Volusia County Sheriff’s Office DUI Policies And Procedures

Below are the Volusia County Sheriff’s Office DUI policies and procedures obtained from a public records request by Daytona Beach DUI Attorney Kevin J. Pitts. Attorney Kevin J. Pitts focuses his practice on DUI defense, criminal and civil traffic defense and criminal defense in Daytona Beach, Volusia County, Seminole County and the surrounding areas. If you are accused of a DUI in Volusia County contact Daytona Beach DUI Lawyer Kevin J. Pitts at 386-451-5112 to set up a free consultation.

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Daytona Beach DUI Attorney Kevin J. Pitts

TITLE: DUI ENFORCEMENT PROGRAM CODIFIED: 61.6 EFFECTIVE: 12-2015 RESCINDS/AMENDS: 61.6/06-2008 ATTACHMENTS: 0

PURPOSE

The purpose of this Directive is to establish policy and procedures for the enforcement of state laws prohibiting the operation of a motor vehicle while impaired due to alcohol or other controlled substances, (FSS 316.193, Driving or Actual Physical Control of a Motor Vehicle While Impaired Due to Alcohol or Controlled Substances; or, Driving With An Unlawful Blood-Alcohol Level (DUI)), and state law regarding zero tolerance (FSS 322.2616).

DISCUSSION

Enforcement of DUI traffic laws is an important duty of the law enforcement officer charged with protecting the public welfare. Drivers impaired by alcohol and/or drugs represent a serious threat to public safety. A comprehensive DUI enforcement program is necessary. This multi-faceted program includes not only enforcement of the traffic laws, but also education, prosecution, substance abuse treatment programs, and public support. Current Florida Law also requires law enforcement officers to seize the driver’s licenses of persons arrested for DUI under certain circumstances. The underlying intent of the law is to provide an immediate impact at the time of the DUI arrest. This directive will address law enforcement efforts in the areas of detection, apprehension, arrest, processing, and seizure of driver’s licenses. Procedures contained herein are intended to provide a uniform method for the agency’s enforcement countermeasures programs against alcohol and drug related traffic offenders.

POLICY

It shall be the policy of the Volusia County Sheriff’s Office to vigorously enforce the DUI traffic laws of the State of Florida to include the state’s zero tolerance law, FSS 322.2616. All uniformed Deputies shall make a concerted effort to detect and apprehend those persons suspected of violation of FSS. 316.193, Driving or Actual Physical Control of a Motor Vehicle While Impaired Due to Alcohol or Controlled Substances; Driving With An Unlawful Blood-Alcohol Level, and those persons under 21 y/o/a in violation of FSS 322.2616 (zero tolerance law). All Deputies affecting an arrest for violation of FSS 316.193 shall adhere to the provisions of FSS 322.2615 relating to the seizure and suspension of driver’s licenses.

PROCEDURE

61.6.1 While each DUI traffic stop is unique, the following procedures shall be followed as closely as is practicable. It is recognized that in some cases the level of intoxication may be so high that some procedures may be impractical. Also, if an intoxicated driver becomes belligerent, it may become necessary to physically secure the offender to minimize the danger of injury to the public, the officer, and/or the offender.

DETECTION PHASE

61.6.2 An impaired driver may be detected in a variety of ways. Frequently, the Deputy may first suspect the driver is intoxicated upon the initial face-to-face meeting after stopping the vehicle for some other reason. If the Deputy suspects intoxication prior to the traffic stop, it is important that the Deputy first establishes probable cause to stop/approach the offender during this phase. Probable cause to stop a vehicle may be established by the following means: A. The Deputy observes a violation of State or local traffic laws, or other violation, which gives the Deputy cause to stop the vehicle for the purpose of investigation or to take enforcement action. B. The Deputy observes specific behavior or driving style that indicate a high probability that the driver may be impaired by alcohol and/or drugs. 12-2015 Page 2 of 9 Directive: 61.6 C. The Deputy locates the occupied vehicle based upon a description from a citizen’s complaint of erratic, improper, or reckless driving. D. The vehicle and/or occupants are suspected of involvement in a criminal act. E. The vehicle and/or driver has been, or is suspected of involvement in a recent traffic accident. 61.6.3 Regardless of the means by which the Deputy comes into contact with an impaired driver, the Deputy must establish sufficient probable cause to stop and investigate. The Deputy shall note the indicators present and shall be able to articulate those factors in any subsequent arrest reports and/or court proceedings.

APPREHENSION PHASE

61.6.4 Once probable cause to stop a vehicle has been established, the Deputy shall conduct a traffic stop in accordance with the provisions of VCSO Directive 61.3. Often, it is at this time the Deputy may first become suspicious that the driver may be impaired. The Deputy shall carefully observe the driver’s actions and driving during this phase to gather further evidence to support an arrest.

INVESTIGATIVE PHASE

61.6.5 Once the vehicle has been stopped, the Deputy shall approach with caution. The Deputy will be alert to signs of intoxication due to alcohol and/or drug use. This investigative process is continuous as long as the Deputy is in contact with the offender. The following procedures shall apply, where applicable. 61.6.6 Upon the initial approach to the vehicle, the Deputy should look into the vehicle interior for such plain-view evidence as open containers of alcoholic beverages or narcotics residue or paraphernalia. 61.6.7 The Deputy should request the driver’s license, vehicle registration, and insurance card. The Deputy shall be alert for the odor of alcoholic beverages and shall note any physical characteristics indicating alcohol and/or drug use. 61.6.8 If the driver is suspected of being intoxicated, they will be asked to exit the vehicle. The Deputy will note the driver’s balance, demeanor, speech, and general appearance. 61.6.9 The Deputy will advise the driver of the specific reason for the traffic stop (i.e. speeding, improper lane change, equipment violation, etc.). At this point the Deputy may proceed with processing the traffic infraction while continuing to observe the driver for signs of impairment due to intoxication. 61.6.10 Upon a reasonable suspicion that the driver may be impaired due to alcohol and/or drugs, the Deputy will advise the driver they are suspected of a DUI violation. 61.6.11 The Deputy should proceed with the DUI investigation and may ask specific questions concerning the driver’s consumption of alcohol or drugs.

FIELD SOBRIETY EXERCISES

61.6.12 If conditions warrant, the driver will be asked to take a Field Sobriety Exercise (FTE). If the driver agrees, the Deputy shall carefully observe the driver’s performance during the exercises and accurately record the results. The Deputy will administer at least three (3) of the acceptable Standardized Field Sobriety Exercises (SFSE) approved by the National Highway Traffic Safety Administration (NHTSA). These three acceptable exercises include:

A. HORIZONTAL GAZE NYSTAGMUS EXERCISE: [This exercise may only be administered by those Deputies who have attended a 24-hour Field Sobriety Exercise training class and who have been instructed in the proper use and procedures of the HGN] Please remove your glasses (if worn). Inquire as to contact lenses or documented eye irregularities (soft contacts will not cause any problems; however some older hard contact lenses may prevent maximum reach at maximum deviation). Put your feet together, hands at your side. Keep your head still and look at and follow this stimulus with your eyes only. Keep looking at the stimulus until the exercise is over. Try not to move your head. Do you understand the instructions?

B. ONE-LEG-STAND EXERCISE: Stand with heels together, arms and hands hanging straight down to the sides. Raise one foot approximately six (6) inches off the ground and hold that position. Count out loud from one to thirty in the manner, “one thousand one, one thousand two…….one thousand thirty.” The Deputy will time the driver for thirty (30) seconds, at which time the Deputy may then cease the driver’s counting if the count of 30 is not yet met by the driver.

C. HEEL-TO-TOE WALK AND TURN EXERCISE: Put the left foot on the line and the right foot directly in front of it, touching heel-to-toe. Hands kept straight at the sides. At the officer’s command, take nine (9) steps forward, heel-to-toe, counting each step out loud. After taking the last step, keep the front foot in place and turn using a 12-2015 Page 3 of 9 Directive: 61.6 series of small steps with the rear foot, rotating on the ball of the front foot. Take nine (9) steps, heel-to-toe, in the new direction returning to the point of beginning. 61.6.13 There will be cases, such as crashes involving injuries to the impaired suspect, where the exercises are not applicable. In those cases, the Deputy will provide detailed documentation of the reason for deviating from performing the SFSE’s. 61.6.14

Absent the required HGN training, or the inability to perform one of the above exercises, the Deputy may also administer other recognized Field Sobriety Exercises (FSE’s). In such cases, the Deputy will sufficiently articulate how the selected exercise assisted in determining impairment. These FSE’s include:

A. FINGER-TO-NOSE EXERCISE: Stand with your feet together, arms at your side and your index fingers pointed straight towards the ground (demonstrate). Do not start the exercise until told to do so. Do you understand the instructions so far (make sure the subject understands with a verbal response). When I tell you to start, close both of your eyes and tilt your head back. When I tell you to, bring the hand and pointed index finger straight out in front of you and then bring the tip of the index finger to the tip of your nose and then back to your side without stopping (demonstrate the exercise to the subject). Do you understand the instructions so far (make sure the subject understands with a verbal response). The exercise will be conducted in the following sequence: left-right; left-right; right-left.

B. RHOMBERG BALANCE WITH RECITATION EXERCISE: Stand with your feet together and arms down by your side (demonstrate). Do not start the exercise until told to do so. Do you know your numbers from 1 to 100? And do you know the English alphabet? Based on the subject’s response, the Deputy will then follow-up with the appropriate exercise: x If Alphabet: When I tell you to begin, close your eyes and tilt your head back and keep your arms at your side. You will recite the entire alphabet out loud in a slow, non-rhythmic manner until I tell you to stop; do you understand the instructions so far (make sure the subject understands with a verbal response). Remain in the instruction position until I tell you to stop. x If Numbers: When I tell you to begin, close your eyes and tilt your head back and keep your arms at your side. Count out loud from ___ to ___ (Deputy decides the appropriate number series equal to 30 seconds of counting). Do you understand the instructions so far (make sure the subject understands with a verbal response). Remain in the instruction position until I tell you to stop. 61.6.15 When sufficient probable cause to arrest has been established, the Deputy will then advise the driver he is under arrest and may then arrest the offender. The Deputy shall retain their discretionary privilege to arrange for some other disposition in lieu of arrest in questionable cases.

ARREST/PROCESSING PHASE

61.6.16 If the offender is arrested the following procedures shall apply. 61.6.17 In all cases the offender will be handcuffed immediately following arrest and shall be secured inside a caged Department vehicle. 61.6.18 The Deputy shall immediately notify Central Communications they have made an arrest, and shall note the specific time of arrest. The time given by the dispatcher shall be the official time of arrest. 61.6.19 An appropriate disposition shall be made of the offender’s vehicle in accordance with VCSO Directive 61.13. 61.6.20 The arresting Deputy shall advise the offender of the circumstance of his/her arrest, and: A. They will be asked to take a breath test if alcohol is suspected; B. They will be asked to take a urine test if drugs are suspected; C. If the offender refuses to provide a breath sample for alcohol or a urine sample for drugs, then the offender shall be read the Florida Implied Consent Law. D. The offender shall be advised that his/her refusal could cause the suspension of their driver’s license and that any refusals could be used against them in court. E. If the offender still refuses, then the offender will be charged with DUI refusal and a Breath Test Refusal Affidavit will be completed and submitted along with all associated paper work. F. If the person agrees, then the arresting Deputy shall make arrangements to have Central Communications locate a VCSO Breath Test Operator (BTO) and the offender shall be transported to a VCSO District Office where a valid Breath Testing Instrument is located. G. The VCSO has a certified Intoxilyzer in Districts 2, 3, 4, and 5. 12-2015 Page 4 of 9 Directive: 61.6 61.6.21 The offender shall be transported to the designated location within the Sheriff’s Office to meet with the BTO for the breath test and all applicable paper work to be completed in accordance with Florida Administrative Code, Rule 11 D-8. If no agency BTO’s are on duty, arrangements may be made to have the breath test conducted by another agency. 61.6.22 Breath testing shall be conducted by BTO operators. If the breath test is given by another agency, the arresting Deputy shall adhere to this Department’s policies as closely as is practicable. 61.6.23 After arriving at the location for the breath test, the offender will be observed by the BTO for a required 20 minute observation period. This time is to ensure the offender has nothing in his/her mouth, drinks or takes anything, or regurgitates or brings anything up in their mouth that may interfere with a valid sample being obtained of their breath. This 20 minute observation time may be used to make sure the offender has been read Miranda before asking them the questions about their driving and prior actions. 61.6.24 The arresting Deputy shall be responsible for all citations, arrest reports, tow sheets, and booking of the offender. 61.6.25 The BTO operator will be responsible for all Administrative Code Rules 11 D-8 forms of the alcohol influence report, breath testing and its associated reports and forms.

SPECIAL CIRCUMSTANCES

61.6.26 The breath-alcohol test shall be the normal test requested of a DUI offender. If the breath sample reads .049 or below and the Deputy suspects impairment/intoxication is due to drugs or other controlled substances, they shall request the offender supply a urine sample to be collected and sent to FDLE for analysis. 61.6.27 In all cases where drugs are the primary suspicion for the impairment and the breath sample reads .049 or below, the Deputy will contact the Communications Center in an attempt to locate and use a Department Drug Recognition Expert (DRE); DRE’s are used for observation and screening of the offender to try and identify the type of drug(s) that may be causing the impairment of the offender. 61.6.28 After the DRE has been located and responds, it will be the responsibility of the arresting Deputy to remain with the DRE for the interview and evaluation phase of the investigation. 61.6.29 The DRE shall follow all the Administrative Rules and Regulations for completing the evaluation and shall be responsible for all the required paper work of the evaluation of the offender. 61.6.30 If for any reason the offender is incapable of giving a sufficient breath sample, the Deputy may request a blood or urine sample to be collected. The blood sample shall be taken by an authorized person as defined in FSS 316.1932(f)2a., and the offender will be transported to the nearest hospital where the blood may be taken. 61.6.31 If the offender becomes ill, unconscious, or otherwise incapacitated, he/she shall be transported to a hospital emergency room for treatment. If incapacitation occurs prior to the taking of a breath sample, a blood sample should be taken while at the medical facility.

DRIVER’S LICENSE SEIZURE/SUSPENSION

61.6.32 FSS 322.2615 provides for the seizure and suspension by the arresting officer of the driver’s licenses of persons arrested for DUI under certain circumstances. The seizure and suspension may be made only for impairment due to alcohol intake; or for refusal to submit to a blood or urine test as requested and required. The DUI Uniform Traffic Citation will be used for cases falling within the purview of this statute. In all other cases, the standard Uniform Traffic Citation will be used. 61.6.33 There are only two instances in which the driver’s licenses may be seized under this statute: A. The offender has a blood-alcohol level of .08% or higher; or B. The offender refuses to submit to a blood-alcohol test. 61.6.34 DUI Uniform Traffic Citations will be retained by the VCSO BAT Unit Coordinator and shall be made available at each of the Department breath testing locations; DUI Uniform Traffic Citations are also available electronically through use of the Iye Tek portal.

BLOOD-ALCOHOL LEVEL .08% OR HIGHER

61.6.35 In this instance it is necessary that the offender give a breath sample if the Deputy is to seize the driver’s licenses immediately. If blood or urine is taken, the licenses may be suspended at a later date after receiving test results indicating a blood-alcohol level of .08% or higher. In either case, the license is automatically suspended, 12-2015 Page 5 of 9 Directive: 61.6 administratively, for six (6) months for the first offense and for one year for subsequent offenses. This suspension has no effect upon any subsequent punitive suspension awarded by a court. The following procedures shall apply.

BREATH TEST

61.6.36 Following a lawful arrest for DUI, the breath test will be administered to the offender. 61.6.37 If any one of the test results is .08% or higher, the Deputy will issue a DUI Uniform Traffic Citation and retain any and all driver’s licenses held by the offender. This includes licenses issued by any state or foreign country. 61.6.38 The Deputy will check the first block below the Defendant’s signature line indicating that the license is suspended for driving with an unlawful blood-alcohol level. 61.6.39 The arresting Deputy will request a teletype verification of the license status to ensure there are no other suspensions currently in effect. 61.6.40 If no other suspensions/revocations are currently in effect, the Deputy will check the “YES” block on the citation indicating the driver is “Eligible For Permit?”. This allows the offender to use their copy of the citation as a ten-day (10 DAY) Temporary Driving Permit. 61.6.41 If the license is currently suspended or revoked, or there is no verification that the offender has a current license issued, the Deputy will check the “NO” block on the citation. The Deputy will indicate the reason the offender is not eligible for the permit on the line provided. 61.6.42 The remainder of the citation will be completed in accordance with the instructions issued by the Department of Highway Safety and Motor Vehicles.

BLOOD/URINE TEST

61.6.43 If blood or urine is taken, the samples will be submitted to the Evidence/ Property Section for further shipment to an appropriate lab for analysis. In this instance the driver’s licenses may not be immediately seized. 61.6.44 The offender will be issued a standard Uniform Traffic Citation charging Driving While Impaired Due to Alcoholic Beverages. 61.6.45 Upon receipt of the results of the chemical analysis of the blood or urine samples, the arresting Deputy will check for a blood-alcohol level of .08% or higher. 61.6.46 If the results indicate a blood-alcohol level of .08% or higher, the arresting Deputy will submit the appropriate reports and forms to the State Attorney’s Office, along with the appropriate citations for the offense of DUI. The Deputy may make contact with the offender and issue them the DUI Uniform Traffic Citation, and submit all reports to the Bureau of Driver Improvement, who may then suspend the offender’s driver’s license. In either case, the Deputy shall complete all needed paper work and forward to the State Attorney’s Office and the Department BAT Unit office.

REFUSAL TO SUBMIT TO BLOOD-ALCOHOL TEST

61.6.47 Following lawful arrest, the Deputy will request the offender submit to a breath test; or blood/urine test if circumstances dictate. If the offender refuses to submit to the test, the driver’s license is automatically suspended for a period of one (1) year for a first refusal, or for eighteen (18) months for a second or subsequent refusal. 61.6.48 The arresting Deputy or BTO will read the Florida Implied Consent Law to the offender and request that they submit to a blood-alcohol test. 61.6.49 The offender must then refuse to take the offered blood-alcohol test. 61.6.50 The Deputy will issue a DUI Uniform Traffic Citation and retain any and all driver’s licenses held by the offender. This includes licenses issued by any state or foreign country. 61.6.51 The Deputy will check the second block below the defendant’s signature line indicating that the license is suspended for refusing to submit to a blood-alcohol test. 61.6.52 The arresting Deputy will request a teletype verification of the license status to ensure there are no other suspensions currently in effect. 61.6.53 If no other suspensions/revocations are currently in effect, the Deputy will check the “YES” block on the citation indicating the driver is “Eligible For Permit”. This allows the offender to use their copy of the citation as a ten day (10-DAY) Temporary Driving Permit. 12-2015 Page 6 of 9 Directive: 61.6 61.6.54 If the license is currently suspended or revoked, or there is no verification that the offender has a current license issued, the Deputy will check the “NO” block on the citation. The Deputy will indicate the reason the offender is not eligible for the permit on the line provided. 61.6.55 The remainder of the citation will be completed in accordance with the instructions issued by the Department of Highway Safety and Motor Vehicles.

ADMINISTRATIVE PROCEDURES

61.6.56 In all cases falling under the purview of FSS 322.2615, two separate documentation “packets” must be prepared. One packet is to support the arrest and booking of the offender. The second packet supports the seizure and suspension of the driver’s licenses.

ARREST PACKET

61.6.57 It shall be the responsibility of the arresting Deputy to prepare and/or assemble all necessary paperwork and citations to support the arrest of the offender. These documents may include some or all of the following: A. SA-707 Arrest Report/Complaint Affidavit; B. All issued citations, including the DUI Uniform Traffic Citation; C. Alcohol Influence Report; D. Breath Test Report/Results; E. Affidavit of Refusal To Submit; F. Teletypes; G. Incident Report (if required); and H. Tow Sheet (if required).

SUSPENSION PACKET

61.6.58 It shall be the responsibility of the arresting Deputy to assemble the packet to support the seizure and suspension of the driver’s license. This packet must include the following: A. A copy of the DUI Uniform Traffic Citation; B. A copy of the arrest affidavit (SA-707) which contains an original signature and original LEO notary and is separately sworn to by the arresting officer; C. A copy of the Alcohol Influence Report; D. A copy of the breath, blood, or urine tests; or, the originally sworn Affidavit of Refusal to Submit; E. The driver’s license, if surrendered. 61.6.59 The arresting Deputy will forward the completed suspension packet to the BAT Unit Coordinator at VCSO district three where it will then be checked and recorded before being taken to the Bureau of Driver Improvement Office.

BUREAU OF DRIVER IMPROVEMENT OFFICE

61.6.60 The Department of Highway Safety and Motor Vehicles, through the Bureau of Drivers Improvement Office, reviews and processes all DUI cases in which the arresting officer seized/suspends the driver’s licenses of the defendant. All suspension packets will be sent to. Bureau of Driver Improvement 995 Orange Ave. Daytona Beach, FL 32114

CONCENTRATED ENFORCEMENT EFFORTS

61.6.61 The Department may engage in concentrated DUI enforcement efforts when deemed necessary. The Special Services Captain shall be responsible for coordinating concentrated enforcement efforts. 61.6.62 Concentrated enforcement efforts may be conducted when deemed necessary due to holidays, special events, or periods of unusually high alcohol-related accidents or arrests. 61.6.63 The targeted areas will be selected based upon accident/citation statistics involving impaired drivers, and past Department experience in identifying specific problem locations. 61.6.64 Selective roadway checks (checkpoints) for impaired drivers are also authorized for deterrence purposes. 61.6.65 The Special Services Captain may assign any personnel under his/her command to concentrated DUI enforcement efforts to include, but not limited to: 12-2015 Page 7 of 9 Directive: 61.6 A. The Special Enforcement Team; B. Traffic Units; C. Selected Zone Deputies; D. Reserve Deputies.

ARRESTING JUVENILES FOR DUI TRAFFIC OFFENSES

61.6.66 The procedure for the arrest of a juvenile for DUI will be handled in the same manner as the arrest of an adult except for the requirements surrounding the detainment of the juvenile per FSS 318.143(5).

ZERO TOLERANCE LAW

– FSS 322.2616 [OVER THE LIMIT & UNDER 21 Y/O/A] 61.6.67 Effective January 1, 1997, FSS 322.2616 was enacted which provides for the suspension of the driver’s license of any person under the age of twenty-one years of age (21 y/o/a) who has a blood alcohol level of .02 percent or higher, who is driving and in actual physical control of a motor vehicle. 61.6.68 Violation of this statute (FSS 322.2616) results in administrative suspension of the person’s driver’s license and is neither a traffic infraction nor a criminal offense unless the person is arrested for DUI in violation of FSS 316.193. 61.6.69 FSS 322.2616 provides that a law enforcement officer who has probable cause to believe that a vehicle is being driven by or is in the actual physical control of; a person under the age of twenty- one years of age while under the influence or with a breath alcohol level may lawfully detain the person and request he/ her to submit to a breath test. 61.6.70 Further, FSS 322.2616 specifically states that detention pursuant to this section does not constitute an arrest. For this reason, it has been recommended that law enforcement agencies do not transport underage drivers to a breath testing facility. Since a violation of FSS 322.26216 is not a criminal act, it is also recommended that the driver not be handcuffed, placed in an area with persons who are under arrest or taken to a detention facility 61.6.71 For the purpose of this statue, and to keep and maintain the rights of those stopped under the age of twenty- one (21), it is the policy of the Volusia County Sheriff’s Office to have a person respond to the location of the traffic stop who has been trained in the use of and who has an Alco Sensor Hand Held Breath testing Device that is and has been approved for the purpose of testing those drivers under the age of twenty-one (21) years of age, who have been lawfully stopped for committing a traffic infraction, or who were found to be in actual or physical control of a motor vehicle and have been determined to be under the influence of alcohol. 61.6.72 Any person found in violation of FSS 322.2616 shall first be read the Implied Consent Warning which is on the front part of the suspension notice. If they are found to be in violation or refuse, they shall be issued an Under 21 citation packet to include: This will include the following: A. Affidavit of probable cause; B. Breath test result affidavit, or the Refusal Affidavit (whichever is applicable); and C. Notice of suspension if the results were above a .02 and the driver was under the age of twenty- one. 61.6.73 This packet is provided by DHSMV and is located throughout the Sheriff’s Office locations. This packet, when completed along with a copy of any traffic citations and any other reports or paper work, will be forwarded to The VCSO Bat Unit to be validated and forwarded to The DHSMV Office.

GUIDELINES FOR ENFORCEMENT OF FSS 322.2616 61.6.74

First, you must ensure that lawful contact was made prior to an underage driver being checked for a violation of FSS 322. 2616. Lawful contacts include but are not limited to: A. A traffic stop related to a violation of Florida Law; B. Contact at a sobriety checkpoint. C. Driver’s license and equipment checkpoints. D. Contact at the site of a traffic crash. E. A consensual encounter with an underage driver. 61.6.75 First the Deputy shall rule out the possibility that the driver is legally impaired under FSS 316.193 before checking for a violation of FSS 322.2616. If the driver is found to be impaired or under the influence, then the Deputy shall proceed with a D.U.I. investigation, and if needed, an arrest should be made for D.U.I. A. Interview the driver, verify the driver’s age and check for signs of impairment. B. Check the driver for a medical bracelet, or condition. 12-2015 Page 8 of 9 Directive: 61.6 C. Have the driver perform standardized field sobriety tests if reasonable cause exists. D. Rule out probable cause to make an arrest for D.U.I. x If the decision is made to apply the use of a P.B.T. (portable breath tester), and the person provides a breath sample and that sample provided is above a 0.02 level including up to or even above an 0.08, a change cannot be made to then arrest for D.U.I. x The deputy shall rule out the possibility of D.U.I first and then proceed to enforce the FSS 322.2616. 61.6.76 If no D.U.I arrest is to be made, but there are indications of alcoholic beverage consumption, you should determine if the driver is in violation of FSS 322.2616 through the use of the P. B. T. 61.6.77 If there is no arrest for another violation and the driver is age 18-22, the driver will be released after complying with the requirements of FSS 322.2616. The driver will not be allowed to continue to drive if any presence of alcohol and or impairment is noted. All opportunities will be made to contact the legal registered owner of the vehicle and make arraignments to have the owner respond to the location and retrieve the vehicle. If the driver is the owner and no other person determined not to be under the influence is not on seen or cannot respond in a reasonable time then the vehicle will be towed according to any and all VCSO policies concerning the towing of vehicles. 61.6.78 If there is no arrest for another violation and the person is under the age of 18, the Deputy shall follow the procedures listed below: A. Attempt to contact a parent, guardian or legal custodian to come and pick up the vehicle and child; B. If contact with a responsible person is unable to be made, the vehicle shall be towed, and transportation to the violator’s residence shall be obtained. C. If any of the conditions cannot be made, a VCSO Supervisor shall be contacted and any and all VCSO policies and procedures involving juveniles shall be followed. 61.6.79 At the conclusion, the under 21 y/o/a driver shall be given his/ her copy of the .02 suspension notice and advised that his/ her driver’s license is now suspended and they cannot operate a motor vehicle. 61.6.80 They have a 10-day period that they must contact the Driver Improvement Office at 995 Orange Ave., Daytona Beach, and request a hearing about their license. 61.6.81 It should be noted that at all times during the encounter with any impaired driver and particularly with a minor, the person’s safety and any medical needs should be noted and addressed.

TRAINING, RECORDS AND MAINTENANCE OF THE PBT

61.6.82 A PBT test can only be administered by a person who has received documented training in the use of the PBT. 61.6.83 It shall be the duty and responsibility of the Volusia County BAT Unit Coordinator and/or a designated FDLE certified VCSO Inspector to conduct accuracy checks every six months. The purpose of these accuracy checks is to ensure that: A. The PBT works within acceptable guidelines as set forth by the manufacturer; B. The instrument still operates within the guidelines set forth in FSS section 322.2616(17) for devices acceptable for use of administering breath test for a person under the age of 21; C. The operation limits set for the temperature guidelines and the instrument’s tolerance levels are still acceptable given a test with a known value of alcohol dry gas. 61.6.84 The records for each of the inspection tests will be noted on the operator’s Breath Test Log Book carried and used with each instrument in the field, as well as on the matching Agency Calibration Log. 61.6.85 The Breath Test Log Book shall accompany the PBT in the field; all tests run on individuals will be noted as to: A. Name; B. Date; C. Test results of both tests; D. Officer requesting the test; and E. Name of the agency and the BTO’s name 61.6.86 The Agency Calibration Log shall be kept and maintained in the BAT Unit Office of the Volusia County Sheriff’s Office and shall show: 12-2015 Page 9 of 9 Directive: 61.6 A. Any deviations or notes of repairs, failures, or out-of-service repair needs that may be required and/or performed to the unit(s)notes; B. An accurate accounting of all downloaded tests that must be removed from the PBT periodically to keep the unit’s memory from becoming full. 61.6.87 These calibration tests and downloaded notes will be kept in accordance with the Florida State Archive Record Retention Schedule should any checks or requests of the units’ working abilities resulting from any civil or criminal hearing arise from the units’ use.

About daytonabeachduiattorney

Daytona Beach DUI attorney Kevin J. Pitts handled over 5,000 cases as a DUI prosecutor and defense attorney. Mr. Pitts has successfully completed the 16 hour breath test operator course in Seminole County giving him valuable insight into the Intoxilyzer 8000. If you are fighting a breath test you should have a Volusia County DUI lawyer that not only has been tested on the Intoxilyzer 8000 but who also knows how to operate it. The Law Offices of Kevin J. Pitts has offices in Daytona Beach and Sanford. View all posts by daytonabeachduiattorney

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