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13 Unit 1: DUI Basics Lesson 1: Effects on Society and Deterrence Lesson Goal At the end of this lesson, you will know the effects of DUI on society and strategies to deter impaired driving. Drivers who are under the influence of drugs or alcohol pose a hazar...

13 Unit 1: DUI Basics Lesson 1: Effects on Society and Deterrence Lesson Goal At the end of this lesson, you will know the effects of DUI on society and strategies to deter impaired driving. Drivers who are under the influence of drugs or alcohol pose a hazard to themselves and others. This chapter provides information on how a law enforcement officer detects impaired driving, administers field sobriety tests, makes arrests when appropriate, and records the evidence of a DUI (driving under the influ- ence) offense. DUI: The Effects on Society and Deterrence Impaired driving is a major cause of traffic fatalities in the United States. Drivers show impairment for many reasons. These include alcohol, drugs, medical conditions, and mental or physical disabilities. Everyone bears the cost of impaired driving. Property damage, financial burden, injury, and death are all parts of the cost. Impaired drivers are more likely to take excessive risks, have slow reaction times, and are less likely to wear seatbelts. An important part of providing public safety is keeping roadways safe by detecting, inves- tigating, and removing impaired drivers. ; LE1311.1. Discuss how impaired driving affects public safety Driving under the influence (DUI) is both a societal and a law enforcement problem. The public and law en- forcement must work together to accomplish the goal of reducing the number of impaired drivers through education and deterrence. Education is an essential part of preventing impaired driving. Law enforcement not only enforces the DUI laws but also takes the time to educate the community through schools, civic groups, and special events. Deterrence is another major part of the solution. Successful DUI deterrence includes increased enforce- ment activity and identifying the cues and clues of impairment. Legal penalties for a DUI conviction include fines, incarceration, and a suspension of driver’s license. One of the primary tools you’ll use during a DUI investigation are the SFSTs. Standardized Field Sobriety Tests (SFSTs) are three accurate and reliable tests to determine alcohol or drug impairment. ; LE1311.2. Recognize law enforcement and community strategies to prevent impaired driving Chapter 13 DUI Traffic Stops / 493 13 Unit 1: DUI Basics Lesson 2: Alcohol and Drug Impairment Lesson Goal At the end of this lesson, you will understand the effects alcohol and drugs have on the human body when driving a motor vehicle. Alcohol and the Human Body Alcohol is a central nervous system depressant. It is among the most commonly misused substances in the United States. Alcohol may cause the impairment or loss of fine motor skills, hand-eye coordination, and judgment. Often, an alcohol-impaired person does not recognize their level of alcohol impairment. The human body processes alcohol through the following physiological processes: Absorption is the process by which alcohol enters the bloodstream. Distribution is the process by which the bloodstream carries alcohol to the body’s tissues and organs. Metabolism is the process by which the body breaks down alcohol for elimination. Elimination is the process by which the body expels alcohol through exhaled breath, sweat, tears, saliva, and urine. Any amount of alcohol can affect a person’s ability to drive. The degree to which alcohol affects a person depends on how much alcohol they consume, the length of time over which they consume it, the individual physiology and physical size of the person, and whether the person has eaten any food. ; LE1312.1. Describe how the body processes alcohol Common mental and physical effects of alcohol may include the following: slowed reactions and perception-reaction time (PRT) poor judgment taking risks poor coordination ; LE1312.2. List common behaviors of a driver impaired by alcohol 494 / Florida Basic Recruit Training Program (LE): Volume 1  Figure 13-1: Common symptoms of alcohol influence Drug Categories Some drug-impaired drivers look and act very much like alcohol-impaired drivers, while others look and act very differently. Drug-impaired drivers are dangerous to themselves and to everyone else on the road. To convict a person of driving under the influence of drugs, the drug must be a controlled substance as defined in chapter 893, F.S., or a chemical substance as indicated in s. 877.111, F.S. Drugs that impair drivers fall into seven major categories based on the observable signs and symptoms the drugs produce. 1. CNS (central nervous system) depressants (alcohol, antidepressants, barbiturates) 2. CNS stimulants (amphetamines, cocaine) 3. hallucinogens (ecstasy, LSD, psilocybin) 4. dissociative anesthetics (PCP and ketamine) 5. narcotic analgesics (heroin, morphine, opium) 6. inhalants (aerosols, paint thinner) 7. cannabis (marijuana) and medical marijuana ; LE1312.3. List the seven categories of controlled and chemical substances that impair driving Chapter 13 DUI Traffic Stops / 495 Polydrug Use You may encounter drivers who are impaired by polydrug use, which is using drugs from two or more drug categories at the same time. Examples include: drinking alcohol while smoking marijuana or taking pain medication sprinkling PCP on marijuana joints combining heroin with cocaine These combinations often increase impairment. Impairment can also occur when a person combines alco- hol with prescription medication. ; LE1312.4. List examples of polydrug use Medical Marijuana Section 381.986, F.S., permits the medical use of marijuana by qualified patients with specific medical con- ditions. A qualified patient, or the qualified patient’s caregiver, must be in immediate possession of a Medi- cal Marijuana Use Registry (MMUR) identification card when in possession of marijuana or a marijuana delivery device. During a traffic stop, they must provide the card to you upon request. The card does not exempt the person from criminal offense or prosecution related to impairment resulting from the medi- cal 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. ; LE1312.5. Describe the statutory requirements for a medical marijuana patient driving in Florida Medication Effects Some driver behaviors and physical reactions may indicate that the impaired driver is under the influence of medication. The driver may have prescription bottles or leftover pills with them in the vehicle. The driver may tell you they are taking medications, or their driver’s license may show that they are required to wear a medical alert bracelet. A driver may be lawfully in possession of prescription medication. However, if the effects of the prescribed medication impair the person’s ability to drive, treat the driver the same way you would treat someone who is impaired by illegal drugs or alcohol. ; LE1312.6. Discuss how to determine if a driver is under the influence of medication Medical Conditions That Mimic Impairment Certain medical conditions may look like drug- or alcohol-induced impairment. To determine if a medical problem might cause a driver’s impairment, check whether the driver has a medical alert card, bracelet, or if it is indicated on their driver’s license. Some medical conditions that may produce abnormal behavior include epilepsy, diabetes, head injury, or cognitive problems (dementia or Alzheimer’s). 496 / Florida Basic Recruit Training Program (LE): Volume 1 High or low blood-sugar levels may cause a diabetic person to drive erratically. Their breath could smell like alcohol, or they could seem disoriented or impaired. If you suspect a medical condition is causing impairment, call EMS. If you do not think the driver is having medical issues and there are signs of drug or alcohol impairment, continue with the DUI investigation. ; LE1312.7. Determine if a medical condition impairs a person’s ability to drive Chapter 13 DUI Traffic Stops / 497 13 Unit 1: DUI Basics Lesson 3: Legal Issues Lesson Goal At the end of this lesson, you will know the legal limits and elements for a DUI arrest. Think About This You stop a vehicle. The driver is younger than 21, and you notice signs of impairment. You can smell the odor of an alcoholic beverage. What do you do? Legal Terms To successfully enforce DUI traffic law, you should be familiar with Florida’s DUI laws, stay up to date on case law, and know relevant terms. Under s. 316.1934, F.S., a person is driving under the influence (DUI) if they are driving or in actual physical control of a vehicle while impaired by alcohol or certain chemical or controlled substances to the extent that the person’s normal faculties are impaired. Normal faculties include a person’s ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and normally per- form the mental and physical acts of daily life. Recall that drivers who are deaf or hard of hearing, or with a developmental disability, may have a designator on the front and back of their driver’s license. Use your training and sound judgment to make the distinction between a disabled driver and a person who is driving under the influence. A person is in actual physical control of a vehicle if the person is physically in or on the vehicle and has the capability to operate the vehicle, regardless of whether the person is actually operating the vehicle at the time. A person can be arrested and prosecuted for a DUI even if they were not actually driving. For ex- ample, a person who is asleep or passed out in the front seat of a vehicle, with the key in their possession, is in actual physical control of the vehicle and is subject to arrest. You can arrest a person for DUI on any road on public or private property within the state of Florida. You can also arrest a person for DUI even if the person is driving a vehicle other than a motor vehicle, such as a bicycle, golf cart, or ATV. Arrest and Evidence Gathering Section 316.193, F.S., states that a person commits the offense of DUI if the person is driving or in actual physical control of a vehicle, and the following applies: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; 498 / Florida Basic Recruit Training Program (LE): Volume 1  (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 millili- ters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. The Florida Statutes establish a legal presumption based on the driver’s blood- or breath-alcohol level. If the driver’s alcohol concentration was 0.08 or higher, a jury is to presume that the driver was under the influence of alcohol to the extent that their normal faculties were impaired. Section 316.1934, F.S., states that evidence of a blood- or breath-alcohol level greater than 0.05 but less than 0.08 does not necessarily mean that 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. How- ever, a jury may consider the alcohol concentration with other competent evidence, such as the driver’s driving pattern, the officer’s personal contact with the driver, and the SFSTs, to determine whether the driver was under the influence of alcohol to the extent that their normal faculties were impaired. Sometimes a DUI investigation results from a crash investigation rather than a traffic stop. A crash investi- gation must be completed before you begin your DUI investigation. Recall from Chapter 12 that you need to change hats and formally transition to a DUI criminal investigation by making a verbal statement to the driver. Questions you asked during the crash investigation that support criminal charges, you must ask again after you’ve read the driver their Miranda rights, allowing you to use the new answers as evidence in the criminal investigation. ; LE1313.1. Describe the elements required for arrest and conviction for DUI in Florida Miranda Warning During DUI You are not required to give a Miranda warning during a traffic stop when you temporarily detain a mo- torist to ask a few brief questions and issue a citation. This comes from the decision made in Berkemer v. McCarty, in which the U.S. Supreme Court ruled the following: A Miranda warning applies to interrogations involving minor traffic offenses. Routine questioning of a driver during a traffic stop is not an interrogation. Miranda warnings are not required before you administer the SFSTs; however, when determining whether to advise of a Miranda warning during a DUI investigation, follow your agency policies and procedures. ; LE1313.2. Determine when to issue a Miranda warning during a DUI traffic stop Implied Consent Anyone who accepts the privilege of driving a motor vehicle in Florida consents to submit to testing for drug or alcohol impairment. Section 316.1932, F.S., states that under implied consent, if an officer lawfully arrests a driver for driving or being in actual physical control of a motor vehicle while under the influence, the driver must submit to a breath, urine or blood test to determine the alcohol content or the presence of a chemical or controlled substance in their breath, urine, or blood. Implied consent should not stop the officer from explaining their actions to the driver. If it is not a motor vehicle, the driver is not subject to implied consent. Chapter 13 DUI Traffic Stops / 499 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. After you read the implied consent warning to the driver, ask the driver again if they will submit to the test. ; LE1313.3. Describe the role of implied consent during a DUI traffic stop Figures 13-2 and 13-3: Implied consent warnings 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. You must read the implied consent warning for each test you request that is refused. Conduct an FCIC/NCIC, DAVID, or criminal history database search to see if a driver has had a previous citation for refusal. Issue the DUI citation and the uniform traffic citation (UTC) for the second refusal to submit to testing. ; LE1313.4. Describe how to issue a citation for a DUI offense of refusal 500 / Florida Basic Recruit Training Program (LE): Volume 1 Commercial Motor Vehicle DUI A person who has any alcohol in their body may not drive or be in actual physical control of a commercial motor vehicle (CMV) in the state of Florida. Follow your agency policies and procedures for CMV-related enforcement. If you arrest a driver 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, subject to an administrative hearing. This penalty applies if the driver refuses to submit to a breath, urine, or blood test to determine alcohol concentration or if the driver is driving a CMV with an alcohol concentration of 0.04 or higher, even if the decision to arrest is not made. Other conditions and penalties may apply, depending on the circumstances. If you suspect a DUI violation, conduct a DUI investigation. ; LE1313.5. Determine if a driver of a commercial motor vehicle is impaired Drivers Younger Than 21 (0.02 Violation) It is unlawful for a person younger than 21, who has a blood-alcohol level or breath-alcohol level of 0.02 or higher, to drive or be in actual physical control of a motor vehicle. Section 322.2616, F.S., outlines instruc- tions for conducting a traffic stop involving a driver younger than 21. Conduct a DUI investigation. If the subject is not arrested for DUI, proceed with the 0.02 investi- gation, based on the odor of alcohol on their breath. 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, and being detained on this violation does not constitute an arrest. The driver is subject to administrative action by DHSMV, which may sus- pend driving privileges by issuing a notice of suspension to the driver at the time of the offense. If the driver refuses to submit to a breath test, read the implied consent for an 0.02 violation. If they still refuse, issue a notice of license suspension for the 0.02 violation. Follow agency policy and procedures to deal with the vehicle and driver. ; LE1313.6. Determine if a driver younger than 21 is impaired Chapter 13 DUI Traffic Stops / 501 13 Unit 1: DUI Basics Lesson 4: DUI Field Notes Lesson Goal At the end of this lesson, you will know how to take clear and descriptive field notes to support a DUI report. Note-Taking Guidelines You will need to recognize, gather, and document facts and circumstances that establish reasonable suspi- cion to stop and investigate a driver suspected of impaired driving. Your notes will document your observations of impairment at the time the incident occurred and will pro- vide the information necessary to establish the evidence and elements of the DUI offense. The court may subpoena your field notes as evidence. Your field notes help you to complete the DUI report forms and support successful prosecution of the driver. ; LE1314.1. Recognize the importance of taking clear and descriptive field notes in a DUI investigation Taking notes is one of the most important tasks in a DUI investigation. The evidence you observe and document is largely sensory (sight, smell, hearing) in nature and is extremely short-lived. Take notes throughout the DUI detection process. Develop your own shorthand or structured note-taking system to improve the effectiveness of handwrit- ten field notes. Use clear and descriptive language that creates mental pictures of the facts, circumstances, and events. Below is an example of how you can write your notes to explain the specific information you will later need to put in your report. Refer to Chapter 4 for more information on taking notes. Unclear Language Descriptive Language Driver appeared drunk Driver’s eyes bloodshot; gaze fixed; hands shaking Smelled alcohol Odor of alcoholic beverage on driver’s breath Vehicle stopped in unusual manner or location Vehicle struck or climbed curb; stopped on sidewalk Vehicle crossed the centerline Vehicle completely crossed the centerline into the opposing traffic lane 502 / Florida Basic Recruit Training Program (LE): Volume 1 Whenever possible, complete DUI field notes before you leave the site of the arrest. You will use these notes to refresh your memory, write the arrest report, and testify in court. During the DUI investigation, accurately note the following: descriptions of the vehicle in motion, including observations of the vehicle and the vehicle stop descriptions of the vehicle, the location, weather, terrain, the date and time the incident occurred personal contact with the driver, including observations of the driver’s manner of speech (also admissions), attitude, and clothing; note any physical evidence collected the results of the investigation any other evidence specific to the incident ; LE1314.2. Describe the information to include in DUI field notes Chapter 13 DUI Traffic Stops / 503 13 Unit 2: Conducting the DUI Investigation Lesson 1: DUI Detection Process Lesson Goal At the end of this lesson, you will know the three phases of the DUI detection process to determine sufficient probable cause for arrest. Before you determine whether or not to arrest a driver for a DUI offense, you must identify and gather evi- dence using the DUI detection process. The detection process begins when you first suspect that a driver may be impaired and ends when you determine there is or is not sufficient probable cause to arrest the person for a DUI offense. The DUI investigation involves three phases of detection: Phase one: vehicle in motion—observing the way the driver operates and stops the vehicle Phase two: personal contact—observing and speaking with the driver face to face Phase three: pre-arrest screening—administering the SFSTs to the driver to determine if there is probable cause to arrest for DUI The DUI detection process does not always include all three phases. Sometimes the officer does not have the opportunity to observe the driver operating the vehicle. Examples can include: the driver is passed out behind the wheel of a vehicle that is not in motion at the scene of a traffic crash a request for motorist assistance Sometimes you are unable to conduct the SFSTs on the driver, for example when the driver is physically unable to perform the SFSTs, transported to the hospital, or refuses to submit to the SFSTs. At the conclusion of each phase of the DUI detection process, you will need to decide whether to continue to the next phase. Officers who are successful in the DUI detection process: know what to look, listen, and smell for apply their knowledge and skills whenever they come into contact with someone who may be under the influence of drugs or alcohol have the skills to ask the right kinds of questions 504 / Florida Basic Recruit Training Program (LE): Volume 1  properly administer the SFSTs properly document all phases of the DUI detection process ; LE1321.1. Describe how the DUI detection process can provide probable cause for arrest Chapter 13 DUI Traffic Stops / 505 13 Unit 2: Conducting the DUI Investigation Lesson 2: Phase One—Vehicle in Motion Lesson Goal At the end of this lesson, you will know whether to stop a vehicle based on the information gathered in phase one of the DUI detection process. Think About This You stop a vehicle for a traffic violation. You see the driver may be impaired and ask them to step out of the vehicle to conduct the SFSTs. The driver exits the vehicle and does not successfully complete the SFSTs as demonstrated and instructed, and does not exhibit the cues/clues required. What decision or factors would you consider when making your arrest decision? Phase one begins when you observe the vehicle in motion. You may notice a vehicle because of a traffic violation, an equipment violation, or an expired registration. You may notice unusual driving actions, such as weaving within a lane or moving at slower than normal speed. You have three choices: stop the vehicle for further investigation, continue to observe the vehicle, or take no action. Based on your observations, decide if there is reasonable suspicion to instruct the driver to stop. Ask yourself these questions: What is the vehicle doing? Do I have a reason to stop the vehicle? If you decide to stop the vehicle, continue to observe as the driver responds to your signal to stop. Take note of any additional cues of a possible DUI violation. A cue is a reminder, prompt, or a signal to do some- thing, such as take law enforcement action or observe the vehicle more closely. ; LE1322.1. Describe the role of reasonable suspicion for conducting a DUI traffic stop DUI Cues On patrol, you will see many signs of an impaired driver. They can be anything from a traffic statute viola- tion to a driving observation. There are multiple indicators of driving impairment. While on patrol, you must observe driving patterns and violations. These may indicate that there is impairment, a vehicle prob- lem, or a medical emergency. 506 / Florida Basic Recruit Training Program (LE): Volume 1 Below are some of the visual cues that may indicate 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 appearing to be impaired ; LE1322.2. List driver impairment cues for a vehicle in motion Chapter 13 DUI Traffic Stops / 507 DUI Motorcyclist Visual Cues Driving impairment cues for motorcyclists include: drifting during turn or curve trouble dismounting trouble balancing at a stop problems turning (unsteadiness, sudden corrections, late braking, improper lean angle) weaving moving erratically while going straight operating without lights at night driving recklessly (for example, driving on one wheel or at high speeds) following too closely running a stop light or sign evading the officer going the wrong way ; LE1322.3. List impairment cues for a motorcyclist Vehicle Stop After directing the driver to stop the vehicle, the impaired driver may show additional evidence of DUI such as: attempting to flee not responding responding slowly swerving abruptly stopping suddenly striking the curb or another object ; LE1322.4. List driver impairment cues when stopping the vehicle Some of these cues occur because the stop places extra demands on the driver’s ability to divide their at- tention among various tasks. Divided attention is the ability to concentrate on two or more tasks at the same time. While under the influence of alcohol or drugs, a driver’s ability to divide attention is impaired. 508 / Florida Basic Recruit Training Program (LE): Volume 1 An impaired driver may have difficulty steering, controlling the accelerator, signaling, or making driving and stopping decisions (whether to stop, turn, speed up, or slow down). Once the driver stops the vehicle, do not ask them to move their vehicle to a safer location. Telling an impaired driver to move their vehicle could create an unsafe situation for the driver, the officer, and the community. ; LE1322.5. Describe the concept of divided attention Chapter 13 DUI Traffic Stops / 509 13 Unit 2: Conducting the DUI Investigation Lesson 3: Phase Two—Personal Contact Lesson Goal At the end of this lesson, you will know whether to administer the SFSTs to a driver based on infor- mation gathered in phase two of the DUI detection process. Phase two has two major evidence-gathering tasks and one major decision. Task 1: Observe and talk with the driver in the vehicle. Task 2: Observe the driver exiting the vehicle. Based on these observations, you have to make a major decision. Administer the SFSTs, continue dialogu- ing with the driver while looking for additional evidence, or finish the contact if you do not observe any impairment. Phase one may not be possible so you may move on to phase two. ; LE1323.1. Describe how to gather evidence during an impaired driver traffic stop Task One: Observe and Talk With the Driver The first task of phase two—observe and talk with the driver—begins as soon as both the driver’s vehicle and the patrol vehicle have come to complete stops. It continues through your approach to the vehicle and involves all conversation between you and the driver. In some cases, your initial face-to-face contact with the driver may give you the first indications that the driver is impaired. For example, you stop a vehicle for an equipment violation and notice signs of impairment only as you talk with the driver. Whether or not the driver is impaired, treat the driver and all occupants with fairness, dignity, and respect as you search for clues. Use your senses when observing the driver to provide clues of alcohol or drug impairment. What do you see or smell? During a DUI investigation, a clue is a piece of evidence that suggests impairment. Clues are also the behaviors observed during the performance of SFSTs. Some observable signs of impairment include: bloodshot eyes soiled clothing (urine, feces, vomit) alcohol containers, drugs, or drug paraphernalia odor of alcoholic beverages or marijuana smoke 510 / Florida Basic Recruit Training Program (LE): Volume 1  cover-up odors like breath spray or tobacco smoke fumbling with driver’s license or paperwork or with motor vehicle controls ; LE1323.2. List observable clues of driver impairment Talking with the driver does not replace the SFSTs but can still be useful for obtaining evidence of impair- ment to establish reasonable suspicion. Use techniques that apply the concept of divided attention, which will require the driver to concentrate on two or more things at the same time. For example, while the driver is seated in their vehicle, ask for two things in one request. Ask the driver to produce both their driver’s license and the 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, this may indicate impairment. ; LE1323.3. Describe how to conduct a divided attention test for driver impairment An impaired driver may: be slow to respond to you slur their speech ask you to repeat questions admit to drinking repeat your questions or comments provide inconsistent responses provide incorrect information use abusive language change answers Once reasonable suspicion is evident, ask the driver to exit the vehicle. If there is not reasonable suspicion, let them go. ; LE1323.4. List verbal clues of driver impairment Task Two: Observe the Driver Exiting the Vehicle Instruct the driver to exit the vehicle. Keep officer and driver safety in mind at all times. Safety considerations take precedence over all other considerations. As the driver exits, observe their behaviors. Look for clues, such as if the driver: cannot follow instructions cannot open the door leaves the vehicle in gear climbs out of the vehicle sways or staggers while walking Chapter 13 DUI Traffic Stops / 511  leans against the vehicle or another object places hands on the vehicle for balance At this point in the DUI detection process, the officer will make the decision, whether or not to proceed to phase three. ; LE1323.5. List the impairment clues of a driver who is exiting the vehicle 512 / Florida Basic Recruit Training Program (LE): Volume 1 13 Unit 2: Conducting the DUI Investigation Lesson 4: Phase Three—Pre-arrest Screening Lesson Goal At the end of this lesson, you will know why the SFSTs are used to determine a driver’s level of impairment. Phase three of the DUI investigation is the pre-arrest screening process, which is administering the SFSTs. For many years, law enforcement officers have used field sobriety tests to determine whether a driver is too impaired to operate a vehicle. Officers now use the SFSTs to assess a driver’s level of impairment, develop probable cause for arrest, and produce test results as evidence in court. The SFSTs consist of the horizontal gaze nystagmus test and two psychophysical tests: walk and turn, and one-leg stand. Horizontal gaze nystagmus (HGN) is an involuntary jerking that occurs as the eyes move toward the side. A psycho- physical test is a divided attention test that measures a person’s ability to perform both mental and physi- cal tasks at the same time. The reliability of the SFSTs applies only when the officer: administers the exercises in the prescribed, standardized manner uses the standardized clues to assess the driver employs the standardized criteria to assess the level of impairment of the driver If you change any of the SFST elements, you may compromise the reliability of the tests. The SFSTs are components in determining whether probable cause exists to arrest the driver for DUI. The National Highway Traffic Safety Administration (NHTSA) published studies that validated the SFSTs for use across the country. Officers made correct arrest decisions 91% of the time based on the three SFSTs. These studies supported arrest decisions at, above, or below a 0.08 blood concentration level. ; LE1324.1. Describe how to maintain the reliability and validity of the SFSTs Select a Safe Location Before conducting the SFSTs, select a safe location, away from vehicle or pedestrian traffic and on a level surface that has ample lighting. At night, use lights to illuminate the location, and, if possible, minimize distracting lights. ; LE1324.2. Describe a safe location to conduct the SFSTs Chapter 13 DUI Traffic Stops / 513 13 Unit 3: Standardized Field Sobriety Tests Lesson 1: Horizontal Gaze Nystagmus (HGN) Lesson Goal At the end of this lesson, you will know how to administer, interpret, and document a nystagmus test. The first SFST in the pre-arrest screening process is the horizontal gaze nystagmus test. Nystagmus Nystagmus is an involuntary jerking of the eyes. Many types of nystagmus can occur naturally, environ- mentally, or from medical conditions. When a person is impaired by drugs or alcohol, nystagmus may be observed. The person experiencing nystagmus usually does not know it is occurring. Resting nystagmus is the jerking of the eyes as the eyes look straight ahead. This condition, though not frequently seen, usually indicates a pathological disorder or high doses of a drug, such as PCP. You should make note of any abnormalities observed or reported by the driver, then proceed with the HGN test. The higher the degree of impairment, the sooner you will observe the nystagmus. HGN Testing When you administer the HGN test, keep your weapon side away from the driver for officer safety. Give the following instructions: 1. “I am going to check your eyes.” (“Do you wear glasses or contacts?” If they are wearing glasses ask them to remove their glasses.) 2. “Stand with your feet together (heels and toes) and your hands down at your side.” (The subject may also be seated.) 3. “Keep your head still and follow this object with your eyes only.” 4. “Do not move your head.” 5. “Do you understand the instructions?” While administering the HGN test, have the driver follow the motion of a small object with their eyes only. Position the object about 12–15 inches from the driver’s nose and slightly above their eye level. The object may be the tip of a pen or penlight, an eraser on a pencil, or a fingertip, whichever contrasts with the back- ground. Begin with the driver’s left eye, then the right, and examine each eye twice. ; LE1331.1. Describe how to administer an HGN test 514 / Florida Basic Recruit Training Program (LE): Volume 1  1. Check for resting nystagmus and equal pupil size. (Note unequal pupil size and if present, ques- tion the subject about it.) ; LE1331.2. Determine the driver’s resting nystagmus 2. Check for equal tracking. Equal tracking is the ability of the eyes to track together as they follow an object. Check that the driver’s eyes can track together by moving an object smoothly across the driver’s entire field of vision two times. If the eyes do not track together, it could indicate a possible medical disorder, injury, or blindness. Ask the driver if they have a medical condition or injury that hinders one or both eyes from tracking together, as this could possibly affect nystag- mus observed. Check to ensure that the driver’s pupils are equal in size. If you observe unequal pupil size, it could indicate a possible medical disorder or injury. 3. Check for lack of smooth pursuit. Lack of smooth pursuit occurs when the eye of an impaired driver jerks or bounces as the eye follows a smoothly moving stimulus. In contrast, the eye of an unimpaired driver will follow smoothly like a marble rolling across a smooth pane of glass. Check the driver’s left eye by moving the stimulus to the right. Move the stimulus smoothly at a speed that requires approximately two seconds to bring the driver’s eye as far to the side as it can go. While moving the stimulus, look at the driver’s eye and determine whether it is able to pursue smoothly. Next, move the stimulus all the way to the left, back across the driver’s face, checking if the right eye pursues smoothly. Movement of the stimulus takes approximately two seconds out and two seconds back for each eye. Then repeat the procedure. ; LE1331.3. Describe how to observe lack of smooth pursuit 4. Check for distinct and sustained nystagmus at maximum deviation. The distinct and sustained nystagmus at maximum deviation clue occurs when the gaze of the eye has moved as far as it can go toward the shoulder, and no white is visible at the outside of the eye. You can observe the eye jerk when it is held at maximum deviation for a minimum of four seconds. Have the driver hold the eye at that position for a minimum of four seconds, while you observe the eye distinct and sustained nystagmus. 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. Then repeat the procedure. Some people exhibit slight jerking of the eye at maximum deviation even when unimpaired, but the jerking will not be evident or sustained for more than a few seconds. When impaired by alcohol, the jerking will be more pronounced, sustained for more than four seconds, and easily observ- able. ; LE1331.4. Describe how to observe distinct and sustained nystagmus at maximum deviation 5. Check for the onset of nystagmus prior to 45° clue. Conduct two passes starting at 0° beginning with the subject’s left eye. Move slowly until you see nystagmus. If you observe nystagmus, hold the position and confirm that nystagmus is distinct and sustained. If you do not see nystagmus, continue until 45°. Return to 0° and repeat with the right eye. The movement from 0° to 45° should take a minimum of four seconds. This estimate of a 45° angle is a critical factor in checking for onset of nystagmus before 45°. If the point at which you first see the eye jerking begins before 45°, it is possible that the driver has an alcohol concentration above 0.08 or has taken drugs. ; LE1331.5. Describe how to observe onset of nystagmus prior to 45° Chapter 13 DUI Traffic Stops / 515  Figure 13-4: Onset of nystagmus prior to 45° 6. Check for vertical gaze nystagmus. Vertical gaze nystagmus (VGN) is the involuntary jerking of the eyes as they move upward and are held at maximum deviation for a minimum of four sec- onds. Hold the stimulus slightly above eye level 12–15 inches from the driver’s nose. Be aware of your position in relation to the driver at all times. Raise the object until the driver’s eyes are elevated as far as possible. Hold for about four seconds. Watch closely for evidence of the eyes jerking up and down. Repeat for two passes. There is no known drug that will cause VGN without causing at least four clues of HGN. If VGN is present and HGN is not, it could be a medical condi- tion. VGN was not included in the SFSTs in the original research; however, it is a reliable indicator of a high dose of alcohol for that individual and can also be caused by certain drugs. ; LE1331.6. Describe how to administer the VGN check The maximum number of clues that may appear in one eye is three. The maximum number of total clues observed is six. 1. Lack of smooth pursuit (left eye) 2. Lack of smooth pursuit (right eye) 3. Distinct and sustained nystagmus at maximum deviation (left eye) 4. Distinct and sustained nystagmus at maximum deviation (right eye) 5. Onset of nystagmus before 45° (left eye) 6. Onset of nystagmus before 45° (right eye) 516 / Florida Basic Recruit Training Program (LE): Volume 1 The indications of impairment build upon each other. For example, if you do not have lack of smooth pur- suit then you will not have distinct and sustained nystagmus at maximum deviation. Based on the research, if you observe four 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 88% of drivers accurately. ; LE1331.7. Discuss how to interpret the HGN test In your notes, record any facts, circumstances, conditions, or observations that may be relevant to the test, for example, if you observe the odor of an alcoholic beverage on the driver’s breath at the time of the test. You may observe other clues during the HGN test, such as: inability to keep the head still, noticeable swaying, or self-incriminating statements. Examples of conditions that may interfere with a driver’s perfor- mance of the HGN test include wind or dust irritating the eyes, or visual or other distractions. ; LE1331.8. Describe how to document nystagmus results Chapter 13 DUI Traffic Stops / 517 13 Unit 3: Standardized Field Sobriety Tests Lesson 2: Walk and Turn Lesson Goal At the end of this lesson, you will know how to administer, interpret, and document a walk-and- turn test. Think About This You are administering the SFSTs and the driver tells you they can’t do the walk and turn and one-leg stand because they have bad knees. You administer the HGN and they exhibit the clues for impairment. Do you make the arrest? Walk-and-Turn Test Conduct the walk-and-turn test on a stable, level, and non-slippery surface, if possible. Make sure there is enough room for the driver to complete nine heel-to-toe steps. Certain drivers, such as those with back, leg, or inner ear problems, may have difficulty performing this test. Give them an opportunity to remove their shoes if they feel their shoes would prevent them from doing this test. The walk-and-turn test consists of two stages: instructions stage and walking stage. ; LE1332.1. Describe the optimal conditions for conducting the walk-and-turn test Instructions Stage In the instructions stage you tell the driver how to position themselves before walking and have them demonstrate the position. Give instructions and demonstrate from a safe position from the driver. Do not turn your back to the subject. 1. “Place your left foot on the line.” (real or imaginary) 2. “Place your right foot on the line ahead of your left foot with the heel of your right foot against the toe of your left foot.” 3. “Place your arms down at your sides.” 4. “Maintain this position until I have completed the instructions. Do not start to walk until told to do so.” 5. “Do you understand the instructions so far?” Make sure the driver indicates that they under- stand. 518 / Florida Basic Recruit Training Program (LE): Volume 1 The instructions stage divides the driver’s attention between a balancing task (standing with toes facing forward while maintaining the heel-to-toe position) and an information-processing task (listening to and remembering instructions). ; LE1332.2. Describe how to provide instructions for the walk-and-turn test Look for the following clues: 1. The driver cannot keep balance during instructions.  Record this clue if the driver does not maintain the heel-to-toe position throughout the instructions. The feet must actually break apart.  Do not record this clue if the driver sways or uses the arms to balance but maintains the heel-to-toe position. 2. The driver starts walking too soon: The driver begins to walk before you tell them to. During the instructions stage, record the number of times each clue appears. ; LE1332.3. Interpret the driver’s behavior during the instructions stage of the walk-and-turn test Walking Stage In the walking stage you tell the driver how to walk to complete the test and have them walk. Give instructions and demonstrate from a safe position from the driver: 1. “When I tell you to start, take nine heel-to-toe steps on the line, turn, and take nine heel-to-toe steps back.” (Demonstrate a minimum of three heel-to-toe steps.) 2. “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.” 3. “While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud.” 4. “When I tell you to begin, take nine heel-to-toe steps down the line. On the ninth step, keep your forward/front foot on the line, and take a series of small steps to turn around. Return nine heel to-toe steps back down the line.” (Demonstrate.) 5. “While walking, watch your feet at all times, keep your arms at your side, and count your steps out loud. Once you begin, do not stop until the exercise is completed.” 6. “Do you have any physical injuries or limitations that would keep you from completing this test?” (If the answer is yes, move on to the next test and record their answer in your notes.) 7. “Do you understand the instructions?” Make sure the driver indicates that they understand. 8. “Begin and count your first step from the heel-to-toe position as ‘One.’ ” Chapter 13 DUI Traffic Stops / 519 At the end of the test, examine each clue and only record each clue once. The maximum number of clues observed for any driver is eight; however, you can observe each clue multiple times. ; LE1332.4. Describe how to provide instructions for the walking stage of the walk-and-turn test Look for the following clues: 1. Stops walking 2. Misses heel-to-toe: The driver leaves a space of more than ½ inch between the heel and toe on any step. 3. Steps off the line: The driver places one foot entirely off the line. 4. Uses arms for balance: The driver raises one or both arms more than 6 inches from the sides to maintain balance. 5. Improper turn:  The driver removes the front foot from the line while turning.  The driver has not followed directions as demonstrated, spins or pivots around, or loses balance while turning. 6. Incorrect number of steps: The driver takes anything other than nine steps in either direction. ; LE1332.5. Interpret the driver’s behavior during the walking stage of the walk-and-turn test Record any facts, circumstances, conditions, or observations that may be relevant to this test in your notes. Based on the research, 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 79% of drivers accurately. Other clues may be observed during the walk-and-turn test, such as not counting out loud, counting an incorrect number of steps, turning in the wrong direction, or uttering incriminating statements during the test. Conditions that may interfere with the driver’s performance of the walk-and-turn test can include wind and other weather conditions, the driver’s age or weight, or the driver’s footwear. If the driver is unable to safely complete the test, you may stop the test early. Document the reason the test was stopped. ; LE1332.6. Describe how to document walk-and-turn clues 520 / Florida Basic Recruit Training Program (LE): Volume 1 13 Unit 3: Standardized Field Sobriety Tests Lesson 3: One-Leg Stand Lesson Goal At the end of this lesson, you will know how to administer, interpret, and document a one-leg stand test. 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 them an op- portunity to remove their shoes if they feel their shoes would prevent them from doing this test. The one-leg stand test consists of two stages: instructions stage, and balance and counting stage. ; LE1333.1. Describe the optimal conditions for conducting the one-leg stand test Instructions Stage In the instructions stage you tell the driver how to position themselves and have them demonstrate the position. Give instructions and demonstrate from a safe position from the driver: 1. “Stand with your feet together and your arms at your side.” 2. “Maintain this position until told otherwise.” The instructions stage divides the driver’s attention between a balancing task (maintaining a stance) and an information-processing task (listening to and remembering instructions). ; LE1333.2. Describe how to provide instructions for the one-leg stand test Balance and Counting Stage In the balance and counting stage you tell the driver how to complete the test and then have the driver perform it. Give instructions and demonstrate from a safe position away from the driver: 1. “When I tell you to do so, raise one leg, either one, about 6 inches off the ground, foot pointed out, parallel to the ground, both legs straight, and look at the elevated foot.” 2. “Count aloud in the following manner: 1001, 1002, 1003, 1004, and so on until I tell you to stop.” Chapter 13 DUI Traffic Stops / 521  3. “Do you understand the instructions?” (Make sure the driver gives you verbal confirmation that they understand) 4. “Begin the test.” Time the one-leg stand for 30 seconds with a time-measuring device. Note which leg the driver lifts. The balance and counting stage divides the driver’s attention between balancing (standing on one foot) and counting aloud. At the end of the test, examine each clue and only record each clue once. The maximum number of clues observed for any driver is four; however, you can observe each clue multiple times. ; LE1333.3. Describe how to provide instructions for the balance and counting stage of the one-leg stand test Look for these clues: 1. Sways while balancing: The driver sways in any direction while balancing. 2. Uses arms to balance: The driver raises their arms 6 or more inches from the side of the body to maintain balance. 3. Hops: The driver hops to maintain balance. 4. Puts foot down:  The driver puts their foot down one or more times.  The driver puts their foot down during the 30-second count (record the count number when it happens). ; LE1333.4. Interpret the balance and counting stage of the one-leg stand test In your field notes, record any facts, circumstances, conditions, or observations that may be relevant to this test. Based on the research, if you observe two or more clues, it is likely that the driver’s alcohol con- centration is above 0.08. Using this criterion, you should be able to classify about 83% of drivers accurately. Other clues may be observed during the one-leg stand test, such as incorrect counting or bending of the knees. Conditions that may interfere with the driver’s performance of the one-leg stand test can include wind/ weather conditions, the driver’s age or weight, or the driver’s footwear. If the driver is unable to safely complete the test, you may stop the test early. Document the reason the test was stopped. ; LE1333.5. Describe how to document the one-leg stand test clues 522 / Florida Basic Recruit Training Program (LE): Volume 1 13 Unit 4: Concluding the DUI Investigation Lesson 1: Law Enforcement Action Lesson Goal At the end of this lesson, you will know whether to arrest an impaired driver and continue the inves- tigation with a breath, urine, or blood test. Procedures for DUI Crashes When conducting a DUI crash 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 who can provide a statement of observa- tions of the crash and driver. If there is no wheel witness, collect other evidence to place the driver in actual physical control of the vehicle. Any statements the driver makes during the crash investigation will not be admissible in any criminal pro- ceedings. Once the crash investigation is complete, evidence is collected and witness statements and infor- mation are exchanged between involved drivers. Tell the driver the following: The crash investigation is complete and you are now beginning a DUI investigation. You are issuing the Miranda warnings and will ask if they understand their rights. You will be conducting the SFSTs to determine if they were able to drive a vehicle safely. Any signs of impairment collected during the crash investigation can be used when deciding if you have reasonable suspicion to conduct a DUI investigation and probable cause for a DUI arrest. If the driver is ar- rested for a misdemeanor DUI, follow the same procedures for the collection of breath, urine or blood as if it were a DUI traffic stop. If the driver is arrested for DUI, serious bodily injury, or death, ask for a voluntary blood test or obtain a warrant. Follow your agency policies and procedures. ; LE1341.1. Describe how to conduct a DUI crash investigation Decision to Arrest Based on the totality of the DUI investigation, you will need to make the decision whether to arrest the driver for DUI. The decision to arrest the driver should follow the evidence collected during the DUI detec- tion process. If probable cause does not exist, do not arrest. Whether or not you make the arrest, you need to remain respectful and treat the driver with dignity throughout the process. Follow your agency policies and procedures regarding the decision to arrest. During a traffic crash investigation, you may arrest the driver on a DUI charge if there was enough physical evidence that the driver was impaired at the time of the crash. Physical evidence should be based upon Chapter 13 DUI Traffic Stops / 523 your observations, the results of the SFSTs, and pending the results of a breath, urine, or blood test. Be- come familiar with the guidelines of your local state attorney’s office and your agency policies and proce- dures before making an arrest during a traffic crash incident. Many DUI offenses are misdemeanor crimes; however, there are times when the offense is a felony, such as in the event of serious bodily injury, death, or multiple prior convictions. ; LE1341.2. Determine if probable cause exists to arrest a driver for DUI Post-arrest Evidence After the arrest you will attempt to collect breath, urine, or blood tests. If the driver refuses to take the tests, fill out the refusal affidavit, as explained earlier. Breath Test Section 316.1932, F.S., outlines the criteria for conducting a breath test for alcohol impairment. A certified breath test operator (BTO) is required to administer the breath test on an arrested driver following agency policies and procedures. The BTO should administer the breath test as close as possible to the time that the stop was initiated. You may not use a portable breath test (PBT) device to determine probable cause for a DUI arrest. After a DUI arrest, a certified BTO or a designee assigned by the BTO monitors the driver face to face. The observation must be for a continuous 20 minutes. Document in your field notes when the observation period begins. Before the 20 minutes begin make sure that the driver does not have any foreign objects in their mouth, such as tobacco, fingers, hair, rubber bands, razor blades, or paper clips. Instruct the driver to remove any such object(s). Examples of things that do not affect the breath test are braces, dentures, crowns, fillings, or tongue piercings. During the 20 minutes, make sure that the driver is not eating or drinking anything (alcohol, mouthwash, gum, candy, breath mints). If the driver vomits, instruct them to rinse their mouth with water. If any of the above occurs, start another 20-minute observation period. Document the occurrence and record the time you end and restart the observation period. If the results of the breath test indicate an alcohol concentration of 0.08 or higher, complete a DUI citation. Write the breath test results on the 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.” To request a breath sample, the subject must be under physical arrest. ; LE1341.3. Describe how to observe an impaired driver before conducting a breath test 524 / Florida Basic Recruit Training Program (LE): Volume 1 Urine Test Section 316.1932, F.S., outlines the criteria for conducting a urine test. If a breath test result is below a 0.08 and you have probable cause to believe the person is impaired by substances other than alcohol, request a urine test. The urine test should determine 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, mobile or otherwise, that is equipped to administer urine tests, according to your agency policies and procedures. Write “urine results pending” in the comments section on the UTC. If the driver refuses to submit to the urine test, complete a DUI citation, and mark the box for “Refusal.” To request a urine sample, the subject must be under physical arrest. ; LE1341.4. Determine when to ask an impaired driver for a urine test Blood Test Section 316.1932, F.S., outlines the criteria for conducting a blood test. The test can be administered if either of the following applies: 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. You were unable to conduct a breath test because it was impractical or impossible. For example, if the driver has an injury on their mouth that prevents them from blowing while taking the breath test. Document the reason you could not administer the breath test. If possible, request the driver of the vehicle to submit to a voluntary blood draw or obtain a warrant. A person does not have to be under arrest for you to request a blood draw under implied consent. However, all blood draws (in the absence of voluntary consent) will require a warrant. Officers can request that lawfully arrested persons, suspected of impaired driving, who appear at a medical facility, submit to a blood draw. ; LE1341.5. Determine when to obtain a blood test from an impaired driver All blood draws must occur at a medical facility or in an ambulance for treatment. Only authorized person- nel can perform the draw. You are responsible for ensuring that the blood collection follows established procedures by verifying that: The blood kit is not expired. The blood is collected in the appropriate vial. The kit is identified with the driver’s name, the date, and the time the blood was collected as well as the initials of the person who drew the blood. Complete all paperwork contained in the blood kit or agency specific paperwork. ; LE1341.6. Describe how to verify the procedures of a blood draw Chapter 13 DUI Traffic Stops / 525 Using a Drug Recognition Expert A certified drug recognition expert (DRE) is someone specially trained to investigate incidents involving drug-impaired drivers. They may be called to testify in court, in significant detail, and provide expert opin- ions regarding drug impairment. Contact a local DRE, once an arrest has been made, to assist in the inves- tigation of a suspected drug-impaired driver if it is part of your agency’s policies. ; LE1341.7. Describe the role of a drug recognition expert (DRE) 526 / Florida Basic Recruit Training Program (LE): Volume 1 13 Unit 4: Concluding the DUI Investigation Lesson 2: DUI Report Writing Lesson Goal At the end of this lesson, you will know how to complete a DUI report that will support testimony in court. Think About This You administer a PBT to a driver you have pulled over. They blow a.067. What course of action do you take? DUI Citation The DUI citation is very similar to the UTC; however, the DUI citation is for a DUI with an alcohol concentra- tion of 0.08 or higher, or when the driver refused a breath, urine, or blood test after their arrest. Complete the DUI citation the same way as a UTC. The DUI citation is a charging document and is required to authorize DHSMV to suspend the person’s driv- ing privilege. If the person has an alcohol concentration of 0.08 or above or refuses a breath, urine or blood test, seize their Florida driver’s license if it is in their possession and attach it to the DHSMV copy of the DUI citation. Within five days, forward the Florida license and a copy of it to DHSMV for an administrative suspension hearing. If, before this citation, the driver’s license was VALID, the driver is eligible to use the citation as a temporary driver license which will expire at midnight on the 10th day following the date of the suspension of their license. However, if their license is INVALID at the time of this citation (suspended, etc.), then they CANNOT use this citation as a temporary driver license. ; LE1342.1. Describe how to complete a DUI citation Arrest Report Trials often take place many months after the defendant’s arrest. It is essential that you write a clear and comprehensive report describing your observations and the results of your investigation for presentation to the prosecution. A clear, comprehensive report and the accompanying documentation will allow you to recall details and present them through accurate, direct testimony in court. ; LE1342.2. Recognize the importance of preparing a clear and comprehensive DUI arrest report The DUI report should establish the following elements for the arrest: There was reasonable suspicion for stopping or contacting the accused. The accused was the driver or in actual physical control of the vehicle. There was probable cause to believe the accused was impaired. Chapter 13 DUI Traffic Stops / 527  The officer followed lawful procedure regarding the rights of the accused. The officer followed lawful arrest procedures. Subsequent observation and interview of the accused provided additional evidence relevant to the alleged offense. The officer made a lawful request for the accused to submit to the breath, urine, or blood test, and the results of the test. Organize the DUI narrative in the report around the complete sequence of events from start to end. Begin at the first observation of the driver, continue through the arrest, and end with the incarceration or release of the person. ; LE1342.3. List the elements of a clear and comprehensive DUI arrest report 528 / Florida Basic Recruit Training Program (LE): Volume 1