Medical Marijuana Use Registry Rules

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Questions and Answers

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

A doctor's prescription

A note from a pharmacist

A letter from a licensed medical professional

A Medical Marijuana Use Registry (MMUR) identification card (correct)

During a traffic stop, what must a qualified patient or their caregiver provide upon request?

A urine sample

A blood sample

A doctor's prescription

Their Medical Marijuana Use Registry (MMUR) identification card (correct)

What does possession of a Medical Marijuana Use Registry (MMUR) identification card exempt a person from?

Criminal offense or prosecution related to impairment

Requirement to submit to a urine or blood test

Traffic violations

None of the above (correct)

How should you treat a driver who is impaired due to the medical use of marijuana?

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

What may indicate that a driver is under the influence of medication?

Prescription bottles or leftover pills in the vehicle Signup and view all the answers

How should you determine if a medical problem might cause a driver's impairment?

Check for a medical alert card, bracelet, or indication on their driver's license Signup and view all the answers

What type of medical condition may produce abnormal behavior that mimics drug- or alcohol-induced impairment?

Epilepsy Signup and view all the answers

Why is it important to consider medical conditions that mimic impairment?

To ensure the driver's safety and the safety of others on the road Signup and view all the answers

Which of these conditions may interfere with a driver's performance of the walk-and-turn test?

All of the above Signup and view all the answers

What is the primary goal of the instructions stage during the one-leg stand test?

To ensure the driver understands the test procedure Signup and view all the answers

What should you do if a driver is unable to safely complete the walk-and-turn test?

Stop the test early and document the reason Signup and view all the answers

What is the recommended surface for conducting the one-leg stand test?

A stable, level, and non-slippery surface Signup and view all the answers

During the one-leg stand test, what should the officer instruct the driver to do first?

Stand with their feet together and their arms at their side Signup and view all the answers

What is the threshold for the number of clues in the walk-and-turn test that suggests a driver's alcohol concentration is likely above 0.08?

Two or more clues Signup and view all the answers

Which of the following is NOT a clue that might be observed during the walk-and-turn test?

Stumbling backward during the test Signup and view all the answers

What must a driver do if lawfully arrested for DUI in Florida?

Submit to breath, urine, or blood testing due to implied consent Signup and view all the answers

What should be done if a driver refuses to submit to a chemical test after the implied consent warning?

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

What action should an officer take after reading the implied consent warning to a driver?

Ask the driver again if they will submit to testing Signup and view all the answers

Implied consent applies to which of the following situations?

Driving a motor vehicle under the influence Signup and view all the answers

What must be done for each requested test that is refused?

Read the implied consent warning again Signup and view all the answers

What additional action is required after completing a refusal affidavit?

Submit it to the Department of Highway Safety and Motor Vehicles Signup and view all the answers

Which of the following is NOT affected by implied consent laws?

Operating heavy machinery on the job Signup and view all the answers

What happens if a driver has a previous citation for refusal regarding implied consent?

They will receive a uniform traffic citation for a second refusal Signup and view all the answers

What is the minimum duration for holding the stimulus at maximum deviation when checking for distinct and sustained nystagmus?

4 seconds Signup and view all the answers

When observing the onset of nystagmus prior to 45°, how many passes should be conducted for each eye?

Two Signup and view all the answers

What is the minimum duration for the movement from 0° to 45° when checking for onset of nystagmus?

4 seconds Signup and view all the answers

What is the significance of observing nystagmus before 45°?

It is a sign of alcohol impairment. Signup and view all the answers

How is vertical gaze nystagmus (VGN) characterized?

Involuntary jerking of the eyes as they move up and down. Signup and view all the answers

What is the minimum distance from the driver's nose that the stimulus should be held when checking for vertical gaze nystagmus?

12-15 inches Signup and view all the answers

What is the purpose of the eye movement test during a DUI traffic stop?

To assess the driver's level of intoxication. Signup and view all the answers

Which of the following is a key factor in determining if nystagmus is present before 45°?

The duration of the eye movement. Signup and view all the answers

According to Florida Statute 316.1934, what does a blood or breath alcohol level between 0.05 and 0.08 indicate?

The driver is not necessarily under the influence of alcohol. Signup and view all the answers

What is the primary reason for changing "hats" and transitioning to a DUI criminal investigation after a crash investigation?

To ensure evidence obtained during the crash investigation can be used in a criminal case. Signup and view all the answers

According to Berkemer v. McCarty, when is a Miranda warning required during a traffic stop?

During an interrogation involving a minor traffic offense. Signup and view all the answers

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

To provide evidence of the driver's impairment. Signup and view all the answers

Which of the following is NOT considered a factor that a jury may consider when determining whether a driver was under the influence of alcohol?

The driver's prior DUI convictions. Signup and view all the answers

When is a Miranda warning NOT required during a DUI investigation?

Before administering the Standardized Field Sobriety Tests (SFSTs). Signup and view all the answers

What is the legal significance of the decision in Berkemer v. McCarty regarding DUI investigations?

It clarified the circumstances when a Miranda warning is required during a DUI investigation. Signup and view all the answers

What is the recommended course of action for an officer when determining whether to provide a Miranda warning during a DUI investigation?

Follow the agency's policies and procedures. Signup and view all the answers

When should an officer administer a urine test to a driver?

If the breath test result is below 0.08 and there is probable cause to believe the person is impaired by substances other than alcohol. Signup and view all the answers

What should an officer do if a driver refuses to submit to a urine test?

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

Under what circumstances can a blood test be administered?

If the officer has reasonable suspicion to believe the driver was under the influence of alcohol or a controlled substance while driving, and a breath test was impractical or impossible. Signup and view all the answers

What is the purpose of completing a DUI citation, if the breath test result indicates an alcohol concentration below 0.08?

To charge the driver with DUI based on probable cause for the arrest. Signup and view all the answers

What should be written in the comments section of the UTC if the driver refuses to submit to a urine test?

Refusal Signup and view all the answers

What is the primary reason for conducting a urine test?

To determine if the driver is under the influence of drugs other than alcohol. Signup and view all the answers

Which of the following is NOT a valid reason for administering a blood test?

The officer believes the driver is under the influence of alcohol, but the driver is not under arrest. Signup and view all the answers

What is the legal threshold for alcohol concentration that triggers a DUI citation?

0.08 Signup and view all the answers

Where must a urine test be administered?

At a detention facility or any other facility equipped to administer urine tests, according to agency policies and procedures. Signup and view all the answers

What is the primary factor that determines whether a DUI citation or a UTC is completed?

The results of the breath test and the officer's probable cause for arrest. Signup and view all the answers

What should you do if the driver is unable to safely complete the one-leg stand test?

Stop the test early and document the reason Signup and view all the answers

What is the significance of observing two or more clues during the one-leg stand test?

It is likely that the driver's alcohol concentration is above 0.08 Signup and view all the answers

What should you do when conducting a DUI crash investigation?

Identify a wheel witness and collect other evidence to place the driver in actual physical control of the vehicle Signup and view all the answers

What may interfere with the driver's performance of the one-leg stand test?

Wind/weather conditions, the driver's age or weight, or the driver's footwear Signup and view all the answers

What should you record in your field notes during the one-leg stand test?

Any facts, circumstances, conditions, or observations that may be relevant to the test Signup and view all the answers

What is the purpose of documenting the one-leg stand test clues?

To classify drivers accurately based on their alcohol concentration Signup and view all the answers

What should you do if the driver makes incorrect counting or bending of the knees during the one-leg stand test?

Document the observation and continue the test Signup and view all the answers

What is the goal of the one-leg stand test?

To determine if the driver is impaired due to alcohol Signup and view all the answers

What should you do if the driver is unable to complete the one-leg stand test due to a medical condition?

Document the reason and continue with the investigation Signup and view all the answers

Why is it important to consider medical conditions that mimic impairment during the one-leg stand test?

To avoid false positives Signup and view all the answers

What percentage of drivers can be accurately classified as likely having an alcohol concentration above 0.08 when observing two or more clues?

79% Signup and view all the answers

What should an officer do if a driver feels that their shoes will prevent them from completing the one-leg stand test?

Allow them to remove their shoes Signup and view all the answers

Which of the following is NOT a clue that may be observed during the walk-and-turn test?

Counting out loud Signup and view all the answers

Under what conditions should the one-leg stand test be performed?

On a stable, level, and non-slippery surface Signup and view all the answers

What is a potential condition that may interfere with a driver's performance of the walk-and-turn test?

Old age Signup and view all the answers

What is a common issue observed during the balancing stage of the one-leg stand test?

Taking too long to balance Signup and view all the answers

When observing the walk-and-turn test, what is an expected behavior that indicates impairment?

Missing steps while counting Signup and view all the answers

Which of the following is considered during the instructions stage of the one-leg stand test?

Telling the driver to lift one foot Signup and view all the answers

What should be documented if the walk-and-turn test is stopped early?

The reason for stopping the test Signup and view all the answers

What could be a reason for a driver’s poor performance during the one-leg stand test?

Having inner ear problems Signup and view all the answers

Where must all blood draws occur?

At a medical facility or in an ambulance Signup and view all the answers

Who can perform a blood draw?

Only authorized personnel Signup and view all the answers

What must be verified during a blood draw?

The blood kit is not expired and the blood is collected correctly Signup and view all the answers

Why may a certified drug recognition expert (DRE) be called to assist?

To investigate incidents involving drug-impaired drivers Signup and view all the answers

Under what circumstances can a blood test be administered?

Only with a warrant or voluntary consent Signup and view all the answers

What must be done if a driver has an injury that prevents them from taking a breath test?

Document the reason and request a blood draw or obtain a warrant Signup and view all the answers

What is the purpose of completing paperwork in a blood kit?

To verify the procedures of the blood draw Signup and view all the answers

Where can an officer request a lawfully arrested person to submit to a blood draw?

At a medical facility Signup and view all the answers

What must an officer ensure when collecting a blood sample?

That the blood kit is not expired and the blood is collected correctly Signup and view all the answers

What is the significance of verifying the procedures of a blood draw?

To ensure the blood collection follows established procedures Signup and view all the answers

Study Notes

Medical Marijuana Use Registry (MMUR)

A qualified patient or caregiver must have an MMUR identification card when in possession of marijuana or a marijuana delivery device
The card must be provided 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 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

Certain driver behaviors and physical reactions may indicate that the impaired driver is under the influence of medication
A driver may be lawfully in possession of prescription medication, but if the effects of the prescribed medication impair the person's ability to drive, they should be treated the same way as someone impaired by illegal drugs or alcohol

Medical Conditions That Mimic Impairment

Certain medical conditions may look like 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 a driver's impairment
Some medical conditions that may produce abnormal behavior include epilepsy, diabetes, head injury, or cognitive problems (dementia or Alzheimer's)

DUI Investigation

A DUI investigation may result from a crash investigation rather than a traffic stop
A crash investigation must be completed before beginning a DUI investigation
Recall that you need to change hats and formally transition to a DUI criminal investigation by making a verbal statement to the driver

Miranda Warning During DUI

A Miranda warning is not 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
Miranda warnings are not required before administering the SFSTs, but follow agency policies and procedures when determining whether to advise of a Miranda warning during a DUI investigation

Anyone who accepts the privilege of driving a motor vehicle in Florida consents to submit to testing for drug or alcohol impairment
Implied consent should not stop the officer from explaining their actions to the driver
When a driver refuses to submit to a breath, urine, or blood test, the law enforcement officer, corrections officer, or certified breath test operator reads or provides the implied consent warning

Refusal Affidavit

If a driver refuses to submit to a breath, urine, or blood test after the implied consent warning, complete a refusal affidavit along with a DUI citation
Sign and forward the refusal affidavit to the Department of Highway Safety and Motor Vehicles (DHSMV) as part of the DUI arrest report

Standardized Field Sobriety Tests (SFSTs)

Horizontal Gaze Nystagmus (HGN)

Move the stimulus all the way across the driver's face to check the left eye, holding that position for a minimum of four seconds
Repeat the procedure to observe distinct and sustained nystagmus at maximum deviation

Onset of Nystagmus Prior to 45°

Conduct two passes starting at 0°, beginning with the subject's left eye
Move slowly until you see nystagmus, holding the position and confirming that nystagmus is distinct and sustained
If you do not see nystagmus, continue until 45°, then return to 0° and repeat with the right eye

Vertical Gaze Nystagmus (VGN)

Hold the stimulus slightly above eye level, 12-15 inches from the driver's nose
Raise the object until the driver's eyes are elevated as far as possible, holding for a minimum of four seconds
Observe for vertical gaze nystagmus, which may indicate an alcohol concentration above 0.08

Walk-and-Turn Test

Document walk-and-turn clues, including not counting out loud, counting an incorrect number of steps, turning in the wrong direction, or uttering incriminating statements during the test
Be aware of conditions that may interfere with the driver's performance, such as wind, weather, age, weight, or footwear

One-Leg Stand Test

Conduct the one-leg stand test on a stable, level, and non-slippery surface, if possible
Certain drivers, such as those with back, leg, or inner ear problems, may have difficulty performing this test
Give drivers an opportunity to remove their shoes if they feel their shoes would prevent them from doing this test

If a driver under 21 refuses to submit to a breath test, read the implied consent for an 0.02 violation and issue a notice of license suspension if they still refuse.
Follow agency policy and procedures to deal with the vehicle and driver.

Note-Taking Guidelines for DUI Investigations

Recognize, gather, and document facts and circumstances that establish reasonable suspicion to stop and investigate a driver suspected of impaired driving.
Notes should document observations of impairment at the time the incident occurred and provide the information necessary to establish the evidence and elements of the DUI offense.
The court may subpoena field notes as evidence.

Importance of Clear and Descriptive Field Notes

Taking notes is one of the most important tasks in a DUI investigation.
Develop a shorthand or structured note-taking system to improve the effectiveness of handwritten field notes.
Use clear and descriptive language that creates mental pictures of the facts, circumstances, and events.

DUI Detection Process and Probable Cause for Arrest

The DUI detection process can provide probable cause for arrest.
Phase one of the DUI detection process begins when observing a vehicle in motion.
Decide whether to stop a vehicle based on observations of traffic violations, equipment violations, or unusual driving actions.

Reasonable Suspicion for Conducting a DUI Traffic Stop

Decide whether there is reasonable suspicion to instruct the driver to stop based on observations of the vehicle in motion.
Consider whether there is a traffic violation, equipment violation, or expired registration.
Ask yourself: "What is the vehicle doing? Do I have a reason to stop the vehicle?"

DUI Cues and Field Sobriety Tests (SFSTs)

DUI cues can be anything from a traffic statute violation to a driving observation.
The reliability of the SFSTs applies only when the officer administers the exercises in the prescribed, standardized manner, uses standardized clues to assess the driver, and employs standardized criteria to assess the level of impairment.
The National Highway Traffic Safety Administration (NHTSA) published studies that validated the SFSTs for use across the country.

Safe Location for Conducting SFSTs

Select a safe location, away from vehicle or pedestrian traffic, on a level surface with ample lighting.
At night, use lights to illuminate the location and minimize distracting lights.

Horizontal Gaze Nystagmus (HGN) Test

The first SFST in the pre-arrest screening process is the horizontal gaze nystagmus test.
Nystagmus is an involuntary jerking of the eyes that can occur naturally, environmentally, or from medical conditions.
Document nystagmus results accurately.

Walk-and-Turn Test

Conduct the walk-and-turn test on a stable, level, and non-slippery surface, if possible.
Certain drivers, such as those with back, leg, or inner ear problems, may have difficulty performing this test.
The walk-and-turn test consists of two stages: instructions stage and walking stage.

Breath Test and Urine Test

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 the 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.”
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, request a urine test.

Blood Test

Section 316.1932, F.S., outlines the criteria for conducting a blood test.
The test can be administered 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, and you were unable to conduct a breath test because it was impractical or impossible.

DUI Investigation Tools

Standardized Field Sobriety Tests (SFSTs) are three accurate and reliable tests to determine alcohol or drug impairment.

Effects of Alcohol on the Human Body

Alcohol is a central nervous system depressant.
It can cause impairment or loss of fine motor skills, hand-eye coordination, and judgment.
The human body processes alcohol through absorption, distribution, metabolism, and elimination.
Any amount of alcohol can affect a person's ability to drive.
The degree to which alcohol affects a person depends on how much they consume, the time frame, individual physiology, and food consumption.

Common Effects of Alcohol

Slowed reactions and perception-reaction time (PRT)
Poor judgment
Risk-taking behavior
Poor coordination

In Florida, anyone who accepts the privilege of driving a motor vehicle consents to submit to testing for drug or alcohol impairment.
Implied consent applies only to motor vehicles, not other vehicles.
If a driver refuses to submit to a breath, urine, or blood test, the law enforcement officer must read the implied consent warning.
If the driver still refuses, complete a refusal affidavit with a DUI citation.

Refusal Affidavit

If a driver refuses to submit to a breath, urine, or blood test, the officer must complete a refusal affidavit with a DUI citation.
The affidavit must be signed and forwarded to the Department of Highway Safety and Motor Vehicles (DHSMV) as part of the DUI arrest report.

DUI Field Notes

Note-taking is crucial in a DUI investigation to document facts and circumstances that establish reasonable suspicion to stop and investigate a driver suspected of impaired driving.
Field notes should be clear, descriptive, and support successful prosecution of the driver.

SFSTs

The reliability of the SFSTs applies only when the officer administers the exercises in the prescribed, standardized manner.
The officer must use standardized clues to assess the driver and employ standardized criteria to assess the level of impairment.
The National Highway Traffic Safety Administration (NHTSA) published studies that validated the SFSTs for use across the country.

Safe Location for SFSTs

Before conducting the SFSTs, select a safe location away from vehicle or pedestrian traffic and on a level surface with ample lighting.
At night, use lights to illuminate the location and minimize distracting lights.

Horizontal Gaze Nystagmus (HGN)

HGN is an involuntary jerking of the eyes.
Nystagmus can occur naturally, environmentally, or from medical conditions.
When a person is impaired by drugs or alcohol, nystagmus may be observed.
Resting nystagmus is the jerking of the eyes as the eyes look straight ahead.

One-Leg Stand Test

Record any facts, circumstances, conditions, or observations that may be relevant to this test.
If you observe two or more clues, it is likely that the driver's alcohol concentration is above 0.08.
Using this criterion, you should be able to classify about 83% of drivers accurately.
Document the reason the test was stopped if the driver is unable to safely complete it.

Concluding the DUI Investigation

Identify a wheel witness, someone who can place the driver in actual physical control of the vehicle at the time of the crash and provide a statement of observations of the crash and driver.
Collect other evidence to place the driver in actual physical control of the vehicle if there is no wheel witness.
Any statements the driver makes during the crash investigation will not be admissible in any criminal proceedings.

Medical Marijuana and Driving

A qualified medical marijuana patient or caregiver must carry a Medical Marijuana Use Registry (MMUR) identification card when in possession of marijuana or a marijuana delivery device.
The card must be presented 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 medical marijuana use.
Possession of the card does not relieve a person from submitting to a urine, blood, or other test to detect controlled substances.

Medication Effects

Some driver behaviors and physical reactions may indicate impairment due to medication.
Clues may include prescription bottles or leftover pills in the vehicle, the driver's admission of taking medication, or a medical alert bracelet.
If the effects of prescribed medication impair the person's ability to drive, treat the driver as if they are impaired by illegal drugs or alcohol.

Medical Conditions That Mimic Impairment

Certain medical conditions, such as epilepsy, diabetes, head injury, or cognitive problems (dementia or Alzheimer's), may cause abnormal behavior that resembles impairment.
Check for a medical alert card, bracelet, or indication on the driver's license to determine if a medical problem might cause the driver's impairment.

Divided Attention

Divided attention refers to the concept of divided attention, where the driver's attention is divided between multiple tasks.

Gathering Evidence During an Impaired Driver Traffic Stop

Phase two of the DUI detection process involves two major evidence-gathering tasks and one major decision.
Task one: Observe and talk with the driver in the vehicle, which begins as soon as both vehicles have come to a complete stop.
Task two: Observe the driver exiting the vehicle.
Based on observations, decide whether to administer the SFSTs, continue dialoguing with the driver while looking for additional evidence, or finish the contact if no impairment is observed.

Administering an HGN Test

Give the following instructions:
- "I am going to check your eyes."
- "Stand with your feet together (heels and toes) 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 you understand the instructions?"
Position the object about 12-15 inches from the driver's nose and slightly above their eye level.
Begin with the driver's left eye, then the right, and examine each eye twice.

Determining the Driver's Resting Nystagmus

Check for resting nystagmus and equal pupil size.
Note unequal pupil size and question the subject about it if present.

Providing Instructions for the Walk-and-Turn Test

The instructions stage divides the driver's attention between a balancing task and an information-processing task.
Give instructions and demonstrate from a safe position:
- "When I tell you to start, take nine heel-to-toe steps on the line, turn, and take nine heel-to-toe steps back."
- "When you turn, keep your front foot on the line, and turn by taking a series of small steps with the other foot, like this."
- "While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud."

Interpreting the Driver's Behavior During the Instructions Stage

Look for the following clues:
- The driver cannot keep balance during instructions.
- The driver starts walking too soon.

Documenting Walk-and-Turn Clues

Record the number of times each clue appears during the instructions stage.
Document the reason for stopping the test early if necessary.

One-Leg Stand Test

Conduct the test on a stable, level, and non-slippery surface, if possible.
Certain drivers may have difficulty performing this test due to back, leg, or inner ear problems.
Give them an opportunity to remove their shoes if they feel it would prevent them from doing the test.

Instructions Stage of the One-Leg Stand Test

Give instructions and demonstrate from a safe position:
- "Stand with your feet together and your arms at your side."

DUI Investigation

Evidence of a blood- or breath-alcohol level >0.05 but <0.08 does not necessarily mean the driver was under the influence of alcohol to the extent that their normal faculties were impaired.
A jury cannot make any presumption based on this evidence, but can consider it with other competent evidence to determine impairment.

Miranda Warning During DUI

A Miranda warning is not 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.
Follow agency policies and procedures when determining whether to advise of a Miranda warning during a DUI investigation.

Observing Nystagmus

Move the stimulus all the way across the driver's face to check the left eye, holding for a minimum of four seconds, then repeat for the right eye.
Slight jerking of the eye at maximum deviation may be observed in unimpaired individuals, but will not be evident or sustained for more than a few seconds.
Pronounced and sustained jerking (>4 seconds) indicates impairment.

Checking for Onset of Nystagmus Prior to 45°

Conduct two passes starting at 0°, moving slowly until nystagmus is observed, then hold and confirm that nystagmus is distinct and sustained.
The movement from 0° to 45° should take a minimum of four seconds.
Onset of nystagmus prior to 45° indicates a possible alcohol concentration >0.08 or drug use.

Checking for Vertical Gaze Nystagmus (VGN)

Hold the stimulus slightly above eye level, 12-15 inches from the driver's nose, and raise until the driver's eyes are elevated as far as possible.
Hold for about four seconds and watch closely for evidence of the eyes jerking up and down.
VGN is a reliable indicator of a high dose of alcohol or certain drugs.

Interpreting the HGN Test

The maximum number of clues that may appear in one eye is three, and the maximum number of total clues is six.
If four or more clues are observed, it is likely that the driver's alcohol concentration is >0.08.
Record any relevant facts, circumstances, conditions, or observations that may be relevant to the test.

One-Leg Stand Test

Divide the driver's attention between a balancing task and an information-processing task.
Give instructions and demonstrate from a safe position away from the driver.

Balance and Counting Stage of the One-Leg Stand Test

Give instructions and demonstrate the test, then have the driver perform it.
Time the test for 30 seconds with a time-measuring device.
Look for clues such as swaying while balancing, using arms to balance, hopping, or putting the foot down.

Blood Test

Determine when to obtain a blood test from an impaired driver, which may require a warrant.
Ensure the blood collection follows established procedures, including verifying the blood kit is not expired, the blood is collected in the appropriate vial, and the kit is identified with the driver's name, date, and time.

Using a Drug Recognition Expert

A certified drug recognition expert (DRE) is specially trained to investigate incidents involving drug-impaired drivers.
Contact a local DRE to assist in the investigation of a suspected drug-impaired driver if it is part of your agency's policies.

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Description

Learn about the rules and regulations surrounding the Medical Marijuana Use Registry (MMUR) identification card, including possession and criminal offense exemptions.

Medical Marijuana Use Registry Rules

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Questions and Answers

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

During a traffic stop, what must a qualified patient or their caregiver provide upon request?

What does possession of a Medical Marijuana Use Registry (MMUR) identification card exempt a person from?

How should you treat a driver who is impaired due to the medical use of marijuana?

What may indicate that a driver is under the influence of medication?

How should you determine if a medical problem might cause a driver's impairment?

What type of medical condition may produce abnormal behavior that mimics drug- or alcohol-induced impairment?

Why is it important to consider medical conditions that mimic impairment?

Which of these conditions may interfere with a driver's performance of the walk-and-turn test?

What is the primary goal of the instructions stage during the one-leg stand test?

What should you do if a driver is unable to safely complete the walk-and-turn test?

What is the recommended surface for conducting the one-leg stand test?

During the one-leg stand test, what should the officer instruct the driver to do first?

What is the threshold for the number of clues in the walk-and-turn test that suggests a driver's alcohol concentration is likely above 0.08?

Which of the following is NOT a clue that might be observed during the walk-and-turn test?

What must a driver do if lawfully arrested for DUI in Florida?

What should be done if a driver refuses to submit to a chemical test after the implied consent warning?

What action should an officer take after reading the implied consent warning to a driver?

Implied consent applies to which of the following situations?

What must be done for each requested test that is refused?

What additional action is required after completing a refusal affidavit?

Which of the following is NOT affected by implied consent laws?

What happens if a driver has a previous citation for refusal regarding implied consent?

What is the minimum duration for holding the stimulus at maximum deviation when checking for distinct and sustained nystagmus?

When observing the onset of nystagmus prior to 45°, how many passes should be conducted for each eye?

What is the minimum duration for the movement from 0° to 45° when checking for onset of nystagmus?

What is the significance of observing nystagmus before 45°?

How is vertical gaze nystagmus (VGN) characterized?

What is the minimum distance from the driver's nose that the stimulus should be held when checking for vertical gaze nystagmus?

What is the purpose of the eye movement test during a DUI traffic stop?

Which of the following is a key factor in determining if nystagmus is present before 45°?

According to Florida Statute 316.1934, what does a blood or breath alcohol level between 0.05 and 0.08 indicate?

What is the primary reason for changing "hats" and transitioning to a DUI criminal investigation after a crash investigation?

According to Berkemer v. McCarty, when is a Miranda warning required during a traffic stop?

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

Which of the following is NOT considered a factor that a jury may consider when determining whether a driver was under the influence of alcohol?

When is a Miranda warning NOT required during a DUI investigation?

What is the legal significance of the decision in Berkemer v. McCarty regarding DUI investigations?

What is the recommended course of action for an officer when determining whether to provide a Miranda warning during a DUI investigation?

When should an officer administer a urine test to a driver?

What should an officer do if a driver refuses to submit to a urine test?

Under what circumstances can a blood test be administered?

What is the purpose of completing a DUI citation, if the breath test result indicates an alcohol concentration below 0.08?

What should be written in the comments section of the UTC if the driver refuses to submit to a urine test?

What is the primary reason for conducting a urine test?

Which of the following is NOT a valid reason for administering a blood test?

What is the legal threshold for alcohol concentration that triggers a DUI citation?

Where must a urine test be administered?

What is the primary factor that determines whether a DUI citation or a UTC is completed?

What should you do if the driver is unable to safely complete the one-leg stand test?

What is the significance of observing two or more clues during the one-leg stand test?

What should you do when conducting a DUI crash investigation?

What may interfere with the driver's performance of the one-leg stand test?

What should you record in your field notes during the one-leg stand test?

What is the purpose of documenting the one-leg stand test clues?

What should you do if the driver makes incorrect counting or bending of the knees during the one-leg stand test?

What is the goal of the one-leg stand test?

What should you do if the driver is unable to complete the one-leg stand test due to a medical condition?

Why is it important to consider medical conditions that mimic impairment during the one-leg stand test?

What percentage of drivers can be accurately classified as likely having an alcohol concentration above 0.08 when observing two or more clues?

What should an officer do if a driver feels that their shoes will prevent them from completing the one-leg stand test?

Which of the following is NOT a clue that may be observed during the walk-and-turn test?

Under what conditions should the one-leg stand test be performed?

What is a potential condition that may interfere with a driver's performance of the walk-and-turn test?

What is a common issue observed during the balancing stage of the one-leg stand test?

When observing the walk-and-turn test, what is an expected behavior that indicates impairment?

Which of the following is considered during the instructions stage of the one-leg stand test?

What should be documented if the walk-and-turn test is stopped early?

What could be a reason for a driver’s poor performance during the one-leg stand test?

Where must all blood draws occur?

Who can perform a blood draw?

What must be verified during a blood draw?

Why may a certified drug recognition expert (DRE) be called to assist?

Under what circumstances can a blood test be administered?

What must be done if a driver has an injury that prevents them from taking a breath test?

What is the purpose of completing paperwork in a blood kit?