Seminole County DUI Arrests Continue To Fall.

DUI arrests in Seminole County have been decreasing over the years. It has not been a straight decline but it has been a downward trend. DUI arrests in Seminole County peaked in 2008 with 1269 arrests. The 2016 arrest total is the lowest since records have been available online at the DHSMV website. Records have been available since 2003. The fact that less people have been arrested is meaningless if you have been arrested for a Seminole County DUI. The reality is that the number of misdemeanor prosecutors in Sanford has not changed. If you are arrested for a DUI you will need a Seminole County DUI Attorney. Each misdemeanor prosecutor is now handling around 65 DUI cases per year. In 2008 the 10 misdemeanor prosecutors handled nearly 1269 DUI cases or around 120 a year.

Not all DUI cases are misdemeanors so it is not as simple as dividing the total number by the number of prosecutors. Most DUI cases will be resolved in county court as misdemeanors.  Some DUI cases are felony eligible and will be filed as felony cases. These include a third DUI with one prior in the last 10 years, fourth or subsequent DUI cases, serious bodily injury and death cases will be handled in felony court. Some DUI cases are also attached to a fleeing and eluding, felony drug possession, resisting with violence or other felonies.

The bottom line is if you are arrested for a DUI in Altamonte Springs, Casselberry, Lake Mary, Longwood, Sanford, Winter Springs or the surrounding areas in Seminole County you need an experienced DUI defense attorney. For a misdemeanor prosecutor DUI cases and domestic violence cases are the most time consuming. DUI case load is lower per prosecutor giving them more time to focus on each case. Combine that with driving on a suspended license cases decreasing and most misdemeanor prosecutors tend to be less aggressive on misdemeanor marijuana cases as public opinion changes. This does not mean that a DUI case cannot be defended. It is just less likely that a DUI will be reduced because a prosecutor is unable to focus the time on a case.

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Daytona Beach Area DUI Arrests Fall To A New Low.

DUI arrests in Volusia County and Daytona Beach have been decreasing over the years. It has not been a straight decline but it has been a downward trend. DUI arrests in Volusia County peaked in 2008 with 2600 arrests. The 2016 arrest total is the lowest since records have been available online at the DHSMV website. Records have been available since 2003. The fact that less people have been arrested is meaningless if you have been arrested for a Daytona Beach DUI. The reality is that the number of misdemeanor prosecutors in Volusia County has not changed. If you are arrested in the Daytona Beach area you will need a Daytona Beach DUI attorney. Each misdemeanor prosecutor is now handling around 100 DUI cases per year. In 2008 the 12 misdemeanor prosecutors handled nearly 2600 DUI cases or over 200 a year.

Not all DUI cases are misdemeanors so it is not as simple as dividing the total number by the number of prosecutors. Most DUI cases will be resolved in county court. Many third within 10 cases and fourth DUI cases will be filed as a misdemeanor even though they are felony eligible. Some felony eligible cases will be filed as felony cases and serious bodily injury and death cases will also be handled in felony court. Some DUI cases are also attached to a fleeing and eluding, felony drug possession, resisting with violence or other felonies.

The bottom line is if you are arrested for a DUI in Volusia County you need an experienced DUI defense attorney. The DUI case load is lower per prosecutor giving them more time to focus on each case. When I worked as a prosecutor in Daytona Beach DUI cases were the most time consuming for a misdemeanor prosecutor. Driving on a suspended license cases have also decreased and most prosecutors tend to be less aggressive on misdemeanor marijuana cases as public opinion changes. This does not mean that a DUI case cannot be defended. It is just less likely that a DUI will be reduced because a prosecutor is unable to focus the time on a case.

 

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Seminole County Domestic Violene Arrest

Domestic violence arrests are becoming a common occurrence in Seminole County. Even in situations that most people would consider a disagreement the police are hauling people off to jail. We see shirt grabs, wrist grabs and grabbing and other touching that can be expected from a heated argument. We also see legitimate batteries with real injuries. Seminole County has a dedicated domestic violence division that handles the intake of all DV cases. The also have a specialized prosecutor that handles repeat offender cases. Seminole County  is also known for putting GPS on almost everyone accused of a domestic violence case.

It is very important that you retain an experienced Seminole County domestic violence attorney. A domestic violence charge is one of the only misdemeanors that you cannot get your record sealed. If the charge is not reduced or dropped you will have a domestic violence case on your record for the rest of your life. You will also be banned from owning a firearm for the rest of your life. If not handled correctly a DV case can have lifelong consequences. Not all cases can be reduced or dropped but an experienced attorney can increase the odds of obtaining a favorable resolution to your case. Call 407-883-6853 to set up a free domestic violence case evaluation.


Bonding Out After A Daytona DUI Arrest

If you are arrested for a DUI in Daytona Beach there are 3 ways you can get out of jail. A DUI case has some special conditions that must be met prior to release. To be let out you must have a breath alcohol content below .05%, no longer have your normal faculties impaired or wait 8 hours after arrest. What this means is that the jail will typically hold someone accused of a DUI for 8 hours after arrest.

The three ways to get out are by pre-trial release, posting a cash bond or using a bondsman. Each way to get out has advantages and disadvantages that I will discuss below.

Being released to pre-trial release or pre-trial services is the free option. That is the advantage. The disadvantage is that you will basically be on probation during your case. If you don’t go to an appointment, test positive for drugs or alcohol or violate any other condition of release you will be thrown in jail without bond or with a much higher bond.

A cash bond will be applied to your court cost if any of the charges stick. If the charges are dropped it will be returned with the clerk taking a small processing fee. The disadvantage is that after a DUI arrest you might need to hire an attorney, sign up for a DUI class, get your car out of impound, pay for a hardship license just to name a few. Tying up around $1,000 with a cash bond might not be a good idea with all the expenses you could be facing.

Using a bondsman limits your expense to the greater of $100 or 10% of the total bond. This ties up less money than posting a cash bond and avoids the supervision of pre-trial release. The downside is that the premium paid to the bondsman is not refunded when the case is closed. Usually in a DUI case this is around $100 unless you have multiple charges. 

If someone you know is arrested for a DUI contact Daytona Beach DUI attorney Kevin J. Pitts for a free case evaluation at 386-451-5112.


New Smyrna Beach DUI Policies And Procedures

Kevin J. Pitts is a a New Smyrna Beach DUI Lawyer that frequently handles Daytona Beach DUI cases. Mr. Pitts is a former Daytona Beach DUI prosecutor that has focused his practice exclusively on criminal defense, DUI defense and traffic ticket defense since 2010. Mr. Pitts has obtained the New Smyrna Beach DUI Policies and Procedures through a public records request.  If you are accused of a DUI in Daytona Beach, New Smyrna Beach or the surrounding areas contact Mr. Pitts at 386-451-5112 to set up a free case evaluation.

 

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New Smyrna Beach DUI Lawyer Kevin J. Pitts

NEW SMYRNA BEACH POLICE DEPARTMENT

NEW SMYRNA BEACH, FLORIDA

POLICY AND PROCEDURE DIRECTIVE

TITLE: TRAFFIC LAW ENFORCEMENT

NUMBER: 22-1

EFFECTIVE: 09/15

RESCINDS/AMENDS: 9-6-12

ATTACHMENTS: DHSMV Traffic Citation Procedure Manual

Diplomatic & Consular Privileges

POLICY

It is the policy of the New Smyrna Beach Police Department to provide for the safe and orderly flow of traffic through the jurisdiction by encouraging public compliance with traffic laws. It is policy of the department to enforce the vehicular and traffic law in a uniform manner. Uniform traffic citations will be completed in accordance with the DHSMV Traffic Citation Procedure Manual.

PROCEDURE

22.1.1 The Operations Division shall have primary responsibility for the enforcement of the Florida traffic laws, local traffic and parking ordinances.

22.1.2 Uniformed officers should, when appropriate, take enforcement action when a violation of a traffic law 22.1.3 Patrol Sergeants are responsible for:

 Supervising the traffic enforcement activities of patrol officers;

 Reviewing traffic enforcement documents (UTC’s, parking tickets, arrest reports) for accuracy and

 Inspecting traffic enforcement equipment.

TRAFFIC ENFORCMENT ACTIVITIES

22.1.4 Marked patrol vehicles shall be used for traffic law enforcement. Special purpose vehicles (unmarked cars, trucks, vans, etc.) will not be used for traffic enforcement activities unless properly equipped with emergency lights and siren. (CFA 17.08M-A)

 Officers engaged in traffic law enforcement activities may use traffic radar. Officers using traffic radar shall be certified in the operation of traffic radar. Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15

TRAFFIC STOPS & STOPS OF UNKNOWN RISK

22.1.5 Officers may stop vehicles when they reasonably suspect that the driver or other occupants are in violation of law. Officers should be prepared to articulate the actual reason the stop was conducted.

22.1.6 Officers should stop the violator vehicle as soon as practical after the traffic offense has been committed. The following applies to emergency and non-emergency traffic stops. While initiating a traffic stop, officers should: (CFA 22.04M)

 Turn on the emergency lights; (CFA 22.04M-A)

 Activate the siren as necessary; (CFA 22.04M-B)

 At night, illuminate the stopped vehicle with the police vehicle headlights and spotlight; Hazard warning lights may be used in accordance with FS 316.2397. (CFA 22.04M-C,D)

 Use the public address system as appropriate to the situation; (CFA 22.04M-E)

 Activate the video recorder if equipped.

22.1.7 Officers conducting traffic stops must inform the Communications Center that they are stopping a

 The exact location, with the closest cross street; License plate number of the vehicle;

 A brief description of the vehicle and number of occupants.

TRAFFIC ENFORCEMENT DISCRETION

22.1.8 Officers shall take appropriate enforcement action for traffic violations. They may use discretion in determining the nature of the enforcement action taken (written warning, UTC, parking ticket) in cases of minor violations. Such minor violations include, but are not limited to: (CFA 22.03M)

 Speed violations; (CFA 22.03M-B)

 Disobeying Traffic Control Devices and other moving violations; (CFA 22.03M-C)

 Equipment deficiencies; (CFA 22.03M-D)

 Parking and other non-moving violations; (CFA 22.03M-F)

 When a motorist has committed several violations, which include some minor infractions (equipment violations, etc.) officers have the option of citing the motorist for the serious violations and warning the motorist regarding the other infractions. (CFA 22.03M-G, J, K)

 Newly enacted laws and/ or regulations, unless enforcement action is mandated. (CFA 22.03M-H)

22.1.9 Suspended, revoked or canceled licenses: (CFA 22.05M)

 DWLS (Unknowingly): This is a payable moving infraction and can only be used if the violator was suspended for failing to pay a fine or for financial responsibility. It is three-point violation, and the violator may elect the school option if he/her meets the criteria. This subsection cannot be used if the violator admits that he/she knew the license was suspended, nor can it be applied to habitual traffic offenders or commercial motor vehicle drivers.

 DWLS (Knowingly): This is a criminal offense with a mandatory court appearance. The officer must specify the reason the license was suspended and the number of previous convictions in the comment section of the citation.

 DWLS (Habitual Traffic Offender): Any person specified as a Habitual Traffic Offender charged and convicted under this statute is guilty of a third degree felony.

 DWLS (Commercial Motor Vehicle Driver): When this subsection is used to charge a violator, the Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15 officer must specify previous convictions in the comment section of the citation. See statute for specific degrees of offense based on prior convictions. 22.1.10 The preferred action for all felony/ DUI violators is a physical arrest. Misdemeanor crimes, including driving with a suspended license, will be evaluated by the officer and either a physical arrest or criminal citation may be issued. (CFA 22.03M-A, 22.05M)

PUBLIC CARRIER/ COMMERICAL VEHICLES

22.1.11 Public carriers and commercial vehicles must comply with all applicable laws, rules and regulations.

 Officers may summon assistance from the Highway Patrol or Department of Commercial Motor Vehicle Compliance for special equipment needs.

SPECIAL SITUATIONS

22.1.12 All violators shall be treated in the same courteous manner regardless of their address, race, nationality, or gender. (CFA 22.01A)

22.1.13 Members should reference the attachment for a list of diplomats or consular officials subject to traffic

JUVENILES

(CFA 22.01B)

22.1.14 Juveniles are issued uniform traffic citations and handled in the same manner as adults for traffic violations with the following exceptions:

 When a juvenile is arrested for driving under the influence the officer shall contact the Division of Juvenile Justice Intake Office (DJJ) to determine where the juvenile should be transported for the detainment period specified in FS 316.193.

 If the charge is a felony charge for leaving the scene of an accident involving death or personal injury,

316.027; A SA-707 will be completed in addition to the citation. DJJ will be contacted and will determine if the juvenile should be held secure or released.

 In addition to the citation an SA-707 will be completed for a misdemeanor violation of:

o Leaving the scene of an accident with property damage, 316.061;

o Fleeing or attempting to elude a police officer, 316.1935;

o DUI, 316.193;

o Reckless driving, 316.192;

o Making false accident report, 316.067;

o Willfully failing or refusing to comply with any lawful order or direction of any police officer or member of the fire department, 316.072.

PARKING ENFORCMENT

22.1.15 Parking enforcement is the responsibility of the Operations Division. Parking regulations shall be enforced with reasonableness and impartiality. Officers shall:

 Enforce parking regulations pursuant to state laws and local ordinances;

Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15

 Report parking problem areas to the Operations Division Commanding Officer for assessment and action, if necessary.

22.1.16 Unlawfully parked vehicles may be towed when they present a hazard or obstruction to traffic. The vehicles shall be cited and towed in accordance with Directive 25-1 Vehicle Towing/Impoundment Procedures.

 The New Smyrna Beach Parking Violation Citation or UTC will be the only forms used to cite city and state parking violations. The citation must include a description of the illegally parked vehicle, the location, the nature of the violation, and the amount of fine.

 The citation shall be issued to the driver if the motor vehicle is attended or if the driver can be located within a reasonable period of time. If the vehicle is unattended, the officer shall issue the ticket to the registered owner and attach the ticket to the vehicle in a conspicuous place.

 When issuing the citation to a vehicle, the officer will conduct a check on the vehicle license tag to insure that the tag and vehicle match. No parking citation will be issued if teletype confirmation of the vehicle tag and description cannot be made.

DUI

(CFA 22.03M-A, 22.06M)

22.1.17 If sufficient probable cause has been established, and all elements of the DUI violation have been clearly established, the officer shall advise the subject that he/she is under arrest.

 The officer shall immediately notify Communications of the arrest. This will be the official time of

 The defendant will be asked if he/she will submit to a breath test. If the defendant refuses to submit to

 The defendant will be searched and seat-belted inside a caged department vehicle. (CFA 17.09M,

 The officer shall make appropriate disposition of the defendant’s vehicle and property in accordance

 The defendant shall be transported to the Police Department for testing and processing.

 If the subject’s BAC is less than .05 G/210L, the officer should investigate for drug usage or medical testing per Florida’s implied consent law the officer will read the defendant the Florida Implied

Consent Law and the associated penalties.

 An officer may require a person to submit to blood testing only when the officer has probable cause to

 A Blood Withdrawal FDLE/ICP Form will be completed when applicable and attached with the

 Upon receipt of laboratory results indicating a BAC level of .08% or higher, or indicating the presence with Directive 25-1 Vehicle Towing/Impoundment Procedures (or authorized alternatives), arrange for transportation and safety of any passengers conditions that may be the cause of impairment.

o Those suspected of being under the influence of drugs will be requested to provide a urine or blood sample for drug testing believe that the driver was the operator of a vehicle involved in a crash resulting in serious bodily injury or death pursuant to provisions and restrictions of FS 316.1933(1) – see the DHSMV Affidavit of Refusal form for details. Absent consent, exigent and unusual circumstance a search warrant will be required to obtain a blood sample. (Blood Draw Guide) original paperwork of drugs, the subject will be charged on a standard UTC. The officer will indicate ‘issue by warrant’ on the offender signature line.

22.1.18 When sufficient evidence of impairment pursuant to FS 316.1934(2)(b) .000 to .079 BAC – exists to establish probable cause for arrest, officers shall charge under this statute and transport the arrestee to the county jail. Every effort will be made to gather evidence through the observations of the officer and appropriate testing.

Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15

22.1.19 If the offender becomes ill, unconscious, or otherwise incapacitated, medical assistance will be provided. If incapacitation occurs prior to the taking of a breath sample, and a blood sample is taken resultant of the examination/admittance process, officers may subpoena the blood test result and or request a search warrant to seize the blood sample if preserved.

 If a driver refuses to provide a blood sample and has been taken to a medical facility, officers should ask medical personnel if blood was drawn resultant of the examination/admitting procedure. If a sample was taken officers may request a subpoena for the blood information and/or make application for a search warrant to seize the blood sample. Officers should not request the blood draw as the request may be determined to circumvent the warrant requirement.


New Smyrna Beach Blood Draw Serious Bodily Injury Or Death

Kevin J. Pitts is a a New Smyrna Beach DUI Attorney that frequently handles Daytona Beach DUI cases. Mr. Pitts is a former Daytona Beach DUI prosecutor that has focused his practice exclusively on criminal defense, DUI defense and traffic ticket defense since 2010. Mr. Pitts has obtained the New Smyrna Beach Blood Draw Policies and Procedures through a public records request.  If you are accused of a DUI in Daytona Beach, New Smyrna Beach or the surrounding areas contact Mr. Pitts at 386-451-5112 to set up a free case review.

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New Smyrna Beach DUI Attorney Kevin J. Pitts

1. A Supreme Court decision (Missouri v. McNeely, 2013 WL 1628934 (U.S. 2013) requires a search warrant in all non-consensual blood draw cases absent unusual and exigent circumstance.

Commentary: The Court recognized that the passage of time naturally results in the dissipation of alcohol in a person’s blood and thus the loss of evidence. The Court also recognized the ability of experts to accurately calculate blood alcohol content at a point in time prior to the actual blood draw. The Court further observed that some delay in obtaining medical assistance for a blood draw was inevitable and that in many states warrant processing, including judicial review, could be accomplished electronically. Ultimately the Court concluded that there was little justification in the typical DUI case to dispense with the warrant requirement.

2. No forced blood draw should occur without a search warrant unless you encounter serious difficulties in your attempts to get a warrant or other circumstances make getting a warrant impractical.

• No warrant is necessary, even in cases involving serious bodily injury or death, if the suspect consents

• The limitations of FS 316.1933 remain in effect. Officers can only compel a blood draw in cases where

• A DUI suspect who refuses to cooperate with testing should be charged and/or processed for the refusal there is probable cause to believe that the suspect was under the influence of alcohol or drugs and was wholly or partially at fault in a traffic crash causing death or serious bodily injury to another person; under the appropriate subsection of FS 316.1932 even when a warrant is obtained and testing ultimately

3. In a serious bodily injury or death case, a blood draw without a warrant based on exigent circumstances should only be done as a last resort. Exigent circumstances might be found in a case where, despite strenuous efforts, no judge is available to approve the warrant or perhaps in a case where it takes hours to extricate the suspect from his vehicle and all evidence of intoxication is in danger of being lost. Detailed documentation of the exigent circumstances is critical.

4. If a driver refuses to provide a blood sample and has been taken to a medical facility, officers should ask medical personnel if blood was drawn resultant of the examination/admitting procedure. If a sample was taken officers may request a subpoena for the blood information and or make application for a search warrant to seize the blood sample. Officers should not request the blood draw as the request may be determined to circumvent the warrant requirement.

5. When appropriate, the facts and circumstance of a Judge’s refusal to issue a search warrant shall be properly documented in the officer’s report.

6. The blood test must be administered by a physician, certified paramedic, registered nurse, licensed practical nurse, or other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory technician acting at the request of a law enforcement officer. The blood will be drawn in the presence of the officer using a department issued kit. Directions for use are included with the kit. The officer shall complete a property report and request the person drawing the blood sign it over to the officer as evidence. The blood will be submitted into Evidence.

7. If criminal charges will not be filed until the results of the blood test are returned, the officer shall complete the crash report and state in the narrative sections that the issuance of a citation is pending the receipt of the blood test. When the test results are received, the officer will complete a supplemental report and will issue a citation or make an arrest as appropriate.


Holly Hill DUI Policies And Procedures

Attorney Kevin J. Pitts is a Daytona Beach DUI Attorney that frequently handles Holly Hill DUI cases. Mr. Pitts is a former Daytona Beach DUI prosecutor that has focused his practice exclusively on criminal defense, DUI defense and traffic ticket defense since leaving the State Attorney’s office in 2010. Mr. Pitts has obtained the Holly Hill DUI Policies and Procedures through a public records request.  If you are accused of a DUI in Daytona Beach, Ponce Inlet or the surrounding areas contact Mr. Pitts at 386-451-5112 to set up a free case review.

Holly Hill Police Department

General Order 61.3

Title: Impaired Driver Enforcement

General Order:  61.3

Effective:  December 1, 2002

 Revised:   October 1, 2011

October 1, 2012

May 1, 2015

  1. Purpose: This Order establishes a comprehensive policy for enforcing the laws that prohibit persons impaired due to alcohol or chemical substances from operating vehicles.
  1. Policy: To reduce the incidence of traffic crashes and fatalities, the Holly Hill Police Department shall vigorously enforce Florida’s statutes regarding impaired drivers.
  1. Procedure:
  1. Training: To provide more effective enforcement and prosecution, the Department shall provide members with training on how to detect, test, and arrest impaired drivers.
  1. Members shall be provided training through:

1)  Basic Recruit Training,

2)  In-service training, as necessary

  1. Enforcement Measures: The Department may participate in the following prevention and enforcement measures. (The list is not intended to be exhaustive.)
  1. Traffic checkpoints;
  1. Selective enforcement;
  1. Participation in community projects and programs.
  1. Detection: Members can detect an impaired driver through a variety of means.
  1. Actions: The following are some driving actions that may indicate that a driver may be impaired:

1)  Causing a crash.

2)  Driving on wrong side of roadway;

3)  Driving too slowly or too fast,

4)  Driving without headlights on (at night),

5)  Turning with a wide radius,

6)  Straddling center lane,

7)  Weaving or swerving across road,

8)  Braking or stopping erratically or inappropriately,

9) Driving erratically or recklessly,

10) Following too closely

11)  Slow response to traffic signals,

12) Turning abruptly or illegally.

13) Signaling inconsistent with driving actions.

  1. Conditions: The following are some conditions that may indicate that a driver is impaired:

1) Odor of alcoholic beverage,

2)  Slurred speech,

3)  Blood-shot eyes,

4)  Dilated pupils,

5)  Incoherent behavior,

6)  Presence of alcohol/drug containers.

  1. Pre-Arrest Screening Tests:
  1. Request: If a member has reason to believe that a driver may be impaired, the member may request that a driver take the standardized field sobriety test.
  • The test is to be conducted prior to making an arrest.

2) The member does not need to issue the driver a Miranda warning prior to the issuance of the test.

3) Visually assess and inquire whether a driver has any disabilities that would affect the test results.

4)  Request a video camera (if available) to film the test.

  1. Refusal: The driver can refuse to take the test, and the member cannot compel the driver to take a test.
  1. Location: Members shall only conduct the tests in a safe location, which is away from vehicle traffic and not between stopped or parked vehicles.
  1. Standardized Field Sobriety Test: To detect impairment, members shall administer (if trained) the standardized field sobriety test using the following exercises:

1) Horizontal Gaze Nystagmus

2)  Walk-and-Turn,

3)  One Leg Stand,

4)  Finger-to-Nose,

  1. Notes: Members shall take detailed notes on the driver’s actions regarding how the driver performed the tests. The notes should be taken during the test or, if not practicable, immediately following the test.
  1. Probable Cause: Based on the subject’s driving and/or personal actions (to include field sobriety test, if driver submits), the member shall determine whether probable cause exists; if it does, the driver should be arrested.
  1. Physical control: To be arrested for DUI, a person must be driving a vehicle or be in actual physical control of it. Factors which indicate physical control can include:

1)  Location of vehicle,

2) Position of person in vehicle,

3)  Running or warm engine,

4)  Keys in ignition,

5)  Headlights/taillights on,

6)  Brake-lights on.

  1. Arrest: If the driver is arrested, the arresting officer shall:
  1. Arrange for disposition of the driver’s vehicle using one of the following options:

1) Give the vehicle (with driver/owner’s permission) to a family member or friend who has a driver’s license.

2) Leave the vehicle, if legally parked and secured,

3) Tow the vehicle via contractual wrecker

  1. a) If held as prisoner property,
  1. b) If held as evidence pursuant to related (or unrelated) charges.

4) Release the vehicle to a towing service of the driver’s choice if the wrecker can respond in a reasonable amount of time.

  1. Read the arrestee the motor vehicle DUI Implied Consent;
  1. Transport the arrestee to the Volusia County Sheriff’s Office B.A.T. Unit, or any other available facility with breath or other appropriate chemical testing equipment.
  1. Breath Testing: After arresting the driver, members may arrange for the driver to be breath tested when conditions permit.
  1. The Holly Hill Police Department utilizes the services of the Volusia County Sheriff’s Office B. A. T. Unit.

1) If the B.A.T. Unit is unavailable, a member from another agency may perform the test.  The on-duty supervisor should request assistance through the outside agency’s command and arrange for the arresting officer to transport the subject to the outside agency for testing.

  1. Breath testing shall be administered only by an FDLE certified breath test technician.
  1. Miranda Rights do not need to be given prior to field sobriety tests or chemical tests.
  1. Before a breath test can be administered, a subject must be observed for 20-minutes to ensure that the subject has not placed anything his/her mouth.
  1. Urine: If the officer suspects an arrestee is impaired due to drugs or a chemical substance, the officer may request a urine sample.
  1. Method: The urine sample shall be collected at the Branch Jail or other facility by a member of the same gender.
  1. Submission: The sample shall be placed into the secure refrigerator in the Briefing Room, sealed with evidence tape, and labeled with:

1)  Arrestee’s name,

2) Date sample was collected,

3) Initials of person who collected the urine,

4) Incident report number

  1. Analysis: The sample shall be submitted to the FDLE lab by the Property/Evidence Technician.
  1. Blood Test:
  1. Conditions:

1) Verification: Members should consult Florida State Statutes and a supervisor regarding additional conditions which may/may not be covered in this order but which may impact their actions and/or authority.

2) General Conditions/Implied Consent [FSS 316.1932]:  If reasonable cause exists that a driver is impaired, a blood test may be conducted when the driver appears for treatment at a medical facility (to include a medical emergency vehicle) and the administration of a breath or urine test is impractical or impossible.

  1. a) A person who is incapable of refusal by reason of unconsciousness or other mental or physical condition is deemed not to have withdrawn consent.

3) Serious/Fatal Injury [316.1933]: When a person in physical control of a motor vehicle causes a death or serious bodily injury to any person, reasonable force may be used to extract blood from the driver, even if the driver refuses.

  1. a) Serious injury includes that which creates a substantial risk of death, disfigurement or protracted loss or impairment of the function of any bodily organ or member.

 (1) Injury to ‘any person’ includes the [potentially] impaired driver.

  1. Blood Kits: Blood sample collection kits may be obtained from the on-duty supervisor.
  1. Request Form: To request blood to be drawn, a Request for Blood form and Certificate of Blood Withdrawal form must be completed.
  1. Method: Only the following people are authorized to draw blood for the purpose of testing blood alcohol content: physician, certified paramedic, registered nurse, licensed practical nurse, licensed laboratory director, supervisor, technologist, or technician, or any personnel authorized by a hospital to draw blood.
  1. Labeling: The blood vial shall be sealed with evidence tape and labeled with:

1)  Arrestee’s name,

2) Date sample was collected,

3) Initials of technician who drew the blood,

4) Incident report number.

  1. Storage: The blood sample containers shall be placed into the secure refrigerator in the Squad Room.
  1. Refusal: If the offender refuses to submit to any chemical test(s), the offender’s driver’s license is automatically suspended for one year (or 18-months for a second refusal).
  1. The officer who read the subject the implied consent (usually the arresting officer) shall complete an Affidavit of Refusal to Submit to Breath, Urine, or Blood Test form and collect the person’s driver’s license.
  1. Miranda Rights: Read the arrestee the Miranda rights before asking any incriminating questions, conducting an interview, or completing an Alcohol Influence Report.
  1. Documents: The arresting member shall complete or collect the following documents:
  1. Complete the HHPD DUI Report, to include:

1) Forms relating to:

  1. a) Suspect’s driving actions,
  1. b) Suspect’s behavior and statements,
  1. c) Suspect’s performance on the field sobriety tests,
  1. d) Vehicle’s condition and other physical evidence,
  1. e) Results of chemical tests,
  1. f) Suspect interview.

2) Chemical test documents, to include:

  1. a) Intoxilyzer printer card,
  1. b) Intoxilyzer Check list,
  1. c) Breath Test Affidavit.

3) Investigative narrative, detailing the incident, starting with the point of observation/contact through both pre-arrest screening and post-arrest activities.

4) An attachment checklist, included in the Forms packet, listing the items to be photocopied (e.g., DL, DUI citation, breath-test documents, etc., as applicable) and attached as part of the packet.

  1. Traffic Citation: Members shall complete the applicable civil or criminal traffic citations.

1) Members shall use the DUI uniform traffic citation when charging a person with DUI.

  1. Driver’s License: When a subject is arrested for DUI and has a breath alcohol level in excess of .08, the subject’s DL shall be confiscated and attached to the two white copies of the citation.

1) The yellow (Defendant’s) copy of the DUI citation shall serve as a temporary 10-day driving permit, if eligible.

  1. Complaint Affidavit: A Complaint Affidavit outlining the probable cause shall be completed for any cases involving a DUI arrest.

1) For cases where blood is drawn, do not arrest the driver or submit an arrest affidavit; rather, complete a sworn complaint and forward it to the State Attorney’s Office via Records. (This will enable the blood test analysis to be conducted without invoking the speedy trial rule.)

  1. Evidence/Property Report: Complete an Evidence/Property report for any items of property (to include chemical samples) submitted as evidence.
  1. Records Submission: Records, forms, citations, and reports shall be submitted to a supervisor for review and then forwarded to Records upon approval.