Driving Under the Influence Enforcement

Injuries and deaths resulting from people operating vehicles under the influence of alcohol or drugs are one of the most preventable tragedies in our society today. In Florida alone, 1,169 people were killed in 2008 due to alcohol-related traffic crashes, which was 42 percent of all accidents.  Nationwide, more than 11,773 people were killed in alcohol-related traffic crashes in 2008, 31 percent of the total traffic fatalities for the year.

This is unacceptable. Although drinking and driving is a societal problem, law enforcement agencies are often the last line of defense when it comes to preventing the worst from happening. We, however, cannot do it alone. It is not possible to catch every driver under the influence who may be on the road at any given moment. The Florida Legislature has toughened DUI laws over the years, which has helped to reduce the number of first-time and repeat offenders. Cultural awareness of the problem has also helped. Organizations such as Mothers Against Drunk Driving have helped to spread the word about lives ended too soon due to someone’s decision to get behind the wheel after drinking alcohol. The Pasco Sheriff’s Office works with students in schools to understand the consequences of making bad decisions, including drinking and driving.

The enforcement of DUI laws is, of course, imperative and it is a responsibility that our agency takes very seriously. The deputies in the Selective Traffic Enforcement Patrol, or STEP, are dedicated solely to the enforcement of these laws, and unfortunately, they stay very busy. In 2009, we arrested 912 people for driving under the influence in Pasco County.

I seriously doubt that most adults can claim ignorance about the dangers of drinking and driving. Don’t find out the hard way. At the least, an arrest can cost you up to $8,000 in fines, lawyer fees, towing fees, and the costs associated from lost work hours. At the most, it can cause serious injury or loss of life to you or your loved ones. If you are going to be drinking, DON’T DRIVE. If you might have to drive, DON’T DRINK. If you will be visiting a bar or having some drinks at a restaurant, call a taxi or choose a designated driver who will not drink and will be able to drive everyone home. There is no excuse for driving under the influence. It is our duty to protect everyone on the road. We will be watching.

The Selective Traffic Enforcement Patrol Unit (STEP) uses six deputies supervised by a sergeant to actively enforce traffic laws in Pasco County.  STEP focuses efforts on DUI and aggressive driving along with traffic violations that have been shown to be the leading causation of traffic crashes.  The STEP Unit also provides additional support to other Operations Command Division units during major events and calls for service. 

In 2006, with the addition of a Traffic Statistician,  STEP along with the Motor Unit and Patrol Operations increased the use of Strategic Traffic Accident Reduction Tactics (START) which concentrates additional enforcement efforts at or near high crash intersections.  

In addition to their focus on traffic and DUI enforcement, STEP is also involved with several national and state traffic safety programs such as "Drunk Driving, Over the Limit, Under Arrest ;" "Click It Or Ticket;" and "Stop Light Red Running."   Members of the STEP Unit also attend and participate in the Pasco County Community Traffic Safety Team.  

Enhanced Enforcement Location Calendar
February / March 2013

MOC = DUI Mobile Operations Center

Saturation Patrols/Wolf Packs
A specific area that is frequently traveled by impaired drivers is selected for the Wolf Pack operation. The STEP Units aggressively patrol the area and locate impaired drivers. Wolf Pack operations can be conducted at any time or place with or without prior warning.

Sobriety Checkpoints
Sobriety checkpoints are an effective law enforcement tool involving the stopping of vehicles or a specific sequence of vehicles, at a predetermined fixed location to detect drivers impaired by alcohol and/or other drugs. These operations not only serve as a specific deterrent by arresting impaired drivers who pass through the checkpoints, but more importantly, as a general deterrent to persons who have knowledge of the operation.  Local law enforcement agencies and the Florida Highway Patrol participate in regular DUI Checkpoints 

** Note: DUI crash statistics in the above 2 tables are provided by Florida DOT & may be different from those provided by DHSMV. Crashes identified as 'Had Been Drinking' or 'Pending Refults' may not necessarily have been flagged 'DUI'.

Pay Traffic Citations Online
http://www.myfloridacounty.com/services/pay_traffic_citation_intro.shtml  

Florida DUI Information  

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances) is one offense, proved by impairment of normal faculties OR unlawful blood alcohol OR breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

DUI - DRIVING UNDER THE INFLUENCE PENALTIES

Amounts listed do not include attorney fees.

OTHER PENALTIES

Pleas: 316.656 (effective 10/1/08), Florida Statutes is amended to read:
316.656 Mandatory adjudication; prohibition against accepting plea to lesser included offense.--
(2)(a) No trial judge may accept a plea of guilty to a lesser offense from a person charged under the provisions of this act who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood or breath alcohol content by weight of 0.15 percent or more.

Probation: All offenders MUST be placed on reporting probation for at least 6 months. However, you may give up to 12 months. 316.193(5) and 316.193(6)(a)

DUI School: All offenders MUST be ordered to complete a substance abuse course conducted by a DUI program licensed by the department which shall include a psychosocial evaluation of the offender. Any recommended counseling must be completed at the defendants expense. Level I shall be imposed for all first offenders only and Level II for all repeat offenders. 316.193(5)

Community Service: First time offenders MUST be ordered to complete a minimum of 50 hours of community service. The hours may be bought out at a rate of $10 per hour, however you should consider limiting the buyout to no more than half of the hours. 316.193(6)(a)

Court Costs: All offenders MUST pay court costs.

Victim Awareness Program: Although not statutorily required, all offenders SHOULD be ordered to complete the program.

Costs of Investigation: Although not statutorily required, all offenders SHOULD be ordered to pay costs of investigation.

Costs of Prosecution: $50 for MM, $100 for felonies.

No Alcohol: Although not statutorily required, all offenders MAY be ordered to refrain from possessing or consuming alcohol during the period of their probation.

Random Testing at Defendant's Expense: Although not statutorily required, all offenders MAY be ordered to undergo random drug and alcohol testing at the defendant's expense.

FELONY DUI - the following DUIs quality for felony upgrade

• 3rd offense with at least one prior conviction WITHIN 10 years of the current offense date. 316.193(2)(b)1. Drigotas v.State, 531 So.2d 421 (4th DCA 1998)
• 4th offense, regardless of dates of prior convictions. 316.193(2)(b)3
• A certified driving record is self authenticating and admissible to establish a prior conviction per F.S. 322.201 and F.S. 316.193(12). Fender v. State, 980 So.2d 516 (4th DCA 2007)
• Any DUI where defendant's driving causes or contributes to causing a crash which results in death or serious bodily injury to the defendant of any other person involved in the crash. 316.193(3)
• F.S.316.193(3)(1) defines serious bodily injury as an injury which creates a substantial risk of death, serious personal disfigurement, or protracted loss of impairment of the function of any bodily member or organ.