Boca Raton Police DUI SOP PDF

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 61.03 DRIVING UNDER THE INFLUENCE Revised: February 26, 2020 I. PURPOSE: The purpose of this standard operating procedure is to establish guidelines for the Boca Raton Police Services Department (Department) for the enforcement of...

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 61.03 DRIVING UNDER THE INFLUENCE Revised: February 26, 2020 I. PURPOSE: The purpose of this standard operating procedure is to establish guidelines for the Boca Raton Police Services Department (Department) for the enforcement of traffic laws and driving under the influence (DUI) procedures. II. DEFINITIONS: Driving Under the Influence (DUI): The act or crime of driving a vehicle while affected by alcohol or controlled/chemical substances. Juvenile/Youth/Child: Any unmarried person under the age of eighteen alleged to be dependent, in need of services, or from a family in need of services, or any married or unmarried person who is charged with a violation of law occurring prior to the time that person reached the age of eighteen years. Probable Cause: Where the facts and circumstances within the law enforcement officer’s knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been or is being committed. .02 Law: FSS 322.2616 states that it is unlawful for a person under the age of 21 who has a blood or breathalcohol level of 0.02 percent or higher to drive or be in actual physical control of a motor vehicle. III. PROCEDURE: A. ENFORCEMENT: 1. Employees are encouraged to be aware of signs of impairment while conducting traffic stops and patrolling roadways. 2. Employees shall follow all fair and impartial policing practices while conducting enforcement activities. 3. Employees shall follow the guidelines established in this standard operating procedure when in contact with an individual suspected of being under the influence, conducting DUI investigations, and when arresting and citing subjects. Effective: January 27, 2014 Revised: February 26, 2020 Driving Under the Influence SOP No. 61.03 Page 1 of 8 B. DRIVING UNDER THE INFLUENCE (DUI): 1. DUI TRAFFIC STOP: a. When a law enforcement officer (LEO) stops a traffic law violator and he/she believes that the driver's ability to operate a motor vehicle is impaired due to the use of alcohol or controlled/chemical substances, the LEO shall request the driver to submit to a series of field sobriety tasks. b. If the driver is physically able, he/she shall be asked to move to an area that is a safe distance from the roadway and on a firm level surface, if possible. c. The LEO shall position his/her vehicle or request another vehicle with recording capabilities to respond in accordance with Standard Operating Procedure 41.01 Mobile Video Recorders to record the traffic stop and field sobriety tasks, if conducted. d. The agility tasks may include, but are not limited to, the following: i. Balance: Whether the driver falls, wobbles, sways, is unsure, or uses arms for balance ii. Walking/Turning: Whether the driver falls, staggers, stumbles, sways, or uses arms for balance iii. Finger-to-Nose: Note if driver completely misses his/her nose, was hesitant, or unsure iv. One-Leg Stand: Whether the driver falls, is unsteady, or sways v. Alphabet Recital: Noting speech pattern, i.e., slurred, thick tongue, and whether he/she can complete the alphabet vi. Horizontal Gaze Nystagmus: LEO noting the HGN observations e. If the LEO is satisfied that probable cause exists to charge the defendant with DUI, the LEO shall arrest and transport the driver for processing. It is critical that the LEO clearly documents the results of these tasks in the Probable Cause Affidavit. f. LEOs shall be guided by Departmental Standards Directive 61.200 Traffic Direction, Control, Crash Investigations, and Ancillary Services when deciding whether to tow a vehicle from the scene of a DUI arrest. i. stop. The LEO may not move the vehicle for a driver during a traffic ii. If the vehicle is towed, the LEO shall fill out the tow receipt and have the tow truck driver sign it. Effective: January 27, 2014 Revised: February 26, 2020 Driving Under the Influence SOP No. 61.03 Page 2 of 8 iii. Distribution of the tow receipt shall be guided by Departmental Standards Directive 61.200 Traffic Direction, Control, Crash Investigations and Ancillary Services. g. The LEO shall advise Communications Section employees that an Intoxilyzer operator is needed at the police station to conduct a breath test. i. The arresting LEO will request the driver to submit to an approved breath test. ii. The Intoxilyzer operator shall ensure that The Alcohol Testing Program Rules are followed. iii. The Intoxilyzer operator will complete the DUI Influence Report. iv. After completion of the breath test, the Intoxilyzer operator will complete the required Florida Department of Law Enforcement (FDLE) forms. v. If the results of the Intoxilyzer test are .30 and above, the subject must be transported to the hospital for evaluation after notification of a supervisor. vi. If the driver refuses the approved breath test, the arresting LEO will read the Implied Consent Warning. vii. If the driver refuses a second time, it is the arresting LEO’s responsibility to fill out the Department of Highway Safety and Motor Vehicles (DHSMV) Refusal Form and have it notarized/attested. viii. If the driver consents to the approved breath test, the test result is below the unlawful level and the arresting LEO has reasonable cause to believe that the driver is under the influence of a controlled/chemical substance as well, the LEO may request a urine test besides the breath test (Urine test kits are located in the DUI Room). a) The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests at the request of an LEO. b) If the driver refuses the urine test, the arresting LEO will read the Implied Consent Warning. c) If the driver refuses a second time, it is the arresting LEO’s responsibility to fill out the DHSMV Refusal Form and have it notarized/attested. Effective: January 27, 2014 Revised: February 26, 2020 Driving Under the Influence SOP No. 61.03 Page 3 of 8 ix. The following procedure will be used to seal and label the urine container box: a) Ensure the subject empties his/her bladder once before giving a urine sample. b) Fill out all information requested on the Specimen Security Seal. c) Affix the center of the security seal to the bottle cap and press ends of seal down the sides of the bottle. d) Fill out all information requested on the Investigating Officer’s Report label, after which, affix label to the zip lock bag. e) Place the sealed urine container into the zip lock bag and place it into the blue foam holder inside the box. f) Close the box, seal with evidence tape, and write initials, date, and ID number on tape. Write case number, defendant’s name and date of birth, and indicate whether there was an arrest made (Y or N) on the top of the box. x. The LEO must complete a property receipt and toxicology sheet then the urine kit will be placed in the evidence refrigerator located in the booking area. a) The LEO will deposit the property receipt, toxicology sheet, and signed PBSO form in the evidence drop also located in the booking area. b) An evidence custodian will check the evidence refrigerator daily during the workweek. xi. The subject shall be processed according to the current misdemeanor process and transported to the County Jail, where he/she will remain in custody as set forth in the state statutes. 2. DUI CRASH: 18.03 a. If an LEO detects driver impairment while investigating a crash, the investigating LEO shall inform the driver when the investigation of the crash is completed and when the criminal investigation begins. b. If a community service officer (CSO) detects an impaired driver while investigating a crash, the CSO will request a for an LEO to respond to investigate the DUI. Effective: January 27, 2014 Revised: February 26, 2020 Driving Under the Influence SOP No. 61.03 Page 4 of 8 c. LEOs shall search the crash scene for evidence of alcohol and/or controlled/chemical substances and shall question other drivers and witnesses as to their observations concerning actual physical control and driver impairment. Other drivers and witnesses shall complete a written or recorded witness statement to place the driver behind the wheel. d. If the driver suspected of impairment is not injured and no other persons are seriously injured, the LEO shall proceed according to the DUI Traffic Stop procedure in this Standard Operating Procedure (SOP). e. If the crash resulted in serious bodily injuries or death, a blood withdrawal will be obtained from the driver suspected of DUI in accordance with FSS 316.1933. 3. BLOOD WITHDRAWAL: a. When an LEO deems it necessary to have blood drawn by hospital staff, it will be the responsibility of that LEO to provide an authorized blood withdrawal kit. A certified doctor, registered nurse, or listed personnel as described by FSS 316.1933 must perform the procedure. b. The LEO may use reasonable force, if necessary, to require such person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner. Testing required by FSS 316.1933 need not be incidental to a lawful arrest of the person. c. Blood withdrawal procedures must follow Department guidelines as listed in the blood withdrawal information packet. d. The blood withdrawal must be a separate sample that is not intended for medical analysis. e. The LEO shall close the box, seal with evidence tape, and write initials, date, and ID number on tape. Write case number, defendant’s name and date of birth, and indicate whether there was an arrest made (Y or N) on the top of the box which is to be placed in the evidence refrigerator located in the booking area. f. The LEO must make out a property receipt at the time of the blood withdrawal and upon returning to the Department must complete a toxicology sheet. The toxicology sheet, along with the Department Property Receipt and Palm Beach County Sheriff’s Office (PBSO) Property Receipt, will be put into the evidence drop located in the booking area. g. The LEO will make a copy of the property receipt and the toxicology report for the case file. h. Effective: January 27, 2014 Revised: February 26, 2020 Charges must be held pending the laboratory results of the blood. Driving Under the Influence SOP No. 61.03 Page 5 of 8 4. DUI CITATIONS: a. The Uniform Traffic Citation (UTC) is issued for DUI cases with blood alcohol content (BAC) levels lower than .08% or pending blood/urine analysis, when the driver is arrested. b. When presenting a driver with a Florida DUI citation, for DUI cases with a BAC level of .08% or higher and refusals, the LEO will proceed as follows: i. Set a court date for arraignment between 24 and 30 days from the date of arrest. ii. In addition to entering the BAC level, if available, in the space provided on the citation, enter the applicable word, e.g., Breath, Blood, Urine, or Refusal, in the "comments pertaining to the offense" section of the citation. iii. Seize the driver license and forward it in a filing packet to the Driver Improvement Office. iv. Give the arrested driver the defendant’s copy of the DUI citation, which he/she will use as a driver license for the number of days specified on the citation. 5. DUI CASE FILING: a. DUI cases must be filed with the State Attorney's Office as set forth by their guidelines and procedures. b. The paperwork may be processed according to present procedure. c. The actual filing packet must be completed and filed with the State Attorney’s Office within fifteen (15) days of arrest. d. DUI cases with a BAC level of .08% or higher and refusals will also be filed with the Driver Improvement Office. e. The Driver Improvement Filing Packet shall contain all the forms and information required by current Driver Improvement directives and shall be submitted within the same timelines as case filling as set forth in Standard Operating Procedure 74.01 Case Filing. C. FLORIDA .02 TOLERANCE LAW: 1. FIELD CONTACT: a. LEOs must make lawful contact before checking an underage driver for a violation of FSS 322.2616. Effective: January 27, 2014 Revised: February 26, 2020 Driving Under the Influence SOP No. 61.03 Page 6 of 8 i. Lawful contacts include the following: a) A traffic stop related to a violation of Florida law b) Contact at the site of a traffic crash c) A consensual encounter with an underage driver. b. In the event the driver is a juvenile and probable cause does exist to arrest the juvenile for DUI, the LEO shall follow the guidelines regarding juvenile DUI & traffic arrests in Departmental Standards Directive 44.100 Juvenile Delinquency, Prevention, Control, & Commitment. c. If probable cause does not exist to arrest the driver for DUI, but there are indications that the driver has been drinking, the LEO will determine if the driver is in violation of the .02 law. i. After being with the driver for at least 15 minutes, if the LEO is a trained Portable Breath Test (PBT) operator, the LEO will request the driver to perform a breath test consisting of two samples on the PBT. ii. If the LEO is not a trained PBT operator, the LEO will request the assistance of a trained PBT operator. iii. The trained PBT operator will conduct the test after at least 15 minutes has elapsed since the initial LEO maintained continuous observation of the driver. iv. If two-breath samples yield breath alcohol levels of 0.02 or higher, the LEO will take the driver license and issue a Notice of Suspension using forms provided by the DHSMV. If the driver is under 18, the LEO will fill out a juvenile referral form for in-house use only. v. If the driver refuses to give a breath sample, the LEO will read the .02 Implied Consent Warning to the driver. a) If the driver continues to refuse, the LEO will take the driver’s license and issue a Notice of Suspension using forms provided by the DHSMV. b) If the driver gives one breath sample and then refuses to give a second sample, the LEO will take whatever action is warranted based on the first sample. vi. If there is no arrest for another violation and the driver is age 1820, the LEO will release the driver and advise him/her not to drive. vii. The LEO will take reasonable steps including the following to ensure the safety of the individual in accordance with Department policy: Effective: January 27, 2014 Revised: February 26, 2020 Driving Under the Influence SOP No. 61.03 Page 7 of 8 a) The LEO will attempt to make contact with a responsible friend or relative of the driver to respond to the scene for transport. b) The LEO may give the driver a ride home as long as it is within the city limits and with supervisor approval. 2. OPERATION OF PORTABLE BREATH TEST (PBT): a. Only LEOs who are trained PBT operators shall administer breath tests with the Department's PBT instruments. b. PBT operators will follow the manufacturer's procedure for conducting all breath tests. 3. .02 DRIVER IMPROVEMENT FILING: a. .02 cases must be filed with the DHSMV and shall contain all forms and information required by current guidelines. b. All paperwork shall be completed and placed into the driver improvement bin before the end of the shift and a copy of all reports shall be forwarded to Records. c. LEOs shall use the code "PBT" when requesting a case number. Approved: Michele Miuccio Interim Chief of Police Effective: January 27, 2014 Revised: February 26, 2020 Date: Driving Under the Influence SOP No. 61.03 Page 8 of 8