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Chapter 11C-4.009 Mandated DUI Arrest Forms
11C-4.009 Uniform Arrest Affidavits and Reports

Pursuant to section 943.05(2)(d), F.S., the Florida Department of Law Enforcement has promulgated rule 11C-4.009, F.A.C., which provides for a uniform probable cause affidavit and a uniform alcohol influence report to be used when making DUI arrests under section 316.193, F.S.

Please note that you may continue to use other affidavits and reports and to include supplemental documentation. Although the statute mandates use of these forms, failure to use the uniform probable cause affidavit or the uniform alcohol influence report does not prohibit prosecution for a violation of section 316.193, F.S.

If you have any questions concerning the above rules or forms, you may contact the FDLE Alcohol Testing Program at (850) 617-1290.

11C-4.009 Uniform Arrest Affidavits and Reports

  1. A Uniform Probable Cause Affidavit, FDLE Form PCA 1 - March 2004, is hereby incorporated by reference and adopted for use by all law enforcement agencies in the State of Florida when making DUI arrests pursuant to Section 316.193, F.S.
  2. A Uniform Alcohol Influence Report, FDLE Form AIR 1 - March 2004, is hereby incorporated by reference and adopted for use by all law enforcement agencies in the State of Florida when making DUI arrests pursuant to Section 316.193, F.S.
  3. This rule shall not preclude the use of other probable cause affidavits or alcohol influence reports, and law enforcement agencies are authorized to supplement the Uniform Probably Cause Affidavit or the Uniform Alcohol Influence Report with additional affidavits and reports.
  4. Failure to use the Uniform Probable Cause Affidavit or the Uniform Alcohol Influence Report shall not prohibit prosecution of a person arrested for a violation of Section 316.193, F.S., and shall have no effect on the legality or validity of such arrest.
  5. The above referenced forms may be obtained by contacting the Florida Department of Law Enforcement, Alcohol Testing Program, P.O. Box 1489, Tallahassee, Florida 32302.

Specific Authority 943.05(2)(d) FS. Law Implemented 316.193, 943.05(2) FS. History- New 7-27-04.

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