DUI

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According to FSS 322.2616, what is the blood or breath alcohol level threshold for a person under the age of 21 to drive?

0.02 percent or higher

What is the definition of 'probable cause' as per the standard operating procedure 61.03?

Where the facts and circumstances are sufficient to warrant a person's belief in an offense

What does DUI stand for?

Driving Under the Influence

How is a 'juvenile' defined in the context of standard operating procedure 61.03?

Any unmarried person under the age of eighteen

Who is responsible for administering breath tests using the Department's PBT instruments?

LEOs who are trained PBT operators

What should the LEO do if two breath samples yield breath alcohol levels of 0.02 or higher?

Issue a Notice of Suspension and take the driver's license

When should the LEO conduct the test using the PBT instrument?

After at least 15 minutes has elapsed since continuous observation of the driver

What is the appropriate action if a driver under 18 refuses to give a breath sample?

Fill out a juvenile referral form for in-house use only

What code should LEOs use when requesting a case number for .02 cases?

'PBT'

What is the LEO required to do if there is no arrest for another violation and the driver is age 18-20?

Release the driver and advise not to drive

What action should be taken if the driver gives one breath sample and then refuses to give a second sample?

Take whatever action is warranted based on the first sample

How should LEOs handle situations where two-breath samples yield breath alcohol levels of 0.02 or higher?

Issue a Notice of Suspension and take the driver's license

What should be done if a driver continues to refuse after being read an Implied Consent Warning?

Issue a Notice of Suspension and take the driver's license

What is required when filing .02 cases with DHSMV?

Complete all paperwork before end of shift and forward all reports to Records

What should a law enforcement officer (LEO) do when conducting a traffic stop and suspects that the driver's ability to operate a motor vehicle is impaired due to alcohol or controlled substances?

Request the driver to submit to a series of field sobriety tasks

What should a law enforcement officer (LEO) do if the driver is physically able after a traffic stop?

Ask the driver to move to a safe distance from the roadway and conduct field sobriety tasks

What task should be performed if a law enforcement officer (LEO) decides to tow a vehicle from the scene of a DUI arrest?

Fill out the tow receipt and have the tow truck driver sign it

What should an arresting law enforcement officer (LEO) do if the driver refuses an approved breath test?

Read the Implied Consent Warning and request the driver to submit to a second breath test

What should an Intoxilyzer operator do if the results of the breath test are .30 and above?

Transport the subject to the hospital for evaluation after notification of a supervisor

What should an arresting law enforcement officer (LEO) do if a driver consents to an approved breath test and the result is below the unlawful level?

Request a urine test if reasonable cause exists to believe that the driver is under the influence of a controlled/chemical substance as well

What procedure should be followed to seal and label the urine container box after taking a urine sample?

Fill out all information requested on the Specimen Security Seal, affix it to the bottle cap, and complete other necessary labels before sealing and labeling the box

What task should be completed by an Intoxilyzer operator after conducting a breath test?

Completing the DUI Influence Report and FDLE forms if applicable

In the case of a DUI crash resulting in serious bodily injuries or death, what will be obtained from the driver suspected of DUI?

A blood withdrawal

When must the blood withdrawal be obtained from the driver suspected of DUI in case of serious bodily injuries or death resulting from a crash?

In accordance with FSS 316.1933

Who is responsible for providing an authorized blood withdrawal kit when blood needs to be drawn by hospital staff?

The LEO (Law Enforcement Officer)

In a DUI case, when do LEOs proceed according to the DUI Traffic Stop procedure in the Standard Operating Procedure (SOP)?

If the driver suspected of impairment is not injured and no other persons are seriously injured

What action does an LEO take if probable cause exists to arrest a juvenile for DUI?

Follow the guidelines regarding juvenile DUI & traffic arrests in Departmental Standards Directive 44.100

What is done with the defendant's copy of the DUI citation given to an arrested driver?

It is used as a temporary driver's license for a specified number of days

What does the LEO do with the arrested driver's license in a DUI case with BAC level of .08% or higher and refusals?

Forward it in a filing packet to the Driver Improvement Office

When must DUI cases with a BAC level of .08% or higher and refusals be filed with the Driver Improvement Office?

Within 15 days of arrest

Test your knowledge of the misdemeanor process and procedures related to DUI crashes. Learn about the legal steps involved when a driver is suspected of impairment during a crash investigation.

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