</p> Signup and view all the answers

    What is an effect of impaired driving on public safety?

    <p>Increases the risk of accidents</p> Signup and view all the answers

    How do law enforcement agencies contribute to DUI prevention?

    <p>By enforcing DUI laws and educating the community</p> Signup and view all the answers

    What is the primary purpose of a DUI citation?

    <p>To initiate a driving suspension process.</p> Signup and view all the answers

    What should an officer do with a driver's license if they have a BAC of 0.08 or higher or refuse a breath, urine, or blood test?

    <p>Seize the license and attach it to the DUI citation.</p> Signup and view all the answers

    Within how many days should an officer forward a driver's license and a copy of the DUI citation to DHSMV for an administrative suspension hearing?

    <p>5 days</p> Signup and view all the answers

    When can a driver use a DUI citation as a temporary driver's license?

    <p>Only if the driver's license was valid at the time of the citation.</p> Signup and view all the answers

    What is the primary purpose of a comprehensive DUI arrest report?

    <p>To document the officer's observations and investigative actions.</p> Signup and view all the answers

    Why is it crucial to write a clear and comprehensive DUI arrest report?

    <p>To support testimony in court during a trial.</p> Signup and view all the answers

    What is the significance of the PBT test result in the scenario presented?

    <p>It is not a decisive factor in DUI enforcement.</p> Signup and view all the answers

    How does the DUI citation differ from a UTC?

    <p>A UTC is used for traffic violations only, while a DUI citation is for DUI offenses.</p> Signup and view all the answers

    In which scenario would you request a blood draw from a driver suspected of impaired driving?

    <p>The driver has been lawfully arrested and is at a medical facility.</p> Signup and view all the answers

    What is the primary role of a Drug Recognition Expert (DRE)?

    <p>To provide expert opinions on drug impairment in court.</p> Signup and view all the answers

    What is NOT a requirement for a valid blood draw for an impaired driver?

    <p>The driver must be under arrest and placed in custody.</p> Signup and view all the answers

    What is the significance of verifying the blood kit's expiration date?

    <p>All of the above.</p> Signup and view all the answers

    What is the purpose of documenting the reason for not administering a breath test?

    <p>All of the above.</p> Signup and view all the answers

    When is it appropriate to contact a Drug Recognition Expert (DRE)?

    <p>After a driver has been arrested for suspicion of drug-impaired driving.</p> Signup and view all the answers

    Which of these is NOT a crucial piece of information to include when labeling a blood kit?

    <p>The driver's date of birth.</p> Signup and view all the answers

    When can you request a blood draw from a driver suspected of impaired driving, without a warrant?

    <p>If the driver is under arrest and at a medical facility.</p> Signup and view all the answers

    What may be causing a driver's erratic behavior if they smell like alcohol, seem disoriented or impaired, and have high or low blood sugar levels?

    <p>Medical condition</p> Signup and view all the answers

    What is impaired in a person who is driving under the influence?

    <p>Their normal faculties</p> Signup and view all the answers

    What should an officer do if they suspect a medical condition is causing a driver's impairment?

    <p>Call EMS</p> Signup and view all the answers

    What is indicated by a driver's ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and perform the mental and physical acts of daily life?

    <p>Normal faculties</p> Signup and view all the answers

    What is a key factor in determining whether a driver is impaired?

    <p>Their ability to perform mental and physical acts of daily life</p> Signup and view all the answers

    Why should an officer be familiar with Florida's DUI laws and stay up to date on case law?

    <p>To successfully enforce DUI traffic law</p> Signup and view all the answers

    What is implied consent in the context of a DUI traffic stop?

    <p>A legal requirement to submit to testing for drug or alcohol impairment</p> Signup and view all the answers

    What is a consideration when interacting with a driver who has a designator on their driver's license?

    <p>They may be deaf or hard of hearing</p> Signup and view all the answers

    What should an officer use when making a distinction between a disabled driver and a person driving under the influence?

    <p>Their training and sound judgment</p> Signup and view all the answers

    When should an officer read the implied consent warning to a driver?

    <p>Before requesting a breath, urine, or blood test</p> Signup and view all the answers

    What should an officer do if a driver refuses to submit to a breath, urine, or blood test?

    <p>Issue a refusal affidavit and forward it to DHSMV</p> Signup and view all the answers

    What is the purpose of completing a refusal affidavit?

    <p>To provide evidence of the driver's refusal to submit to testing</p> Signup and view all the answers

    When can an officer request multiple tests under implied consent?

    <p>For each test refused by the driver</p> Signup and view all the answers

    What should an officer do if a driver has had a previous citation for refusal?

    <p>Issue a DUI citation and complete a refusal affidavit</p> Signup and view all the answers

    What is the purpose of conducting an FCIC/NCIC, DAVID, or criminal history database search?

    <p>To see if a driver has had a previous citation for refusal</p> Signup and view all the answers

    When should an officer issue a DUI citation and a uniform traffic citation (UTC) for a second refusal?

    <p>After the driver refuses to submit to a breath, urine, or blood test</p> Signup and view all the answers

    What is the primary objective of the DUI detection process?

    <p>To determine if the driver is impaired by alcohol or drugs.</p> Signup and view all the answers

    Which of the following is NOT a phase of the DUI detection process?

    <p>Field sobriety testing.</p> Signup and view all the answers

    In which scenario would the DUI detection process NOT involve all three phases?

    <p>A driver is found passed out behind the wheel of a parked vehicle.</p> Signup and view all the answers

    What is the purpose of administering the Standardized Field Sobriety Tests (SFSTs) during the DUI detection process?

    <p>To determine if the driver is impaired by drugs or alcohol.</p> Signup and view all the answers

    Which of the following is NOT a skill required for successful DUI detection?

    <p>The ability to conduct a roadside breathalyzer test.</p> Signup and view all the answers

    When might an officer decide to skip the pre-arrest screening phase of the DUI detection process?

    <p>When the driver is physically unable to perform the SFSTs.</p> Signup and view all the answers

    What should an officer do if the driver refuses to submit to the SFSTs?

    <p>Document the refusal in the report and consider other evidence of impairment.</p> Signup and view all the answers

    What is the importance of properly documenting all phases of the DUI detection process?

    <p>All of the above.</p> Signup and view all the answers

    What is the primary role of a Drug Recognition Expert (DRE)?

    <p>To investigate and determine the specific type of drug impairment affecting a driver.</p> Signup and view all the answers

    In what scenario would you request a blood draw from a driver suspected of impaired driving?

    <p>When the driver is suspected of being impaired by drugs, not alcohol.</p> Signup and view all the answers

    When is it appropriate to contact a Drug Recognition Expert (DRE)?

    <p>When a driver exhibits signs of impairment that cannot be solely attributed to alcohol.</p> Signup and view all the answers

    What is NOT a requirement for a valid blood draw for an impaired driver?

    <p>Administering a breathalyzer test before the blood draw.</p> Signup and view all the answers

    Which of these is NOT a crucial piece of information to include when labeling a blood kit?

    <p>The type of drug suspected to be involved.</p> Signup and view all the answers

    When can you request a blood draw from a driver suspected of impaired driving, without a warrant?

    <p>When the driver is unconscious.</p> Signup and view all the answers

    What is the purpose of documenting the reason for not administering a breath test?

    <p>To ensure accurate reporting of the incident.</p> Signup and view all the answers

    What is the significance of verifying the blood kit's expiration date?

    <p>It ensures the kit's legal validity for evidence purposes.</p> Signup and view all the answers

    What could indicate a possible medical disorder or injury in a driver during an eye examination?

    <p>Eyes not tracking together</p> Signup and view all the answers

    What is assessed to evaluate the smooth pursuit of a driver’s eyes?

    <p>The speed of moving stimulus</p> Signup and view all the answers

    How is distinct and sustained nystagmus at maximum deviation observed?

    <p>By making the driver hold the gaze at maximum deviation for at least four seconds</p> Signup and view all the answers

    What condition might be indicated by unequal pupil sizes in a driver's eyes?

    <p>Possible medical disorder or injury</p> Signup and view all the answers

    What is a sign of lack of smooth pursuit in an impaired driver?

    <p>Eyes jerking or bouncing while following a stimulus</p> Signup and view all the answers

    What should be done if distinct and sustained nystagmus is observed in a driver?

    <p>Hold the gaze at maximum deviation for at least 4 seconds</p> Signup and view all the answers

    What can happen if a driver starts moving their eyes before the stimulus is completed?

    <p>It suggests possible impairment in eye coordination</p> Signup and view all the answers

    What duration is appropriate to move the stimulus to assess eye tracking for both left and right eyes?

    <p>Two seconds each way</p> Signup and view all the answers

    Study Notes

    Effects of DUI on Society and Deterrence

    • Impaired driving is a major cause of traffic fatalities in the United States.
    • Drivers may show impairment due to various reasons, including alcohol, drugs, medical conditions, and mental or physical disabilities.
    • Impaired drivers are more likely to take excessive risks, have slow reaction times, and are less likely to wear seatbelts.
    • Education and deterrence are essential in preventing impaired driving.

    Detecting Impaired Driving

    • Law enforcement officers detect impaired driving by administering field sobriety tests.
    • The instructions stage of the walk-and-turn test involves dividing the driver's attention between a balancing task and an information-processing task.
    • Clues to look for during the instructions stage include the driver's inability to keep balance and starting to walk too soon.

    Walk-and-Turn Test

    • The walking stage of the test involves the driver taking nine heel-to-toe steps on a line, turning, and taking nine heel-to-toe steps back.
    • The driver must keep their arms at their sides, watch their feet at all times, and count their steps out loud.
    • The officer must demonstrate the test from a safe position.

    Conducting a DUI Crash Investigation

    • The crash investigation involves collecting evidence and exchanging information between involved drivers.
    • The officer must issue Miranda warnings and inform the driver of their rights.
    • Any signs of impairment collected during the crash investigation can be used to determine reasonable suspicion for a DUI arrest.

    Decision to Arrest

    • The decision to arrest the driver for DUI is based on the totality of the investigation.
    • Physical evidence should be based on observations, the results of the SFSTs, and pending test results.
    • If probable cause does not exist, the officer should not arrest the driver.

    Obtaining a Blood Test

    • A blood test can be requested from an impaired driver, even if they are not under arrest.
    • All blood draws must occur at a medical facility or in an ambulance.
    • The officer must ensure that the blood collection follows established procedures.

    DUI Report Writing

    • A DUI report must be completed to support testimony in court.
    • The DUI citation is similar to the UTC, but is for a DUI with an alcohol concentration of 0.08 or higher, or when the driver refused a breath, urine, or blood test.
    • The DUI citation is a charging document and is required to authorize DHSMV to suspend the person's driving privilege.

    DUI Citation

    • If the person has an alcohol concentration of 0.08 or above or refuses a breath, urine or blood test, the officer must seize their Florida driver's license and attach it to the DHSMV copy of the DUI citation.
    • Within five days, the officer must forward the Florida license and a copy of it to DHSMV for an administrative suspension hearing.
    • If the driver's license was valid at the time of the citation, the driver is eligible to use the citation as a temporary driver license which will expire at midnight on the 10th day following the date of the suspension of their license.

    DUI Traffic Stops

    • A diabetic person's high or low blood sugar levels can cause erratic driving, with symptoms such as breath smelling like alcohol, disorientation, or impairment.
    • If you suspect a medical condition is causing impairment, call EMS; if not, continue with the DUI investigation.

    DUI Basics

    • A person is driving under the influence (DUI) 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 their normal faculties are impaired.
    • Normal faculties include the 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.
    • Drivers who are deaf or hard of hearing, or with a developmental disability, may have a designator on their driver's license.
    • Anyone who accepts the privilege of driving a motor vehicle in Florida consents to submit to testing for drug or alcohol impairment.
    • Under implied consent, 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 only applies to motor vehicles, not other vehicles.

    DUI Investigation

    • The DUI investigation involves three phases:
      • Phase one: vehicle in motion (observing the way the driver operates and stops the vehicle)
      • Phase two: personal contact (observing and speaking with the driver face-to-face)
      • Phase three: pre-arrest screening (administering SFSTs to the driver to determine if there is probable cause to arrest for DUI)
    • The DUI detection process does not always include all three phases.

    DUI Detection Process

    • 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 the SFSTs
      • Properly document all phases of the DUI detection process

    SFSTs

    • Check for lack of smooth pursuit (jerking or bouncing of the eye as it follows a smoothly moving stimulus)
    • Check for distinct and sustained nystagmus at maximum deviation (eye jerk when held at maximum deviation for at least four seconds)
    • Ask the driver if they have a medical condition or injury that hinders one or both eyes from tracking together

    DUI Report Writing

    • The DUI citation is a charging document and is required to authorize DHSMV to suspend the person's driving privilege.
    • Complete the DUI citation the same way as a UTC.
    • Seize the driver's Florida driver's license if it is in their possession and attach it to the DHSMV copy of the DUI citation.
    • Forward the Florida license and a copy of it to DHSMV for an administrative suspension hearing within five days.

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