Every driver in the state of Florida is probably aware that driving under the influence of alcohol (DUI) is a crime, but people are not perfect. As imperfect people, we sometimes make poor choices against our better judgment. As such, it is important that you understand what your rights and obligations are under Florida law if you are suspected of or arrested for DUI.
1. Pull Over in a Safe Place
It is important to keep in mind that DUI offenses are enhanced if damage to property or another person occurs. Therefore, regardless of how intoxicated an individual might be, safely pulling over will minimize the legal consequences you may face. Moreover, running away from the police is never advisable, because this will result in additional charges in most instances.
2. Do Not Incriminate Yourself
When you get pulled over, it is important that you only answer questions that you are required to answer, while maintaining a polite demeanor. You are under no obligation to inform the officer if you have been drinking, where you are going, or where you have been that day. Often, the more information you reveal about your day or night, the more evidence that police officer and the state prosecutor has against you in a court of law. Additionally, do not become abrasive or combatant with the police officer, because this can result in additional charges.
3. Do Not Submit to a Field Sobriety Test
Florida Law does not require a driver to submit to a field sobriety test. Moreover, field sobriety tests are usually recorded on video and used as evidence of the offender’s level of intoxication and impairment. Whether you submit to a field sobriety test or not, most of the time police officers will still ask you to take a breathalyzer test. So it is advisable for you to refuse the field sobriety test in order to minimize the amount of evidence the officer actually has that you are intoxicated.
4. Taking a Breathalyzer Test is Your Choice
Determining whether or not you should take or refuse to take a breathalyzer test depends on a number of factors. According to Florida Statute 316.1932(1)(a), by accepting the privilege to drive in the state of Florida, you are giving your implied consent to submit to a an approved chemical or physical test to determine if you are impaired.
Refusing to take a breathalyzer test will result in the revocation of an offender’s driver’s license for one year for the first offense and eighteen months for the second refusal. Your refusal to take the breathalyzer test can also be used against you at trial for a charge of DUI.
If you choose to take a breathalyzer test and fail, it does not necessarily mean you will be convicted of DUI. The accuracy of breathalyzer tests is not a new issue in the United States, and multiple defenses can be raised as to the test’s accuracy.
5. Consult with an Attorney
DUI is a serious offense under Florida law that can carry serious sentences such as fines, imprisonment, and the installation of an ignition interlock device. You should always consult with an experienced criminal defense attorney in Winterpark, FL if you are arrested. DUI lawyers are adept at reviewing prosecutorial evidence and developing effective defense strategies that can help mitigate your charges.