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If you’re pulled over for suspicion of DUI, you should understand your rights. In Florida, DUI is a criminal offense and a DUI conviction has long-lasting consequences. What a Florida law enforcement officer looks for In order to make a case for DUI, it has to be proven beyond a reasonable doubt: • That you had a blood alcohol level above the legal limit while driving (.08 percent or higher if you’re an adult;.02 percent or higher if you’re under 21)
• That your normal faculties were impaired while driving Some of the signs an officer may look for after pulling you over include: • Slurred speech
• Red eyes
• An odor of alcohol
• Poor coordination Field sobriety tests An officer may conduct a “field sobriety test” (FST) to determine if there’s probable cause to arrest you for driving while impaired. An FST is a physical agility exercise that requires you to do more than one thing at a time An officer may ask you to: • Stand on one leg
• Walk and turn
• Follow a penlight or finger moving left and right with your eyes, while you stare straight ahead You can challenge an FST • Your DUI case may be thrown out if an officer fails to follow proper procedures in administering an FST. • You also can challenge the interpretation of FST results. For example, you may have medical issues that affect your balance and this can affect the test’s reliability. You also can refuse to take an FST. Refusing to take an FST does not mean that you won’t be arrested for DUI. However, if you’re arrested, you have a right to an attorney and an officer should read you your Miranda rights. It’s important to contact an attorney who is experienced in drunk driving cases. Blood-alcohol concentration tests After you’re arrested and taken to jail or a DUI intake unit, a blood-alcohol concentration (BAC) tests is typically conducted using a breathalyzer. Breathalyzer devices are not infallible. An officer has to be certified to use the device and must administer the test following certain procedures. Breathalyzers also have to be maintained properly. A blood or urine test may be conducted if you pass a breathalyzer test and an officer suspects drug use. You should pay attention to the circumstances under which a BAC test is administered, since just as with an FST, you may be able to challenge the results. You also can refuse a BAC test; however, If you refuse: • Your refusal can be used as evidence in your DUI case
• Your driver’s license will be suspended for 1 year after your first refusal and for 18 months if you refuse again, even if you are not convicted of a DUI. An officer should read you an “Implied Consent Warning” that outlines the consequences of refusing a BAC test. An officer’s failure to read this warning can affect the length of time your license is suspended. Dealing with the aftermath of an arrest It’s important to get the advice of an experienced DUI attorney as soon as possible to understand your rights and to determine if the police followed proper procedures. If you have questions about a DUI offense in Jacksonville or elsewhere in Florida, please visit the website of Jacksonville criminal defense attorneys of Hardesty, Tyde, Green & Ashton, P.A.
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