New Smyrna Beach DUI attorney Kevin J. Pitts has obtained the New Smyrna Beach DUI Policies and Procedures by filing a public records request. Mr. Pitts is a former Daytona Beach DUI prosecutor who has been defending New Smyrna Beach and Daytona Beach DUI cases since 2010. If you are accused of a DUI in New Smyrna Beach or the surrounding areas contact attorney Kevin J. Pitts today. Call 386-451-5112 to set up a free case evaluation with a former DUI prosecutor.
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 arrest.
The defendant will be asked if he/she will submit to a breath test. If the defendant refuses to submit to testing per Florida’s implied consent law the officer will read the defendant the Florida Implied Consent Law and the associated penalties.
The defendant will be searched and seat-belted inside a caged department vehicle. (CFA 17.09M, 29.02M)
The officer shall make appropriate disposition of the defendant’s vehicle and property in accordance with Directive 25-1 Vehicle Towing/Impoundment Procedures (or authorized alternatives), arrange for transportation and safety of any passengers.
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 conditions that may be the cause of impairment.
Those suspected of being under the influence of drugs will be requested to provide a urine or blood sample for drug testing.
An officer may require a person to submit to blood testing only when the officer has probable cause to 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)
A Blood Withdrawal FDLE/ICP Form will be completed when applicable and attached with the original paperwork.
Upon receipt of laboratory results indicating a BAC level of .08% or higher, or indicating the presence 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 5 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.