FDLE Traffic Law Enforcement 2 — Questions and Answers
Question 1: What are the Walk-and-Turn (WAT) test clues indicating impairment, per NHTSA standards used in Florida DUI investigations?
- 2 clues maximum, each scored once
- 8 possible clues — including cannot balance during instructions, starts too soon, stops while walking, misses heel-to-toe, steps off line, uses arms for balance, improper turn, and wrong number of steps (Correct answer)
- 4 clues scored across both phases of the test
- The test has no specific clue-based scoring system
Correct answer: 8 possible clues — including cannot balance during instructions, starts too soon, stops while walking, misses heel-to-toe, steps off line, uses arms for balance, improper turn, and wrong number of steps
NHTSA's WAT test has 8 possible clues. Two or more clues indicate a 68% probability that the subject's BAC is 0.08 or higher.
The NHTSA Walk-and-Turn (WAT) test, a Standardized Field Sobriety Test, has two phases and 8 clues: (1) Cannot keep balance during instructions (heel-to-toe stance), (2) Starts before instructions are finished, (3) Stops while walking, (4) Does not touch heel-to-toe (gap greater than half inch), (5) Steps off the line, (6) Uses arms for balance (raises arms more than 6 inches from sides), (7) Improper turn (does not follow instructions for multi-step turn), (8) Incorrect number of steps. Two or more clues: 68% probability of BAC ≥ 0.08. Officers must be certified in SFST administration and must administer each test per NHTSA protocol for results to be admissible in Florida courts.
Question 2: When may a Florida officer conduct a sobriety checkpoint (DUI roadblock)?
- At any time and location based solely on officer discretion
- Only when conducted under a written plan established by supervisory personnel, with neutral stop criteria and advance public notice (Correct answer)
- Sobriety checkpoints are unconstitutional in Florida and are not permitted
- Only during major holidays with specific legislative approval each year
Correct answer: Only when conducted under a written plan established by supervisory personnel, with neutral stop criteria and advance public notice
Florida courts have upheld DUI checkpoints when conducted under supervisory-established written plans with neutral (non-discretionary) stop procedures and reasonable advance public notice.
In Michigan Dept. of State Police v. Sitz (1990), the Supreme Court upheld sobriety checkpoints as constitutional. Florida courts also uphold them when: (1) the checkpoint is authorized and planned by supervisory personnel (not individual officer discretion), (2) a written plan exists with neutral criteria for stopping vehicles (every car, every 3rd car, etc. — not based on driver appearance), (3) there is advance public notice (publication of general time/location), (4) the checkpoint is conducted safely with adequate warnings and lighting, (5) the delay to each motorist is minimized. Individual officer discretion to stop specific vehicles is prohibited. Florida agencies conduct checkpoints to deter and detect impaired driving.
Question 3: Under Florida Statute §322.34, what are the penalties for driving with a suspended license?
- Only a civil fine with no criminal penalties
- Driving while license is suspended (DWLS) is a criminal offense — misdemeanor for first and second offense, third-degree felony for habitual offenders (Correct answer)
- An automatic 1-year additional suspension with no criminal charge
- License suspension is only a civil matter handled through the DMV, never criminal
Correct answer: Driving while license is suspended (DWLS) is a criminal offense — misdemeanor for first and second offense, third-degree felony for habitual offenders
DWLS in Florida is a criminal offense: first and second convictions are second-degree misdemeanors; habitual traffic offender status (3+ convictions within 5 years) escalates to a third-degree felony.
Florida Statute §322.34 establishes criminal penalties for DWLS: (1) First conviction — second-degree misdemeanor (up to 60 days jail, $500 fine), (2) Second conviction — second-degree misdemeanor, (3) Third or subsequent conviction within 5 years (habitual traffic offender) — third-degree felony (up to 5 years prison, $5,000 fine). If the DWLS involves a suspended license due to DUI conviction, or causes death or serious bodily injury, enhanced penalties apply. Officers must verify whether a suspended license driver has knowledge of the suspension to pursue criminal charges — many DWLS charges require the state to prove the driver had knowledge of the suspension.
Question 4: What are the legal requirements for a Florida officer to arrest a driver for reckless driving under F.S. §316.192?
- The officer must witness the driver traveling at least 20 mph over the speed limit
- The officer must have probable cause that the driver operated a vehicle with willful or wanton disregard for the safety of persons or property (Correct answer)
- Reckless driving requires a crash or near-crash before an arrest can be made
- The officer needs a blood alcohol test confirming impairment before charging reckless driving
Correct answer: The officer must have probable cause that the driver operated a vehicle with willful or wanton disregard for the safety of persons or property
Reckless driving requires probable cause that the driver operated a vehicle with willful or wanton disregard for safety — speed alone is not required, though it can contribute to the totality of circumstances.
Florida Statute §316.192 defines reckless driving as driving any vehicle in willful or wanton disregard for the safety of persons or property. 'Willful or wanton' means the driver knew or should have known their actions created an unreasonable risk of harm and consciously chose to ignore that risk. Factors that may support a reckless driving charge: extreme speeding, weaving through traffic, running multiple red lights, street racing, aggressive driving, eluding police. Speed alone may not be sufficient — the totality must show willful disregard. Reckless driving is a misdemeanor; causing serious bodily injury or death elevates the charge. It does not require alcohol involvement.
Question 5: Under Florida law, what is the proper procedure when an officer stops a vehicle and the driver is found to have an outstanding warrant?
- The officer must release the driver and notify the issuing jurisdiction by phone
- The officer should verify the warrant through dispatch, arrest the subject if the warrant is confirmed active, and follow procedures for the warrant's jurisdiction (Correct answer)
- The officer can only execute warrants from their own jurisdiction, not from other counties or states
- The officer must release the driver until they can personally view a certified copy of the warrant
Correct answer: The officer should verify the warrant through dispatch, arrest the subject if the warrant is confirmed active, and follow procedures for the warrant's jurisdiction
When a warrant is discovered during a traffic stop, the officer verifies it through dispatch and, if confirmed active, arrests the subject regardless of the issuing jurisdiction, then follows proper transfer procedures.
When an officer discovers an outstanding warrant during a traffic stop: (1) Run the subject through NCIC/FCIC via dispatch to confirm the warrant, (2) If confirmed active and for the subject, arrest the person (the stop provides lawful presence to make the arrest), (3) For in-state warrants: coordinate with the issuing jurisdiction for extradition or transfer, (4) For out-of-state warrants: Florida law requires a fugitive warrant and extradition process for felonies; misdemeanor out-of-state warrants may not require extradition, (5) The arrest is lawful even if the warrant is from another jurisdiction — officers have authority to arrest on confirmed Florida warrants and may hold subjects for other jurisdictions. The vehicle may need to be towed or released to another driver.
Question 6: What does Florida's 'basic speed law' (F.S. §316.183) require of drivers beyond just following posted speed limits?
- Drivers must maintain a minimum speed of 40 mph on all state roads
- Drivers must operate at a speed that is reasonable and prudent under the existing conditions, even if below the posted limit (Correct answer)
- The posted speed limit is the minimum required speed on all Florida roads
- Florida roads have no maximum speed limit on rural highways with no posted signs
Correct answer: Drivers must operate at a speed that is reasonable and prudent under the existing conditions, even if below the posted limit
Florida's basic speed law requires drivers to travel at a speed that is reasonable and prudent considering existing road, weather, and traffic conditions — a driver can be cited for unsafe speed even below the posted limit.
Florida Statute §316.183 establishes the basic speed law: 'No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.' This means: (1) A driver traveling at the posted speed limit in fog, rain, heavy traffic, or other hazardous conditions may still be cited if their speed was unreasonable for those conditions, (2) Conversely, posted limits are maximum speeds under ideal conditions, (3) Officers can cite for speed violations even below the posted limit if conditions make that speed unsafe, (4) The basic speed law underpins charges of reckless driving and forms the basis for Florida's broader speed regulatory framework.
FDLE Traffic Law Enforcement 2
What are the Walk-and-Turn (WAT) test clues indicating impairment, per NHTSA standards used in Florida DUI investigations?