If you've been arrested for a DUI in Daytona Beach and your case hasn't got a video then the officer violated the policies and techniques. This is a superb oppertunity to cross inspect the officer and could also result in a dismisal of the case if the court rules that dismissing the policies and procedures is bad intentions.

DRIVING UNDER THE INFLUENCE ARRESTS All arrests for the offense of Driving under the Effects of Alcohol or Drugs shall be processed as per pertinent Florida State Ordinances and Office Directives. The captive shall be taken to the key station for processing. While on the way to the primary station the officer shall counsel the communications center and his / her supervisor that a breath test operator will be necessary to administer the breath test. If a breath test operator is not available the officer shall contact his / her supervisor to make arrangements for testing by an authorized operator of another law enforcement agency. If the arresting officer is an authorized Breath Test Operator then he / she may conduct their own test. Field sobriety exercises shall be administered on scene. When possible those exercises will be videotaped ( if an in-car camera or other video recorder is available ).

The topic shall be carried to the station DUI room for further processing where the officer shall place the arrestee in clear view of the DUI room camera / recording clobber to record any successive actions by the arrestee, which refer to the charge, for example: barfing, pissing, sleeping, spontaneous statements, and any other actions which will help the charge. NOTE: The video recording gear is on 24 hours per day 7 days each week. A mail shall be dispatched to Officer Nick Fiore asking for the tape of the situation be kept as proof. The topic shall either submit to the breath test or a refusal shall be started. If the topic will not submit to the breath test then, the topic shall be read the Florida Implied Consent Law. Should the subject requests the chance to talk to a lawyer ( by asking particularly to gain access to a telephone to consult a lawyer ) a telephone shall be made open to him / her for only thirty mins. If the captive requests the telephone consultation with a solicitor then, the arresting officer shall record the time the telephone request was made and when the thirty minute period of time expires at once on the charging affidavit.

The telephone call will happen after the captive has either submitted to or declined to submit to a breath test. Case law recommends that telephone call requests, even for a solicitor, should be given after the breath test or refusal thereof. If the captive requests an independent blood test then, he / she ought to be given the chance to look through the yellow pages to call somebody to administer the test. If the captive finds somebody to perform the test then, the blood will be withdrawn at the key station. Once the blood is drawn the officer shall make a request for a sample of the blood being drawn. The officer shall supply the blood kit and tag the kit as proof.

The Daytona Beach Police Dept won't provide a person to draw the blood, supply a blood kit for the captive, or transport the captive to a facility to have the blood drawn. It's the sole responsibility of the captive to find somebody to reply to the key station in a hurry to draw the blood. An efficient fashion would be inside 1 hour from the time the call is placed. If the captive submits to a breath test and the result's below.08, and there's reasonable belief the individual is under the influence of a chemical substance then, a Drug Recognition Expert shall be alerted.

If a DRE isn't on duty the shift supervisor shall be alerted. It's going to be the responsibility of the supervisor to figure out whether to call out a DRE or not. The captive shall be evaluated by a DRE if available and called out to figure out if a pee sample should be asked for or not. If the DRE decides a pee sample should be demanded then, the captive shall submit to the piss sample or if he / she refuses a refusal shall be entered.

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