Attorney Kevin J. Pitts is a Daytona Beach DUI Attorney that frequently handles Ponce Inlet 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 Ponce Inlet 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 consultation.

PURPOSE

The purpose of this Directive is to establish guidelines for conducting DUI countermeasure programs which are designed to reduce alcohol and drug related crashes.

DISCUSSION

Drivers impaired by alcohol and/or drugs represent the single most dangerous threat to the life and safety of those who use the streets and highways of this state.  It is estimated that as many as 45% of all traffic fatalities are alcohol or drug related.  Only comprehensive and coordinated countermeasure programs which include enforcement, education and public support will have an impact on those who drive under the influence.  These countermeasures are aimed at protecting innocent motorists life and property.

POLICY

611.1 It will be is the policy of the Ponce Inlet Police Department to make the detection, apprehension and prosecution of persons who drive under the influence a priority.  Officers must be alert in noticing signs of impairment and act accordingly when initiating a traffic stop. for suspicion of driving under the influence.

611.2 Officers must follow established procedures for traffic stops, standardized field sobriety exercises and breath testing.

611.3 Detection is the first step in any DUI enforcement action.  The officer’s observations are crucial in establishing probable cause upon which the arrest decision is based. Officers are expected to conduct a thorough and complete investigation to obtain all possible evidence concerning the subject’s impairment and formulate an appropriate arrest decision based on the evidence accumulated.

611.4 In the event that the subject’s impairment or actions are not sufficient enough to support an arrest for DUI, officer discretion shall allow for alternative action to include but not be limited to:

• Calling a taxi cab, providing means are available for payment.

• Calling a person with a valid driver’s license to take custody of the subject.

TRAINING

611.5 All officers will be afforded the opportunity to attend the Standardized DUI Detection and Field Sobriety  Enforcement Training.

STANDARDIZED FIELD SOBRIETY

611.6 This policy shall establish a standard procedure regarding DUI related contacts within the Department including roadside exercises and crash cases. Due to the multitude of variables involved with DUI situations, the following policy shall serve as a general guideline which may be adapted in unusual circumstances.

611.7 An officer coming in contact with a subject that they believe may be in violation of Florida Statutes regarding driving under the influence shall advise Communications.

611.8 Whenever possible, a back-up officer shall respond to assist the initiating officer.

611.9 The officer shall follow the procedures outlined in the Ponce Inlet DUI Processing Form and request the subject to perform the listed physical and/or mental performance exercises. (CFA 22.03M-A)

611.10 The officer shall endeavor to find a clear, level ground in the vicinity of the initial contact where the exercise is to be performed.  The area should be safe from motor vehicle traffic and well lit, if possible.

611.11 Upon completion of the field sobriety exercises, or refusal of such, the initiating officer shall take the appropriate action based upon the probable cause, obtained as a result of the totality of the circumstances. (CFA 22.03M-A)

611.12 Arrested subjects shall be transported to the Department for the breath test and/or urine sample and booking. (CFA 22.06M)

DUI AND BREATH TESTING

611.13 Violators shall be arrested for all offenses that constitute a crime pursuant to Florida Law (driving while intoxicated, reckless driving, leaving the scene of crash with injuries, etc) when probable cause exists.

611.14 The subject, arrested for DUI, shall be afforded the opportunity to take a breath test whenever possible and practical. (CFA 22.06M)

611.15 Breath tests shall be administered by a certified breath test operator who shall conform to the rules and procedures adopted by the Implied Consent Program of the Florida Department of Law Enforcement (FDLE).

611.16 The operator will be responsible for the proper completion of the following applicable paperwork: (CFA 22.06M)

• Breath test affidavit.

• Refusal form.

611.17 Log entries should be completed on ALL breath tests performed on the instrument, even if not of evidential value.

611.18 All log entries and signatures on the log must be legible.

611.17 If the subject’s Blood Alcohol Content (BAC) does not substantiate impairment, check for drugs or medical condition that may cause impairment.  Notify the shift supervisor immediately. (CFA 22.06M)

611.18 Conduct supplementary chemical test(s) in accordance with State requirement. (CFA 22.06M)

611.19 If the subject refuses to submit to the chemical test, complete the appropriate forms to invoke the implied consent sanction. (CFA 22.06M)

611.20 The operator should notify the breath testing agency inspector of any malfunction, deviation or needed changes relating to the breath testing equipment.

611.21 If a breath test operator is not available or on-duty at the time, a breath test operator should be requested from a surrounding agency prior to calling out an operator. (CFA 22.06M)

611.22 Should an outside agency request a breath test to be conducted by this Department, the supervisor should be notified and make the decision if an operator is available and if the activity level permits assistance.

611.23 Operators will complete an entry in CAD as a Special Detail when breath tests are conducted for an outside agency.

611.24 If the requesting agency sends their own operator to perform the breath test, they will be allowed access to the breath testing equipment.

611.25 Once a breath/blood/urine test has been conducted on a subject, the subject has a right, by Florida Statutes to an independent test of their own blood. Should a defendant make such a request, upon completion of the DUI and other processing procedures, the subject should be given access to a telephone in order to make arrangements for their independent blood test. (CFA 22.06M)

611.26 If the subject is able to make the necessary arrangement for an independent blood test reasonable arrangements shall be made. (CFA 22.06M)

611.27 If the subject has not been able to make the necessary arrangements, normal procedures and transport to VCBJ shall not be delayed.  The subject is responsible for the proper evidence procedures relating to the independent blood test. (CFA 22.06M)

DUI ARREST PAPERWORK

611.28 This policy shall provide the requirements and guidelines for the issuance of DUI citations, seizure of drivers license, issuance of temporary drivers permits and  proper completion of related paperwork under the DUI administrative suspension law, effective 10/01/90 for drivers who have a BAC of .08 or higher or who refuse the breath test and/or urine sample.

611.29 All DUI citation forms are to be completed in accordance with the procedure outlined in the State of Florida, Section IV-B, DUI (BAC .08% or above) Uniform Traffic Citation Procedures for Completion, that are available to all Department officers. (CFA 22.06M)

611.30 All drivers’ licenses in the defendant’s possession, shall be confiscated, a copy attached to the paperwork and the DL submitted with the report, to be returned to DHSMV. (CFA 22.06M)

611.31 A temporary permit (back of yellow copy) shall be issued when: (CFA 22.06M)

• Subject possesses a valid DL.

• Subject professes to have a valid DL, although not in possession and computer system is inoperable.

• Subject does not have a DL in his possession but can be verified by computer.

611.32 If the subject does not have a DL in his possession check the ”no” box by license surrendered, and insert the reason the DL was not surrendered in the space provided. (CFA 22.06M)

611.33 If confirmation cannot be obtained due to an inoperable computer system, write “computer down” in the “eligible for permit” area. (CFA 22.06M)

611.34 A temporary permit will not be issued when the subject’s name is under suspension or the subject does not have a DL in possession and a computer check reveals “no record found.” (CFA 22.06M)

611.35 Should the subject refuse to take the blood/breath/urine test, the defendant will be issued a temporary permit should the eligibility requirement be met. (CFA 22.06M)

611.36 Duplicate temporary permits may not be issued.

611.37 Original signatures are not required on all copies of the Charging Document or on the refusal forms; however, these forms must be officially sworn to including the raising of the right hand. (CFA 22.06M)

611.38 Upon completion of necessary paperwork, the subject is to be transported to the VCBJ.  The bond is to be indicated on the Charging Document when the prisoner is transported to the jail. (CFA 22.06M)

611.39 Should the breath test fall below .050gr/210L, the subject shall be requested to submit to a urine test (per Florida Implied Consent Rules). The shift supervisor will be immediately notified by the arresting officer. (CFA 22.06M)

611.40 Refusal to submit to the requested urine test will be treated as a refusal and the subject shall be transported to the VCBJ. (CFA 22.06M)

611.41 Upon completion of the urine test, the subject shall be transported to the VCBJ.  (CFA 22.06M)

611.42 The detainment of juveniles arrested for Driving Under the Influence is not addressed in Florida Statute 316.193. Officers should contact the Department of Juvenile Justice (DJJ) Volusia Regional Center (formerly DYS) to determine where the juvenile should be transported for their detainment.  However, DJJ may not receive an intoxicated youth into their facility without hospital clearance. After hospital clearance, DJJ may authorize the juvenile be transported to the Regional Juvenile Detention Center or released to a parent or guardian. (CFA 22.06M)

611.43 The subject being transported to the VCBJ shall be accompanied by the following paperwork: (CFA 22.06M)

• Original charging document.

• Copies of all teletypes.

• White copies of all DUI and UTC citations.

611.44 Copies of citations and the charging document should be made for record purposes and remain with the report. The officer will retain the pink copy. (CFA 22.06M)  

BLOOD TEST REQUEST (CFA 22.06M)

611.45 Should the subject or anyone involved in the situation receive serious bodily injury, per statute, blood can be forcibly taken and the citations issued upon receipt of the blood test results from FDLE or at the time of the arrest which starts the ninety (90) day prosecution rule.

611.46 Should the subject refuse to submit to a blood test as requested, a citation for DUI is to be completed for refusal and submitted with the charging document.

611.47 Florida Statute Section 316.1933 provides that in a DUI investigation involving death or serious bodily injury to another person, the suspect driver may be forced to submit to a blood test whenever the officer has probable cause to believe the suspect was under the influence of intoxicating beverages or drugs and caused or contributed to the crash.  Recent Court rulings have forced some changes to this procedure.  When dealing with a DUI investigation involving death or serious bodily injury 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 to the blood draw.

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

• A DUI suspect who refuses to cooperate with testing should be charged and/or processed for the refusal under the appropriate subsection of F.S. 316.1932 even when a warrant is obtained and testing ultimately accomplished.

• If the suspect is unconscious or otherwise incapable of either consent or refusal, all officers must make every attempt to secure a search warrant. The existence of exigent circumstances would allow for a blood draw, but must be documented fully.

In a serious bodily injury or death case, a forced 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.

611.48 A separate FDLE refusal form shall be completed. In either case, all charges and citations relating to a crash shall be completed at one time, either when the blood is drawn, or when the blood results return.

611.49 Blood drawn from the subject requires a “Certification of Blood Withdrawal” to be signed by the person drawing the blood and shall be submitted with the report.

611.50 A toxicology services “Work Request Form” shall be completed by the evidence custodian and submitted with the blood to FDLE.

611.51 The work request form should not be sealed in the blood container.

611.52 A copy of the form should be made and submitted with the report.

611.53 Should the subject be arrested for DUI, transported to the hospital due to illness or injury and admitted, arrangements will be made for a first appearance hearing. Present the suspect with appropriate citations and copies. (CFA 30.12M)

611.54 In a case where a breath test is impossible or impractical and blood has been drawn or requested, the following procedure shall be followed:

• If the DUI charges are to be filed when the blood results are returned from the crime lab and the blood results reveal a .08%BAC or higher, a UTC  is to be completed and submitted with the charging document.

• The officer is to write “unable to sign” in the area of the citation requiring the subjects signature.

611.55 Blood samples shall be collected in the approved container provided by the Department. Prior to transmittal to the FDLE lab, samples shall be placed in the evidence refrigerator and the door locked after placement. (See Policy and Procedure Directive 704, Evidence) (CFA 23.01-C)

URINE TESTING (CFA 22.06M)

611.56 In accordance with State Law, a urine test may be required of a subject suspected to be under the influence of drugs other than alcohol.

611.57 Whenever possible, the arresting officer shall witness collection of the urine, using due regard for the privacy and sex of the subject.  When the subject is the opposite sex of the arresting officer, an officer of the same sex as the subject shall witness the collection of the urine, or if such officer is not available, an officer from another jurisdiction or DUI Technician who is the same sex as the subject may be requested to do so.

611.58 Sterile plastic containers, which are available in each patrol vehicle, shall be used to collect urine samples. The officer shall make every attempt to ensure that the sample contains 50 milliliters of urine, as indicated on the container.

611.59 The officer shall seal the container with evidence tape and affix a label containing the required information.  The container shall be tagged as Evidence and an Evidence Sheet completed. (See Policy and Procedure Directive 704, Evidence).

SEIZURE OF VEHICLES IN DUI CASES

(CFA 22.06M)

611.60 Under certain circumstances, a vehicle may be seized and forfeited should the driver meet the following criteria:

• The person driving the vehicle must have a suspended driver’s license for a previous DUI.

• The person driving the vehicle must be the registered owner of the vehicle.

• The person driving the vehicle must be arrested for DUI.

611.61 If all the above criteria are met, the shift supervisor and Lieutenant must then decide if the vehicle is worth seizing.

611.62 A lien check can be conducted through teletype to determine if money is owed on the vehicle.

611.63 The vehicle shall be moved to the Town impound once the decision has been made to seize the vehicle.

611.64 The officer shall complete the required seizure paperwork and forward to CIU for follow-up.

611.65 The original seizure paperwork shall be forwarded to the Chief of Police or designee for final approval of the seizure. The supervisor shall, also ensure that a copy of the incident report is forwarded to the Chief of Police or designee prior to the completion of shift.

DRIVING UNDER THE INFLUENCE (DUI) CRASHES

611.66 See Policy and Procedure Directive 610, Traffic Crash Investigation.

INTOXILYZER MAINTENANCE

611.67 It shall be the responsibility of a the Department breath testing equipment inspector to ensure that the Intoxilyzer 8000 series breath testing instrument used by this Department is kept clean and in good working order.

611.68 An The Agency inspector shall be responsible for performing the agency inspection on the instrument in accordance with the rules and procedures set by the Implied Consent Program of the Florida Department of Law Enforcement.

611.69 An The Agency inspector shall ensure that proper records are maintained regarding breath tests and Department inspection tests that are conducted and shall maintain the required records with the F.D.L.E. and the Bureau of Driver Improvement regarding the breath test instrument and status of current certified technicians.

611.70 It will be the responsibility of a the Department inspector to be aware of the current supply of inventory and the safe storage and disposal of same.

611.71 A The Department Agency inspector shall submit an annual budget to the Administrative Supervisor regarding the maintenance and supply costs of the breath testing equipment.

611.72 Any malfunctions in the equipment shall be brought to the attention of the Chief of Police or designee as well as the area inspector for F.D.L.E.