DUI Investigation Process

Questions and Answers

What is the final phase of the DUI detection process?

Vehicle in motion

Pre-arrest screening (correct)

Personal contact

Traffic crash investigation

When can an officer skip the first phase of the DUI detection process?

When the driver is pulled over for speeding

When the officer is certain of a DUI

When the driver is passed out behind the wheel (correct)

When the driver is involved in a traffic crash

What is the purpose of the pre-arrest screening phase?

To issue a traffic citation

To provide medical assistance

To determine if the driver is under the influence

To determine probable cause to arrest for DUI (correct)

What is a characteristic of an officer who is successful in the DUI detection process?

They know what to look, listen, and smell for Signup and view all the answers

Why might an officer be unable to administer SFSTs to a driver?

The driver is physically unable to perform the SFSTs Signup and view all the answers

What is the ultimate goal of the DUI detection process?

To determine probable cause to arrest for DUI Signup and view all the answers

What is an important aspect of documenting the DUI detection process?

Documenting all phases of the process Signup and view all the answers

What is a key skill of an officer who is successful in the DUI detection process?

They have the skills to ask the right kinds of questions Signup and view all the answers

What is HGN testing often an indication of?

A pathological disorder or high doses of a drug Signup and view all the answers

Why should you keep your weapon side away from the driver during HGN testing?

For officer safety Signup and view all the answers

What should you ask the driver before starting the HGN test?

Do you wear glasses or contacts? Signup and view all the answers

How should the driver stand during the HGN test?

With their feet together and hands down at their side Signup and view all the answers

What should the driver do during the HGN test?

Follow the object with their eyes only Signup and view all the answers

Where should you position the object during the HGN test?

About 12-15 inches from the driver's nose and slightly above their eye level Signup and view all the answers

What should you check for before administering the HGN test?

The driver's resting nystagmus and equal pupil size Signup and view all the answers

What is equal tracking?

The ability of the eyes to track together as they follow an object Signup and view all the answers

What is one sign of impairment for a motorcyclist during a turn?

Drifting Signup and view all the answers

Which of these is NOT a sign of impairment for a motorcyclist?

Operating with a broken tail light Signup and view all the answers

When stopping a vehicle, which of these is a sign the driver may be impaired?

Swerving abruptly Signup and view all the answers

What does the text say about asking an impaired driver to move their vehicle?

It is never safe to ask an impaired driver to move their vehicle. Signup and view all the answers

What is the main concept discussed in the text regarding driver impairment cues?

How to determine if a driver is impaired by alcohol or drugs Signup and view all the answers

What is a common impairment cue when a vehicle is stopped?

Attempting to flee Signup and view all the answers

Which of these is NOT considered a sign of a driver's inability to divide their attention?

Having a conversation with a passenger Signup and view all the answers

What is the term used in the text to describe the ability to concentrate on two or more tasks at the same time?

Divided attention Signup and view all the answers

What is the legal basis for conducting a breath test for alcohol impairment?

Florida Statute 316.1932 Signup and view all the answers

What is the minimum observation period required for a driver before a breath test can be administered?

20 minutes Signup and view all the answers

Which of the following items are NOT allowed in the driver's mouth during the 20-minute observation period?

Tobacco Signup and view all the answers

What should an officer do if a driver vomits during the 20-minute observation period?

Start a new 20-minute observation period Signup and view all the answers

What type of breath test device is NOT permitted to determine probable cause for a DUI arrest?

Portable breath test (PBT) Signup and view all the answers

What is the legal consequence for a DUI offense involving serious bodily injury, death, or multiple prior convictions?

Felony Signup and view all the answers

What is a certified breath test operator (BTO) required to do following a DUI arrest?

Administer a breath test Signup and view all the answers

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

Fill out a refusal affidavit Signup and view all the answers

What is the primary goal of phase two in the DUI detection process?

To gather evidence based on observations and driver interaction. Signup and view all the answers

What happens during task one of phase two?

The officer observes and engages in conversation with the driver. Signup and view all the answers

Which action is NOT part of task two in phase two?

Collecting a blood sample for testing. Signup and view all the answers

What should an officer use to gather clues about possible impairment?

All available senses during the interaction. Signup and view all the answers

How should officers treat drivers and occupants during the DUI investigation?

With fairness, dignity, and respect. Signup and view all the answers

What constitutes a clue during the DUI investigation?

A piece of evidence indicating potential impairment. Signup and view all the answers

Which statement about phase two of the DUI detection process is true?

It may not be necessary if phase one is skipped. Signup and view all the answers

What is the role of the Standardized Field Sobriety Tests (SFSTs) in this phase?

To assess signs of impairment based on driver performance. Signup and view all the answers

What must a qualified patient or caregiver have in their immediate possession when in possession of marijuana or a marijuana delivery device?

A Medical Marijuana Use Registry (MMUR) identification card Signup and view all the answers

What should a law enforcement officer do if a driver is lawfully in possession of prescription medication, but the effects of the medication impair their ability to drive?

Treat the driver the same way as someone impaired by illegal drugs or alcohol Signup and view all the answers

What is a possible indication that a driver's impairment may be caused by a medical condition?

A driver's license with a medical alert indicator Signup and view all the answers

What should a law enforcement officer check for before administering a urine or blood test to a driver?

The driver's consent Signup and view all the answers

What is a characteristic of a driver who is impaired by medication?

Abnormal behavior Signup and view all the answers

During a traffic stop, what should a driver provide to a law enforcement officer upon request?

Their Medical Marijuana Use Registry (MMUR) identification card Signup and view all the answers

What is an example of a medical condition that may mimic impairment?

Epilepsy Signup and view all the answers

What is the purpose of checking for a medical alert card, bracelet, or necklace during a traffic stop?

To determine if the driver has a medical condition Signup and view all the answers

What should you do before administering the HGN test?

Give the driver instructions and check for unequal pupil size Signup and view all the answers

What is equal tracking in the context of the HGN test?

The ability of the eyes to track together Signup and view all the answers

Why should you keep your weapon side away from the driver during HGN testing?

For officer safety Signup and view all the answers

What should the driver do during the HGN test?

Follow the object with their eyes only Signup and view all the answers

Where should you position the object during the HGN test?

12-15 inches from the driver's nose Signup and view all the answers

What should you check for before administering the HGN test?

Resting nystagmus and equal pupil size Signup and view all the answers

What is resting nystagmus?

Abnormal eye movement when the eyes are at rest Signup and view all the answers

What may indicate a pathological disorder or high doses of a drug?

Nystagmus Signup and view all the answers

What must be determined before making an arrest during a traffic crash incident?

If probable cause exists to arrest a driver for DUI Signup and view all the answers

Who administers the breath test on an arrested driver?

A certified breath test operator (BTO) Signup and view all the answers

How long must the driver be observed continuously before a breath test?

20 minutes Signup and view all the answers

What should an officer do if a driver vomits during the 20-minute observation period?

Instruct the driver to rinse their mouth with water and restart the observation Signup and view all the answers

What is the legal consequence for a DUI offense involving serious bodily injury, death, or multiple prior convictions?

Felony crime Signup and view all the answers

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

Fill out the refusal affidavit Signup and view all the answers

What is not allowed in the driver's mouth during the 20-minute observation period?

Fingers Signup and view all the answers

What type of breath test device is not permitted to determine probable cause for a DUI arrest?

Portable breath test (PBT) device Signup and view all the answers

What should the driver do with their elevated foot during the one-leg stand test?

Point the foot out and keep it parallel to the ground Signup and view all the answers

How should the driver count during the one-leg stand test?

Count aloud in the method: 1001, 1002, 1003, 1004 Signup and view all the answers

What should the officer confirm before the driver begins the test?

That the driver understands the instructions given Signup and view all the answers

During the balance and counting stage, what is a crucial element for the driver?

To keep both legs straight Signup and view all the answers

Which of the following is NOT considered a clue during the one-leg stand test?

Counts at a steady pace Signup and view all the answers

What is the maximum number of clues that can be observed during the one-leg stand test?

Four Signup and view all the answers

What is a common issue drivers might exhibit during the one-leg stand test?

Hopping to maintain balance Signup and view all the answers

What is the recommended duration for timing the one-leg stand test?

30 seconds Signup and view all the answers

What should an officer observe to detect potential impairment as the driver exits the vehicle?

The driver's behavior and physical coordination Signup and view all the answers

Which of the following is NOT a common behavior that may indicate driver impairment when exiting the vehicle?

Climbs out of the vehicle carefully Signup and view all the answers

What is the primary purpose of administering the Standardized Field Sobriety Tests (SFSTs)?

To evaluate the driver’s level of impairment Signup and view all the answers

Which test is included in the Standardized Field Sobriety Tests (SFSTs)?

Horizontal gaze nystagmus test Signup and view all the answers

What is the role of the horizontal gaze nystagmus (HGN) test in DUI investigations?

To check for involuntary eye movement as a sign of impairment Signup and view all the answers

Which of the following describes a psycho-physical test used in DUI detection?

A test that assesses coordination and mental task performance Signup and view all the answers

Which behavior indicates a potential risk during the DUI investigation process?

Leaning against the vehicle for support Signup and view all the answers

What does the administration of SFSTs aim to produce as evidence?

Test results demonstrating impairment Signup and view all the answers

Study Notes

DUI Detection Process

The detection process begins when you suspect a driver may be impaired and ends when you determine there is or is not sufficient probable cause to arrest for a DUI offense.
The DUI investigation involves three phases of detection: vehicle in motion, personal contact, and pre-arrest screening.

Phase One: Vehicle in Motion

Observe the way the driver operates and stops the vehicle.
Driving impairment cues for motorcyclists include:
- Drifting during turn or curve
- Trouble dismounting
- Trouble balancing at a stop
- Problems turning (unsteadiness, sudden corrections, late braking, improper lean angle)
- Weaving
- Moving erratically while going straight
- Operating without lights at night
- Driving recklessly (e.g., driving on one wheel or at high speeds)
- Following too closely
- Running a stop light or sign
- Evading the officer
- Going the wrong way

Phase Two: Personal Contact

Observe and speak with the driver face-to-face.
Task one: observe and talk with the driver in the vehicle.
Task two: observe the driver exiting the vehicle.
Use your senses to observe the driver and provide clues of alcohol or drug impairment.
Take note of any abnormalities observed or reported by the driver.

HGN Testing

Administer the HGN test to check for signs of impairment.
Give the following instructions:
- "I am going to check your eyes."
- "Stand with your feet together and your hands down at your side."
- "Keep your head still and follow this object with your eyes only."
- "Do not move your head."
- "Do not understand the instructions?"
While administering the HGN test, have the driver follow the motion of a small object with their eyes only.
Check for resting nystagmus and equal pupil size.

Post-arrest Evidence

Attempt to collect breath, urine, or blood tests after the arrest.
If the driver refuses to take the tests, fill out the refusal affidavit.
Breath test operator (BTO) must administer the breath test on an arrested driver following agency policies and procedures.
Document in your field notes when the observation period begins.
Make sure the driver does not have any foreign objects in their mouth during the observation period.
Instruct the driver to remove any objects and document the occurrence.

Medical Marijuana Patient Driving in Florida

A qualified patient or caregiver must have a Medical Marijuana Use Registry (MMUR) identification card when in possession of marijuana or a marijuana delivery device.
The card must be provided to an officer upon request during a traffic stop.
Possession of the card does not exempt the person from criminal offense or prosecution related to impairment resulting from the medical use of marijuana.

Determining if a Driver is Under the Influence of Medication

Check for prescription bottles or leftover pills in the vehicle.
Look for a medical alert bracelet or notation on the driver's license.
If the driver is lawfully in possession of prescription medication, treat them the same way as someone impaired by illegal drugs or alcohol if their ability to drive is impaired.

Medical Conditions That Mimic Impairment

Certain medical conditions may cause abnormal behavior, such as epilepsy, diabetes, head injury, or cognitive problems (dementia or Alzheimer's).
Check for a medical alert card, bracelet, or notation on the driver's license.
Keep officer and driver safety in mind at all times.

Impairment Clues of a Driver Exiting the Vehicle

The driver cannot follow instructions.
The driver cannot open the door.
The driver leaves the vehicle in gear.
The driver climbs out of the vehicle.
The driver sways or staggers while walking.
The driver leans against the vehicle or another object.
The driver places hands on the vehicle for balance.

Administering an HGN Test

Give instructions to the driver, keeping your weapon side away from them for officer safety.
Ask the driver to stand with their feet together and hands down at their sides.
Instruct the driver to keep their head still and follow a small object with their eyes only.
Position the object 12-15 inches from the driver's nose and slightly above their eye level.
Check for resting nystagmus and equal pupil size.

Providing Instructions for the One-Leg Stand Test

Divide the driver's attention between a balancing task and an information-processing task.
Instruct the driver to raise one leg, either leg, about 6 inches off the ground, foot pointed out, parallel to the ground, and look at the elevated foot.
Tell the driver to count aloud in a specific manner (1001, 1002, 1003, etc.).
Ensure the driver understands the instructions.

Balance and Counting Stage of the One-Leg Stand Test

Divide the driver's attention between balancing and counting aloud.
Instruct the driver to raise one leg and count aloud for 30 seconds.
Look for clues such as swaying while balancing, using arms to balance, hopping, or putting their foot down.

Determining Probable Cause for DUI Arrest

Look for clues during the pre-arrest screening process.
Determine if probable cause exists to arrest a driver for DUI based on the clues observed.

Post-arrest Evidence

Attempt to collect breath, urine, or blood tests after the arrest.
Fill out the refusal affidavit if the driver refuses to take the tests.
Administer a breath test following agency policies and procedures.
Monitor the driver face-to-face for a continuous 20 minutes before administering the breath test.
Document when the observation period begins and ensure the driver does not have any foreign objects in their mouth.
Start another 20-minute observation period if the driver vomits or has any other issue that could affect the breath test.

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Description

Learn about the three phases of DUI investigation, from observing the vehicle in motion to pre-arrest screening. Understand the process of detecting impaired drivers.