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Questions and Answers
What is the minimum blood-alcohol level required for a person under 21 to be considered impaired?
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?
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?
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?
What is the purpose of conducting a DUI investigation?
What is the consequence of a driver under 21 being detained for a 0.02 violation?
What is the consequence of a driver under 21 being detained for a 0.02 violation?
What is required for a commercial driver to be considered impaired?
What is required for a commercial driver to be considered impaired?
What should an officer do if they suspect a DUI violation involving a commercial motor vehicle?
What should an officer do if they suspect a DUI violation involving a commercial motor vehicle?
What is the purpose of Section 322.2616, F.S.?
What is the purpose of Section 322.2616, F.S.?
What is the primary goal of Lesson 3: Phase Two—Personal Contact?
What is the primary goal of Lesson 3: Phase Two—Personal Contact?
What are the two major evidence-gathering tasks in phase two of the DUI detection process?
What are the two major evidence-gathering tasks in phase two of the DUI detection process?
What is the major decision that needs to be made in phase two of the DUI detection process?
What is the major decision that needs to be made in phase two of the DUI detection process?
What is the definition of a 'clue' in the context of a DUI investigation?
What is the definition of a 'clue' in the context of a DUI investigation?
When does Task One of phase two begin?
When does Task One of phase two begin?
What is the officer's attitude towards the driver and occupants during the investigation?
What is the officer's attitude towards the driver and occupants during the investigation?
What should the officer use to observe the driver during Task One?
What should the officer use to observe the driver during Task One?
What is the purpose of observing the driver during Task One?
What is the purpose of observing the driver during Task One?
What is the primary purpose of conducting a 20-minute observation period before administering a breath test?
What is the primary purpose of conducting a 20-minute observation period before administering a breath test?
What should an officer do if a driver vomits during the 20-minute observation period?
What should an officer do if a driver vomits during the 20-minute observation period?
What is required to administer a breath test following a DUI arrest?
What is required to administer a breath test following a DUI arrest?
Why must a driver remove foreign objects from their mouth before the 20-minute observation period?
Why must a driver remove foreign objects from their mouth before the 20-minute observation period?
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?
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?
When can a portable breath test (PBT) device be used during a DUI investigation?
When can a portable breath test (PBT) device be used during a DUI investigation?
What is the consequence of a driver failing to comply with the 20-minute observation period requirements?
What is the consequence of a driver failing to comply with the 20-minute observation period requirements?
Who is responsible for monitoring the driver during the 20-minute observation period?
Who is responsible for monitoring the driver during the 20-minute observation period?
What does implied consent require from a driver arrested for DUI in Florida?
What does implied consent require from a driver arrested for DUI in Florida?
What should an officer do if a driver refuses to submit to testing after being read the implied consent warning?
What should an officer do if a driver refuses to submit to testing after being read the implied consent warning?
Which of the following is true about implied consent in relation to a DUI traffic stop?
Which of the following is true about implied consent in relation to a DUI traffic stop?
When is it necessary to read the implied consent warning to a driver?
When is it necessary to read the implied consent warning to a driver?
What is the consequence of a second refusal to submit to testing during a DUI traffic stop?
What is the consequence of a second refusal to submit to testing during a DUI traffic stop?
What action should an officer take before completing a refusal affidavit?
What action should an officer take before completing a refusal affidavit?
Which option is NOT a component of implied consent during a DUI traffic stop?
Which option is NOT a component of implied consent during a DUI traffic stop?
What must law enforcement do after reading the implied consent warning to a driver?
What must law enforcement do after reading the implied consent warning to a driver?
Which driving behavior is commonly associated with impairment based on lane position?
Which driving behavior is commonly associated with impairment based on lane position?
Which of the following is a vigilance problem observed in impaired driving?
Which of the following is a vigilance problem observed in impaired driving?
What could be a sign of judgment problems while driving?
What could be a sign of judgment problems while driving?
Which of the following speed and braking problems suggests impaired driving?
Which of the following speed and braking problems suggests impaired driving?
What is a potential sign of an impaired driver related to their response to traffic signals?
What is a potential sign of an impaired driver related to their response to traffic signals?
Which behavior could suggest a vehicle problem rather than impairment?
Which behavior could suggest a vehicle problem rather than impairment?
Which action might indicate that a driver is experiencing a medical emergency?
Which action might indicate that a driver is experiencing a medical emergency?
Which action is least likely to be associated with impaired driving?
Which action is least likely to be associated with impaired driving?
What is a potential sign of an impaired driver based on their appearance?
What is a potential sign of an impaired driver based on their appearance?
What is an example of a divided attention test for driver impairment?
What is an example of a divided attention test for driver impairment?
What is a verbal clue of driver impairment?
What is a verbal clue of driver impairment?
What should an officer do if there is no reasonable suspicion of impairment?
What should an officer do if there is no reasonable suspicion of impairment?
What is the purpose of Task Two in the DUI detection process?
What is the purpose of Task Two in the DUI detection process?
What is an observable sign of impairment related to a driver's clothing?
What is an observable sign of impairment related to a driver's clothing?
What is a potential sign of impairment based on a driver's interaction with an officer?
What is a potential sign of impairment based on a driver's interaction with an officer?
What is the purpose of using techniques that apply the concept of divided attention?
What is the purpose of using techniques that apply the concept of divided attention?
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?
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?
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?
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?
Which of the following conditions, if present, may resemble drug or alcohol impairment in a driver?
Which of the following conditions, if present, may resemble drug or alcohol impairment in a driver?
Which of the following scenarios presents the most significant concern for potential driver impairment?
Which of the following scenarios presents the most significant concern for potential driver impairment?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
Which of the following statements correctly describes the legal significance of a blood alcohol concentration (BAC) between 0.05 and 0.08 in Florida?
Which of the following statements correctly describes the legal significance of a blood alcohol concentration (BAC) between 0.05 and 0.08 in Florida?
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?
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?
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?
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?
What is the primary reason that a Miranda warning is not required before administering Standardized Field Sobriety Tests (SFSTs)?
What is the primary reason that a Miranda warning is not required before administering Standardized Field Sobriety Tests (SFSTs)?
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?
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?
In the context of a DUI investigation, what does the term "implied consent" refer to?
In the context of a DUI investigation, what does the term "implied consent" refer to?
What should an officer do if a breath test result is 0.08 or higher?
What should an officer do if a breath test result is 0.08 or higher?
Under what condition can a urine test be requested according to the established criteria?
Under what condition can a urine test be requested according to the established criteria?
What is required before requesting a breath sample from a driver?
What is required before requesting a breath sample from a driver?
What should an officer note in the comments section if urine test results are still pending?
What should an officer note in the comments section if urine test results are still pending?
When is a blood test permissible according to the criteria outlined?
When is a blood test permissible according to the criteria outlined?
If a driver refuses both the breath and urine tests, what should the officer do?
If a driver refuses both the breath and urine tests, what should the officer do?
What is the required action if impediments arise making a breath test impractical?
What is the required action if impediments arise making a breath test impractical?
What should be done if a driver displays impairment signs but has a breath test result under 0.08?
What should be done if a driver displays impairment signs but has a breath test result under 0.08?
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?
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?
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)?
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)?
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?
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?
A commercial motor vehicle driver is found to have a blood alcohol content of 0.04. What is the legal consequence for this driver?
A commercial motor vehicle driver is found to have a blood alcohol content of 0.04. What is the legal consequence for this driver?
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?
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?
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?
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?
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?
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?
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?
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?
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Study Notes
Implied Consent
- 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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