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What Am I Legally Required to Do if Pulled Over for a Possible DUI in Florida?
This is a complicated question because the driver has certain rights, but there may be significant consequences involved in exercising them. Florida law allows drivers to refuse to take a breathalyzer test. However, Florida law also recognizes a concept called implied consent. That means that anyone with a Florida driver’s license is considered to have given consent to any chemical tests if law enforcement has reason to suspect the driver is driving under the influence of drugs or alcohol (DUI). Suppose someone with a Florida driver’s license refuses to take a breathalyzer test. In that case, they will face having their license suspended for one year for a first offense and longer if there are previous offenses on their record. They’ll also likely be fined up to $500.
Other tests might be requested, such as field sobriety tests. These involve walking in a straight line and turning or standing on one leg. Drivers are legally allowed to refuse to consent to these without risking having their license suspended, but if the case goes to court, the refusal may be admitted as evidence of guilt.
One DUI test that may not be denied is the blood alcohol content (BAC) test. In cases where a traffic accident caused injuries, law enforcement has the right to force someone they suspect of DUI to give a blood sample.
What Are the Possible Consequences of a DUI Conviction in Florida?
Florida takes DUI convictions seriously. A first-time conviction can lead to fines of up to $1,000, jail time of up to one year, probation, community service, and a license suspension lasting up to one year. This is for the basic DUI conviction with no extenuating circumstances, meaning a BAC no higher than .08.
If there are extenuating circumstances, such as a higher BAC, or a minor was in the car, or the driver caused the injury or death of another person, the consequences can become even more dire, including higher fines, longer jail time, permanent loss of license, or the requirement of having an ignition interlock device installed in your car. This is a device that forces the driver to give a breath test before starting the vehicle. A BAC of 0.02% is enough to stop the vehicle from starting. It’s worth noting that while ignition interlock devices aren’t mandatory for first-time DUI convictions if the judge feels it’s warranted, they can order the driver to have one installed.
What Are Some Possible Defenses in a DUI Case in Florida?
There are several possible defenses in DUI cases, depending on the specifics of each case. Not all of these will apply to every case, nor are these the only defenses possible. It’s highly advisable to work with an experienced DUI defense attorney if you’ve been charged with a DUI to determine the best approach for your case.
- Inaccurate sobriety tests. Field sobriety tests are notoriously subjective. It may be enough to request this type of evidence be thrown out. There are also cases where the person arrested had a physical or neurological condition that could cause them to fail a field sobriety test when they’re sober.
- Inaccurate breathalyzer or blood tests. These tests rely on having equipment that’s properly calibrated and being administered by law officers who are fully trained and know how to handle them. If the equipment isn’t properly calibrated or is being used by someone who hasn’t been trained, or if the blood tests weren’t properly stored while being taken to a lab, they may be thrown out, making the case harder to convict.
- Lack of probable cause. An arresting officer must have reason to pull someone over. For DUI, that can include noticing signs of impairment from the driver (weaving on the road, going much slower than necessary) or violating a law (speeding, running a red light). If no such probable cause was presented, they didn’t have the right to pull someone over.
- Violation of constitutional rights. During an arrest, the officer must read you your Miranda rights, which include the right to remain silent. If they don’t follow this protocol, the arrest may have been illegal.
Is There Ever a Good Time to Refuse a Breathalyzer Test?
Given that the consequences of refusing a breathalyzer test can be severe, most of the time, it could be advisable to take the test. However, for people who either have medical issues that create breathing problems (including severe anxiety) that cause them difficulty in taking the test or for people for whom English isn’t the primary language and may not understand what the officer is asking, refusing the test may make sense until they can get an attorney involved to present the facts to the court.
What Should I Do if I Have Been Charged with a DUI?
Call DeMichael Law as soon as possible at 863-216-1831 to request a free case evaluation. DUI laws are complex and nuanced. I can examine the specifics of your case and help you determine the best approach for reducing charges or possibly having them dismissed. If you were coerced into taking a DUI test at the time of the arrest, I can help address that in court. I know how stressful this situation is for you, and I’m here to support you and work toward the best possible outcomes.
