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DUI Stops
DUI Traffic Stops
| Question | Answer |
|---|---|
| the process by which alcohol enters the bloodstream | absorption |
| being physically in, on, or around the vehicle and having the capability to operate the vehicle | actual physical control |
| the limit at which an individual is presumed impaired and cannot legally operate a vehicle; BAC is expressed in terms of grams of alcohol in every 100 milliliters of blood | blood alcohol concentration BAC |
| the limit at which an individual is presumed impaired and cannot legally operate a vehicle; BrAC is expressed as grams of alcohol per 210 liters of breath | breath alcohol concentration BrAC |
| something that leads to the solution of a problem, such as a fingerprint or DNA evidence; the behaviors observed during the performance of the Standardized Field Sobriety Tests | clue |
| a reminder or prompting as a signal to do something, e.g., take enforcement action or observe the vehicle more closely | cue |
| the process by which the bloodstream carries alcohol to the body's tissues and organs | distribution |
| the ability to concentrate on two or more things at the same time | divided attention |
| driving, having driven, or in actual physical control of a vehicle while impaired by use of alcohol or other substances that adversely affect the auditory, visual, or mental processes | driving under the influence DUI |
| any substance that, when taken into the human body, can impair the ability of the person to operate a vehicle safely | drug |
| an expert specially trained and certified in investigations involving drugs or drug-impaired drivers | drug recognition expert DRE |
| Entire general process of identifying and gathering evidence to determine whether a subject should be arrested for DUI, usually (not always) including 3 phases; 1: Vehicle in motion, 2: Personal contact, and 3: Pre-arrest screening (DUI Traffic Stops) | DUI detection process |
| a process by which alcohol is expelled from the body which includes breath, sweat, tears, and saliva | elimination |
| an involuntary jerking of the eyes as they move to the side | horizontal gaze nystagmus HGN |
| the fact that any person who accepts the privilege of driving in Florida has consented to submit to an approved chemical test to determine the alcohol content or the presence of a chemical and/or controlled substance in their breath, blood, or urine | implied consent |
| the condition where the gaze of the eye has moved as far as it can go towards the shoulder and no white is visible at the outside of the eye | maximum deviation |
| the biological process by which the body breaks down substances into compounds that are more readily excreted | metabolism |
| an involuntary jerking of the eyes caused by a disruption of the central nervous system | neurological nystagmus |
| the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and normally perform the mental and physical acts of daily life | normal faculties |
| an involuntary jerking of the eyes | nystagmus |
| an involuntary jerking of the eyes which can occur as a result of brain tumors, other brain damage, or some diseases of the inner ear | pathological nystagmus |
| when a person uses two or more drug categories simultaneously | polydrug use |
| field sobriety tests that measure a person's ability to perform both mental and physical tasks simultaneously | psychophysical tests |
| an involuntary jerking of the eyes as they look straight ahead. Its presence usually indicates a pathological condition or high doses of a dissociative anesthetic drug, such as PCP. | resting nystagmus |
| the scientifically standardized and validated psychophysical tests given to determine chemical impairment. Also known as Standardized Field Sobriety Exercises or Evaluations SFSE | Standardized Field Sobriety Tests SFST |
| every device in, upon, or by which any person or property may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks | vehicle |
| the involuntary jerking of the eyes as they move upward and are held at maximum deviation | vertical gaze nystagmus VGN |
| an involuntary jerking of the eyes caused by movement or action to the vestibular inner ear system | vestibular nystagmus |
| anywhere in Florida, whether on roadways, or public or private property | within the state |
| Some estimates indicate that about ___% of America’s drivers at least occasionally drive while under the influence, and that offenders actually commit the offense an average of __ times per year. | 25/ 80 |
| DUI is both a ________ and a law enforcement problem | societal |
| The ultimate goal is to reduce the number of impaired drivers through_________, __________, and _____________. | prevention, education, and deterrence. |
| prevention, education, and deterrence.Alcohol falls into the drug category of __________ _____________ ____________ and is the most abused drug in the United States. | Central Nervous System Depressant |
| An officer should have a thorough understanding of the impaired driving laws that apply in Florida and should remain up-to-date on the constant____ _____challenges, if they are to conduct effective DUI enforcement. | case law |
| Using the logic in the ________ opinion, vehicles could also include bicycles, scooters, ATVs, go-carts, golf carts, mopeds, etc. | Howard (State v. Howard, 510 So.2d 612 (3rd DCA 1987) |
| The U.S. Supreme Court has ruled that a LEO is not required to administer ______ _____ during the course of a traffic stop in which the officer temporarily detains a motorist in order to ask a few brief questions and issue a citation. | Miranda warnings (Berkemer v. McCarty, 468 U.S. 420 (1984)) |
| (Breath Test) If the results of the test indicate an alcohol concentration of _____ or higher, the officer needs to complete a DUI Citation. | 0.08 |
| (Breath Test) If the result is below a 0.08, the officer should complete a Uniform Traffic Citation for the charge of DUI based on the probable cause for the arrest. | Uniform Traffic Citation |
| A _________________________ will administer the breath test to an arrested driver per agency policy. | certified Breath Test Operator |
| If a breath test result is below a 0.08 and an officer has probable cause to believe that the subject is impaired by substances other than alcohol, the officer should request a ______ test. | urine |
| You can request blood based on the following criteria per s. 316.1932(1)(c), F.S. and your agency’s policy: | • reasonable cause was under the influence of alcohol, chemical, or controlled substance while driving / actual physical control • The breath test was impractical / impossible to give. (Document why.) • The subject is at a medical facility for treatment. |
| A person who has any alcohol in his or her body may not drive or be in actual physical control of a _____________________in this state. | commercial motor vehicle |
| If the driver’s alcohol concentration level is at or above 0.02, or if he or she refuses to submit to a breath test, his or her driver’s license privilege will be suspended. | Drivers Under 21 Years of Age (0.02 Violation) |
| _________________________________ may not be used for DUI arrests. They may be used for violations such as drivers under 21 years of age (0.02 violation) or for commercial motor vehicle enforcement when there is insufficient evidence of DUI. | Portable breath test devices |
| The DUI Citation is used either for a DUI with an alcohol concentration of 0.08 or higher or _______________________ | when the violator has refused any chemical test |
| In order to arrest someone for a DUI offense, a law enforcement officer must have ____________________ to believe that all elements of the offense are present. | probable cause |
| The detection process begins when a law enforcement officer: | first suspects that an individual may be driving under the influence |
| The typical DUI investigation involves three phases: | • Phase One: Vehicle in motion • Phase Two: Personal contact • Phase Three: Pre-arrest screening |
| Beginning in late 1975, extensive scientific research studies were sponsored by NHTSA through a contract with the __________________ to determine which roadside field sobriety tests were the most accurate. | Southern California Research Institute (SCRI) |
| The most accurate and reliable battery of tests for distinguishing alcohol impairment: X3 | • Horizontal Gaze Nystagmus (HGN) • Walk-and-Turn (WAT) • One-Leg Stand (OLS) |
| There are _____________ broad categories of drugs that may impair drivers. | seven |
| Polydrug use may produce the following effects: x4 | • Null:• Overlapping: • Additive: • Antagonistic: |
| if the effects of the prescribed medication impair the driver’s ability to drive, the driver should be treated the same as someone ____________________ | impaired by illegal drugs or alcohol. |
| An officer who has a suspected drug-impaired driver should consider contacting a local ___ to assist in the investigation | DRE |
| The common effects of alcohol on the driver’s mental and physical faculties lead to predictable driving violations and vehicle operating characteristics. These include: | • slowed reactions • impaired judgment as evidenced by a willingness to take risks • impaired vision • poor coordination |
| After you give the command to stop, the impaired driver may exhibit additional important evidence of DUI. These observations may include the following: | • an attempt to flee • no response • a slow response • an abrupt swerve • a sudden stop • striking the curb or another object |
| Once a vehicle is stopped, an officer should not ask a suspected impaired driver to___________________ | move to a safer location. (the officer may be liable for any injuries or property damage sustained during the move.) |
| Some specific DUI clues detectable by sight include: | • bloodshot eyes• soiled clothing • fumbling fingers • alcohol containers• drugs or drug paraphernalia• bruises, bumps, or scratches• unusual actions |
| You might hear these things during the interview, which would be describable clues or evidence of alcohol and other drug influence: | • slurred speech • admission of drinking • inconsistent responses • abusive language • unusual statements |
| There are things you might smell during the interview that would be describable clues or evidence of alcohol and other drug influence. Typically these include the following examples: | • alcoholic beverages • marijuana • cover up odors like breath sprays • cigarette or cigar |
| The examinations that an officer can conduct to assess possible medical impairment include noticing the following: | • pupil size • resting nystagmus • tracking ability |
| The questions you ask and the way in which you ask them can constitute simple divided attention tasks. Three techniques are particularly pertinent: | • asking for two things in one request • asking interrupting or distracting questions • asking unusual questions |
| Possible evidence of impairment may come to light as the driver responds to a dual request (requesting more than 1 item). Be alert for the driver who: | • forgets to produce both documents • produces documents other than ones requested • fails to see the license, registration, or both while searching through wallet or purse • fumbles or drops documents • is unable to retrieve documents using fingertips |
| Possible evidence of impairment may be disclosed by the interrupting or distracting question. Be alert for the driver who: | • ignores the question and concentrates only on the license or registration search • stops searching to answer question, then forgets to resume the search after answering the question • supplies a grossly incorrect answer to the question |
| You may have already developed reasonable suspicion that the driver is impaired before instructing the driver to step from the vehicle. Even though that suspicion may be very strong, _______ ____________ is required to make a DUI arrest. | probable cause |
| The task in Phase Three is to administer the standardized and validated psychophysical tests—a term used to describe: | standardized field sobriety tests (SFSTs) |
| The three scientifically standardized and validated psychophysical (field) sobriety tests are: | Horizontal Gaze Nystagmus, the Walk-and-Turn, and the One-Leg Stand. |
| There are three general categories of nystagmus: | Vestibular nystagmus, Neurological nystagmus, Pathological nystagmus |
| _____________ is defined as an involuntary jerking of the eyes, which can be caused by the use of alcohol and certain other drugs | Nystagmus |
| _____ ____________ occurs as the eyes are focused on a stimulus and move from the center position. | Gaze nystagmus |
| ______________ ______________is an involuntary jerking of the eyes caused by a disruption of the central nervous system. | Neurological nystagmus |
| ______ _______ _________ occurs when a foreign fluid, such as alcohol, that alters the specific gravity of the blood is in unequal concentrations in the blood and the vestibular system. | Positional alcohol nystagmus (PAN) |
| ________ _________ is an involuntary jerking of the eyes caused by movement or action to the vestibular (inner ear) system. | Vestibular nystagmus |
| _________ ___________ occurs when the fluid motion in the canals of the vestibular system is stimulated by temperature, as by putting warm water in one ear and cold in the other. | Caloric nystagmus |
| ________ __________occurs when the eyes fixate on an object that suddenly moves out of sight, or when the eyes watch sharply contrasting moving images. | Optokinetic nystagmus |
| __________ nystagmus is a natural nystagmus that keeps the sensory cells of the eye from tiring. It is the most common type of nystagmus. | Physiological |
| ___________ nystagmus is an involuntary jerking of the eyes as they look straight ahead. Its presence usually indicates a pathological condition or high doses of a dissociative anesthetic drug, such as PCP. If detected, take precautions. | Resting |
| ____ ______ is an involuntary jerking of the eyes which can occur as a result of brain tumors, other brain damage, or some diseases of the inner ear. These pathological disorders occur in very few people and even in fewer drivers. | Pathological nystagmus |
| Tests that are difficult for a sober subject to perform have little or no ___________ value. | evidentiary |
| Two validated divided attention field sobriety tests, _____ and _________, have proven accurate and effective in DUI detection because they require the subject to concentrate and perform mental and physical tasks at the same time. | the Walk-and-Turn and the One-Leg Stand |
| Officers administering the Walk-and-Turn test observe the subject’s performance for eight clues: | • cannot keep balance while listening to instructions • starts too soon • stops while walking • does not touch heel-to-toe • steps off the line • uses arms to balance • improper turn • incorrect number of steps |
| The One-Leg Stand will be timed for 30 seconds. Research has shown that many impaired subjects are able to stand on one leg for up to __ seconds, but few can do so for 30 seconds. | 25 |
| The One-Leg Stand is also administered and interpreted in a standardized manner. Officers carefully observe the subject’s performance and look for four specific clues: | • sways while balancing • uses arms to balance • hopping • puts foot down |
| Your duty is to carry out whatever tasks are appropriate and to make sure that all ________ of DUI is brought to light. | evidence |
| Walk and turn: if a subject exhibits two or more of the clues or cannot complete the test, the subject’s alcohol concentration is likely to be above 0.08. This research has been shown to be accurate __ percent of the time. | 79 |
| One legged stand: Research shows that when the subject displays two or more clues or is unable to complete the test, the alcohol concentration is probably above 0.08. This criterion has been shown to be accurate __ percent of the time. | 83 |
| After an arrest decision has been made, the __________ stage begins with the arrest of the offender and ends when the offender is incarcerated or released to a responsible third party (depending on jurisdiction). | processing |
| the officer should follow agency policy during a post-arrest observation period that is __________minutes long. | twenty (20) |
| Consideration of any reduction of DUI to a lesser charge is the responsibility of the _______ ___________. | prosecuting attorney |
| Many DUI offenses are misdemeanor crimes but officers should be aware that there are circumstances where the offense is a felony. Examples include : | serious bodily injury, death or multiple convictions. |
| The number of _____ observed is important to the officer in the field because it helps determine whether there is probable cause to arrest. | clues |
| The roadside test to detect HGN includes three clues: | • Lack of smooth pursuit • Distinct and sustained nystagmus at maximum deviation • Onset of nystagmus prior to 45-degrees |
| "(HGN) The research shows that if ____ or more clues are evident, it is likely that the subject’s alcohol concentration is above 0.08. This research has been shown to be accurate 88 percent of the time. | Four |
| HGN TIMES: Smooth tracking __ seconds. maximum deviation hold minimum ___ seconds. onset of nystagmus prior to 45 degrees | 2, 4, 4 |
| A large disparity between the performance of the right and left eye may indicate a __________ __________. | medical condition |
| HGN: if an officer observes _____ or more clues it is likely that the subject’s alcohol concentration is above 0.08. Using this criterion, officers will be able to classify about 88% of subjects accurately. | four |
| Examples of conditions that may interfere with subject’s performance of the horizontal gaze nystagmus test include the following: | • wind, dust, etc. irritating subject’s eyes • visual or other distractions impeding the test |
| Examples of conditions that may interfere with subject’s performance of the Walk-and-Turn test: | • wind/weather conditions • subject’s age, weight • subject’s footwear |
| By combining four or more clues of HGN with two or more clues of the Walk-and-Turn or One-Leg Stand test, subjects can be correctly classified as above____ alcohol concentration __ percent of the time. | 0.10 /80 |
| chemical test result(s) and the evidence gathered during a drug evaluation, will be admissible only when | a proper arrest has been made. |
| Even when scientific evidence is available, ______________ will be required to permit introduction of that scientific evidence in court. | supportive testimonial evidence |
Created by:
sean1966