Florida Implied Consent and RefusalAffidavit

Questions and Answers

What is the minimum blood-alcohol level required for a person under 21 to be considered impaired?

0.05

0.01

0.02 (correct)

0.04

What is the penalty for a commercial driver who refuses to submit to a breath, urine, or blood test?

Loss of commercial driver's license for 1 year (correct)

Loss of commercial driver's license for 6 months

Suspension of driving privileges for 6 months

Fine of $500

What is the consequence of driving a CMV with an alcohol concentration of 0.04 or higher?

Suspension of driving privileges for 6 months

Fine of $1,000

Mandatory DUI investigation

Loss of commercial driver's license for 1 year (correct)

What is the purpose of conducting a DUI investigation?

To determine if a driver is impaired Signup and view all the answers

What is the consequence of a driver under 21 being detained for a 0.02 violation?

Administrative action by DHSMV Signup and view all the answers

What is required for a commercial driver to be considered impaired?

Any detectable amount of alcohol in their body Signup and view all the answers

What should an officer do if they suspect a DUI violation involving a commercial motor vehicle?

Conduct a DUI investigation Signup and view all the answers

What is the purpose of Section 322.2616, F.S.?

To outline instructions for conducting a traffic stop involving a driver younger than 21 Signup and view all the answers

What is the primary goal of Lesson 3: Phase Two—Personal Contact?

To determine whether to administer the SFSTs to a driver based on information gathered in phase two Signup and view all the answers

What are the two major evidence-gathering tasks in phase two of the DUI detection process?

Task 1: Observe and talk with the driver in the vehicle and Task 2: Observe the driver exiting the vehicle Signup and view all the answers

What is the major decision that needs to be made in phase two of the DUI detection process?

Whether to administer the SFSTs, continue dialoguing with the driver while looking for additional evidence, or finish the contact if no impairment is observed Signup and view all the answers

What is the definition of a 'clue' in the context of a DUI investigation?

A piece of evidence that suggests impairment Signup and view all the answers

When does Task One of phase two begin?

As soon as both the driver's vehicle and the patrol vehicle have come to complete stops Signup and view all the answers

What is the officer's attitude towards the driver and occupants during the investigation?

Fair, dignified, and respectful Signup and view all the answers

What should the officer use to observe the driver during Task One?

All of their senses Signup and view all the answers

What is the purpose of observing the driver during Task One?

To look for signs of impairment and gather evidence Signup and view all the answers

What is the primary purpose of conducting a 20-minute observation period before administering a breath test?

To prevent the driver from ingesting or regurgitating substances that may affect the test 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 period Signup and view all the answers

What is required to administer a breath test following a DUI arrest?

A certified breath test operator and a designee assigned by the BTO Signup and view all the answers

Why must a driver remove foreign objects from their mouth before the 20-minute observation period?

To prevent these objects from affecting the breath test results Signup and view all the answers

What is the primary purpose of reviewing the guidelines of the local state attorney's office and agency policies and procedures before making a DUI arrest?

To understand the legal requirements for making a DUI arrest Signup and view all the answers

When can a portable breath test (PBT) device be used during a DUI investigation?

Never, it is only for administrative purposes Signup and view all the answers

What is the consequence of a driver failing to comply with the 20-minute observation period requirements?

The observation period must be restarted from the beginning Signup and view all the answers

Who is responsible for monitoring the driver during the 20-minute observation period?

A designee assigned by the BTO or a certified BTO Signup and view all the answers

What does implied consent require from a driver arrested for DUI in Florida?

The driver must submit to a breath, urine, or blood test. Signup and view all the answers

What should an officer do if a driver refuses to submit to testing after being read the implied consent warning?

Complete a refusal affidavit and issue a DUI citation. Signup and view all the answers

Which of the following is true about implied consent in relation to a DUI traffic stop?

It does not apply if the vehicle is not a motor vehicle. Signup and view all the answers

When is it necessary to read the implied consent warning to a driver?

At the time of arrest for DUI before requesting a test. Signup and view all the answers

What is the consequence of a second refusal to submit to testing during a DUI traffic stop?

A uniform traffic citation (UTC) may be issued. Signup and view all the answers

What action should an officer take before completing a refusal affidavit?

Conduct a criminal history database search. Signup and view all the answers

Which option is NOT a component of implied consent during a DUI traffic stop?

Drivers must be informed of their right to refuse. Signup and view all the answers

What must law enforcement do after reading the implied consent warning to a driver?

Request that the driver undergoes testing again. Signup and view all the answers

Which driving behavior is commonly associated with impairment based on lane position?

Swerving and straddling a lane line Signup and view all the answers

Which of the following is a vigilance problem observed in impaired driving?

Failing to signal correctly Signup and view all the answers

What could be a sign of judgment problems while driving?

Tailgating another vehicle Signup and view all the answers

Which of the following speed and braking problems suggests impaired driving?

Varying speed without apparent reason Signup and view all the answers

What is a potential sign of an impaired driver related to their response to traffic signals?

Failing to respond to officer’s signals promptly Signup and view all the answers

Which behavior could suggest a vehicle problem rather than impairment?

Driving with a significant tire blowout Signup and view all the answers

Which action might indicate that a driver is experiencing a medical emergency?

Stopping in the lane for no apparent reason Signup and view all the answers

Which action is least likely to be associated with impaired driving?

Driving within the speed limit Signup and view all the answers

What is a potential sign of an impaired driver based on their appearance?

Bloodshot eyes Signup and view all the answers

What is an example of a divided attention test for driver impairment?

Requesting the driver to produce both their driver's license and vehicle registration Signup and view all the answers

What is a verbal clue of driver impairment?

Slurred speech Signup and view all the answers

What should an officer do if there is no reasonable suspicion of impairment?

Let the driver go Signup and view all the answers

What is the purpose of Task Two in the DUI detection process?

To instruct the driver to exit the vehicle Signup and view all the answers

What is an observable sign of impairment related to a driver's clothing?

Soiled clothing with urine, feces, or vomit Signup and view all the answers

What is a potential sign of impairment based on a driver's interaction with an officer?

Asking the officer to repeat questions Signup and view all the answers

What is the purpose of using techniques that apply the concept of divided attention?

To assess the driver's ability to concentrate Signup and view all the answers

A driver is found to have a medical alert bracelet indicating a medical condition. Which of the following is the most appropriate action for an officer?

Investigate potential medical impairment and treat the driver as you would someone impaired by alcohol or drugs. Signup and view all the answers

A driver with a valid Medical Marijuana Use Registry (MMUR) identification card is stopped for a traffic violation. What is the officer's responsibility regarding the card?

The driver must present the card upon request, but it doesn't exempt them from potential impairment-related charges. Signup and view all the answers

Which of the following conditions, if present, may resemble drug or alcohol impairment in a driver?

Epilepsy Signup and view all the answers

Which of the following scenarios presents the most significant concern for potential driver impairment?

A driver reporting taking a prescribed anti-anxiety medication. Signup and view all the answers

A driver is stopped and exhibits erratic driving behavior, including swerving and drifting between lanes. The officer observes no signs of alcohol consumption. What should the officer consider as a possible explanation for the erratic behavior?

The driver may be experiencing a medical emergency or condition affecting their driving abilities. Signup and view all the answers

A driver is pulled over and their blood alcohol concentration is measured at 0.06. The officer also observes the driver's erratic driving patterns. What is the correct interpretation of the situation?

The blood alcohol concentration of 0.06 is strong evidence of impairment and can be considered alongside the driver's driving behavior. Signup and view all the answers

A driver is stopped for a traffic violation and admits to taking prescription medication before driving. What is the most crucial aspect for the officer to determine?

If the medication's effects are impairing the driver's ability to operate a vehicle safely. Signup and view all the answers

During a traffic stop, an officer observes signs of impairment and decides to administer Standardized Field Sobriety Tests (SFSTs). When is it mandatory for the officer to read the driver their Miranda rights before administering the SFSTs?

Never, as the SFSTs are not considered an interrogation. Signup and view all the answers

A driver is stopped and has a medical alert card indicating a condition that can affect driving abilities. What is the officer's primary course of action?

Investigate potential impairment and treat the driver as you would someone impaired by alcohol or drugs. Signup and view all the answers

A driver is involved in a minor car accident. The officer suspects DUI and begins asking questions. Before transitioning to a DUI investigation, what action must the officer take?

Complete the crash investigation. Signup and view all the answers

Which of the following statements correctly describes the legal significance of a blood alcohol concentration (BAC) between 0.05 and 0.08 in Florida?

It is admissible as evidence but does not automatically imply impairment, and the jury must consider it alongside other evidence. Signup and view all the answers

A driver is stopped and exhibits signs of impairment, including slurred speech and difficulty maintaining balance. However, they claim they have not consumed alcohol but are taking medication for a medical condition. What should the officer do?

Investigate the driver's condition and potential impairment while considering the possibility of medication-related effects. Signup and view all the answers

A driver is stopped for a traffic violation. The officer suspects DUI but does not immediately arrest the driver. Can the officer ask the driver questions before reading them their Miranda rights?

Yes, as long as the questioning is brief and does not involve any incriminating statements. Signup and view all the answers

What is the primary reason that a Miranda warning is not required before administering Standardized Field Sobriety Tests (SFSTs)?

The SFSTs are not considered an interrogation because they are physical tests, not questioning. Signup and view all the answers

After completing the crash investigation, an officer suspects DUI and decides to initiate a DUI investigation. What action should the officer take immediately before asking any questions about the incident that could be used as evidence in a DUI case?

Read the driver their Miranda rights. Signup and view all the answers

In the context of a DUI investigation, what does the term "implied consent" refer to?

The driver's agreement to submit to a breath or blood test if requested by the officer. Signup and view all the answers

What should an officer do if a breath test result is 0.08 or higher?

Write a DUI citation and document the breath test results. Signup and view all the answers

Under what condition can a urine test be requested according to the established criteria?

When the breath test result is below 0.08 and impairments are suspected from substances other than alcohol. Signup and view all the answers

What is required before requesting a breath sample from a driver?

The subject must be under physical arrest. Signup and view all the answers

What should an officer note in the comments section if urine test results are still pending?

Urine results pending. Signup and view all the answers

When is a blood test permissible according to the criteria outlined?

When the officer has reasonable suspicion of impairment due to alcohol or drugs. Signup and view all the answers

If a driver refuses both the breath and urine tests, what should the officer do?

Complete a DUI citation and mark the box for 'Refusal'. Signup and view all the answers

What is the required action if impediments arise making a breath test impractical?

Request a blood test if reasonable suspicion exists. Signup and view all the answers

What should be done if a driver displays impairment signs but has a breath test result under 0.08?

Conduct a urine test if drug impairment is suspected. Signup and view all the answers

A driver younger than 21 years old is stopped for a suspected DUI violation. They have a blood-alcohol level of 0.02. What is the appropriate course of action?

Issue a notice of suspension to the driver and release them. Signup and view all the answers

A commercial motor vehicle (CMV) driver is arrested for DUI. They refuse to submit to a breath, urine, or blood test. What is the potential consequence for the driver's commercial driver's license (CDL)?

The driver may lose their CDL for one year, subject to an administrative hearing. Signup and view all the answers

A driver under the age of 21 is pulled over and found to have a blood alcohol content of 0.01. Based on the information provided, what is the appropriate action for the officer?

The officer should allow the driver to proceed because the BAC is below the limit for a DUI violation. Signup and view all the answers

A commercial motor vehicle driver is found to have a blood alcohol content of 0.04. What is the legal consequence for this driver?

The driver may lose their commercial driver's license for one year, subject to an administrative hearing. Signup and view all the answers

A driver under 21 is stopped for a suspected DUI violation and refuses to submit to a breath test. What is the most likely outcome of this refusal?

The driver will be issued a notice of suspension for refusing the breath test, but will not be arrested for DUI. Signup and view all the answers

A commercial motor vehicle driver is pulled over for a suspected DUI violation. The driver has a blood alcohol content of 0.03. What is the most likely outcome of this situation?

The driver will be issued a citation for DUI because they are operating a commercial vehicle and their BAC is above the legal limit for CMV drivers. Signup and view all the answers

A driver is stopped for a suspected DUI violation. The driver is under 21 years old and refuses to submit to a breath test. What is the most likely consequence for the driver?

The driver will be issued a notice of suspension for refusing to submit to a breath test and their license will be suspended for a specified period. Signup and view all the answers

A commercial motor vehicle driver is stopped and found to have a blood alcohol content of 0.04. The driver is not arrested for DUI, but they refuse to submit to a breath test. What is the most likely consequence for the driver?

The driver's commercial driver's license will be automatically suspended for one year, subject to an administrative hearing. Signup and view all the answers

Study Notes

In Florida, anyone who drives a motor vehicle consents to submit to testing for drug or alcohol impairment under implied consent (Section 316.1932, F.S.).
Implied consent only applies to motor vehicles, not other types of vehicles.
When a driver refuses to submit to a breath, urine, or blood test, law enforcement must read or provide the implied consent warning.
After the warning, ask the driver again if they will submit to the test.

Refusal Affidavit

If a driver refuses to submit to a breath, urine, or blood test, complete a refusal affidavit along with a DUI citation.
The refusal affidavit must be signed and forwarded to the Department of Highway Safety and Motor Vehicles (DHSMV) as part of the DUI arrest report.
Conduct an FCIC/NCIC, DAVID, or criminal history database search to see if a driver has had a previous citation for refusal.

Commercial Motor Vehicle DUI

A person with any alcohol in their body cannot drive or be in actual physical control of a commercial motor vehicle (CMV) in Florida.
If a driver is arrested for DUI while operating or in actual physical control of a CMV, they may lose their commercial driver's license (CDL) for one year, subject to an administrative hearing.
This penalty applies if the driver refuses to submit to a breath, urine, or blood test or if they are driving a CMV with an alcohol concentration of 0.04 or higher.

Drivers Younger Than 21 (0.02 Violation)

It is unlawful for a person under 21 to drive or be in actual physical control of a motor vehicle with a blood-alcohol level or breath-alcohol level of 0.02 or higher.
Conduct a DUI investigation and request the driver to submit to a breath test using an approved testing device.
A violation of this section is not a traffic infraction or a criminal offense, but it may result in administrative action by DHSMV, including suspension of driving privileges.

Visual Cues of an Impaired Driver

Lane position:
- Weaving
- Weaving across lane lines (lane departure)
- Drifting
- Straddling a lane line
- Swerving
- Almost striking an object or vehicle
- Turning with a wide radius
Speed and braking problems:
- Stopping problems (too far, too short, or too jerky)
- Accelerating or decelerating unnecessarily
- Varying speed
- Driving 10 mph or more under the speed limit
Vigilance problems:
- Driving without headlights at night
- Failing to signal or signaling that is inconsistent with the action
- Driving in opposing lanes or the wrong way on a one-way road
- Responding slowly to traffic signals
- Failing to respond or responding slowly to an officer's signals
- Stopping in the lane for no apparent reason
Judgment problems:
- Following too closely (tailgating)
- Conducting an improper or unsafe lane change
- Making an illegal or improper turn
- Driving off the roadway
- Stopping inappropriately in response to the officer

Phase Two of the DUI Detection Process

Task One: Observe and talk with the driver in the vehicle
Task Two: Observe the driver exiting the vehicle
Based on these observations, decide whether to administer the Standard Field Sobriety Tests (SFSTs), continue dialoguing with the driver while looking for additional evidence, or finish the contact if no impairment is observed.

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
A certified breath test operator (BTO) must administer the breath test on an arrested driver following agency policies and procedures
The BTO must monitor the driver face-to-face for a continuous 20 minutes before administering the breath test
Document in your field notes when the observation period begins and ensure the driver does not have any foreign objects in their mouth during the observation period.

Medical Marijuana Use Registry (MMUR)

A qualified patient or caregiver must possess a valid MMUR identification card when in possession of marijuana or a marijuana delivery device.
The patient must provide the card to law enforcement 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.
Possession of the 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.

Medication Effects

Some driver behaviors and physical reactions may indicate that the impaired driver is under the influence of medication.
Drivers may have prescription bottles or leftover pills with them in the vehicle.
Drivers may tell law enforcement they are taking medications or have a medical alert bracelet.
Lawful possession of prescription medication does not necessarily mean the driver is not impaired.

Medical Conditions That Mimic Impairment

Certain medical conditions may produce abnormal behavior similar to drug- or alcohol-induced impairment.
Check for medical alert cards, bracelets, or indications on the driver's license to determine if a medical problem might cause impairment.
Examples of such conditions include epilepsy, diabetes, head injury, or cognitive problems (dementia or Alzheimer's).

DUI Investigation

A crash investigation must be completed before starting a DUI investigation.
Transition to a DUI criminal investigation by making a verbal statement to the driver and reading them their Miranda rights.
Questions asked during the crash investigation that support criminal charges must be asked again after Miranda rights are read.

Miranda Warning During DUI

No Miranda warning is required during a traffic stop when temporarily detaining a motorist to ask a few brief questions and issue a citation.
Routine questioning of a driver during a traffic stop is not an interrogation.

Commercial Motor Vehicle DUI

A person with any alcohol in their body cannot drive or be in actual physical control of a commercial motor vehicle (CMV) in Florida.
If arrested for DUI while operating or in actual physical control of a motor vehicle or a CMV, the driver may lose their commercial driver's license (CDL) for one year.

Drivers Younger Than 21 (0.02 Violation)

It is unlawful for a person younger than 21 to drive or be in actual physical control of a motor vehicle with a blood-alcohol level or breath-alcohol level of 0.02 or higher.
Conduct a DUI investigation and request the driver to submit to a breath test using an approved testing device.

Observable Clues of Driver Impairment

Bloodshot eyes
Soiled clothing (urine, feces, vomit)
Alcohol containers, drugs, or drug paraphernalia
Odor of alcoholic beverages or marijuana smoke
Cover-up odors like breath spray or tobacco smoke
Fumbling with driver's license or paperwork or with motor vehicle controls

Divided Attention Test

Ask the driver to produce two things in one request, such as their driver's license and vehicle registration.
If the driver forgets to produce both documents, produces documents other than the ones requested, or passes over their license, registration, or both while searching through wallet or purse, it may indicate impairment.

Verbal Clues of Driver Impairment

Slow to respond to questions
Slurred speech
Asking to repeat questions
Admitting to drinking
Providing inconsistent responses
Using abusive language
Changing answers

Observing an Impaired Driver Before Conducting a Breath Test

Instruct the driver to exit the vehicle.
If the results of the breath test indicate an alcohol concentration of 0.08 or higher, complete a DUI citation.
If the results of the breath test indicate an alcohol concentration below 0.08, complete a UTC for the charge of DUI based on probable cause for the arrest.
If the driver refuses to submit to the breath test, complete a DUI citation and mark the box for "Refusal."

Urine Test

Conduct a urine test if a breath test result is below 0.08 and you have probable cause to believe the person is impaired by substances other than alcohol.
The urine test determines if drugs in the person's system cause physical impairment.
The driver must take the urine test at a detention facility or any other facility equipped to administer urine tests.

Blood Test

Conduct a blood test if you have reasonable suspicion to believe the person was under the influence of alcohol or a chemical or controlled substance while driving, or in actual physical control of a vehicle.
Conduct a blood test if you were unable to conduct a breath test because it was impractical or impossible.

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Description

This quiz covers Florida laws on implied consent and refusal affidavit related to driving under influence. It explains the rules and procedures for law enforcement when dealing with suspect drivers.