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

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. Miranda Rights: Read the arrestee the Miranda rights before asking any incriminating questions, conducting an interview, or completing an Alcohol Influence Report.

12. 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.

13. Records Submission: Records, forms, citations, and reports shall be submitted to a supervisor for review and then forwarded to Records upon approval.