Although driving under the influence is one of Florida’s most common offenses, most people do not know the intricacies of the laws until they face DUI charges. This causes many drivers to make mistakes that compromise their interests during traffic stops.
For example, some people are not aware that they can refuse to take field sobriety tests. Also, you do not have to answer any questions from law enforcement without an attorney present. Law enforcement will tell you that you are not entitled to an attorney during a DUI investigation and for the most part, they are not wrong. That does not mean you cannot advise that you are happy to cooperate but you are not doing or saying anything without first speaking to a lawyer. If that is how you feel and you may say or do things that you do not realize may prejudice your case and/or help the State prosecute you, you are well within your rights. Even if you are innocent of the allegation(s), do not be fooled into thinking you have nothing to worry about. Please note, it is a misdemeanor offense to refuse a blood, breath or urine test if the officer has the legal right to request it and you have previously refused one before that was not administratively invalidated so do not interpret this as blanket advise to always refuse all tests no matter what.
If Florida police have charged you with DUI, then one of your first calls should be to a Fort Lauderdale criminal attorney from Leader & Leader P.A. DO NOT DELAY! You only have ten days from your arrest to deal with the administrative suspension of your driving privilege if your refused a breath, blood or urine or had a blood or breath alcohol content over a .08. We have more than eight decades of combined legal experience, and we can prepare a comprehensive defense based on the unique facts of your case. To schedule a free consultation, call 954-523-2020.
- Can I Face DUI Charges If I Was Not Driving the Vehicle?
After having a few drinks, you may decide to sleep off the alcohol by sitting in your car – either pulled over at the side of the road or in a parking lot. Although the vehicle may not be running, it may still be possible for police to charge you with DUI.
The primary issue in these cases concerns “physical control” of the vehicle at the time you were allegedly intoxicated. Depending on specific details, such as whether or not the keys were in the ignition – even if the engine was not running –the State can still prosecute and convict you under the theory that you had actual physical control of the vehicle and are therefore guilty of DUI.
- What If My Blood Alcohol Content Is under 0.08?
According to the Florida Department of Highways Safety and Motor Vehicles, the legal threshold for being criminally intoxicated is a BAC of 0.08 percent, but that does not apply to every situation. If the driver was younger than 21, then the reaching or exceeding a BAC limit of 0.02 percent can have adverse consequences to your driving privilege. If operating a commercial vehicle and have a BAC that reaches or exceeds 0.04 percent you may face adverse consequences. In fact, if you have a BAC that reaches a 0.05 or higher you can still be criminally prosecuted even though it is under 0.08.
Also, the state does not need to show breathalyzer results or other scientific evidence to convict you as the officer’s testimony and other evidence can be used to demonstrate impairment at the time of driving or control of the vehicle.
- What If I Pass Roadside Sobriety Tests?
Roadside exercises are highly subjective. In most circumstances, they are not video recorded and the only interpretation of your performance a judge or jury will hear is the officers. Often, you will have no one to rebut their version but yourself. Your performance essentially comes down to the officer’s opinion. Many people, even if not impaired, may demonstrate difficulties due to many factors including medical and/or orthopedic issues, nervousness, poor gait or balance, poor coordination, being over-weight as well as many other factors. However, in some cases our clients were video recorded doing the roadsides and their performance on the roadside exercises coupled with no breath, blood or urine result (likely because they refused or we were successful in having it thrown out) help us win their case because no impairment was visible on the exercises. The bottom line is none of us have a crystal ball to see the future and unless you are confident that you have the skills and ability (physically) to perform well on physical tasks and are confident you are not impaired, doing the exercises could be more harmful than helpful.
Still, if you perform poorly on these tests, the officer will record that information in his or her report. This may work against you in court, which is why decline the roadside exercises may be a better option for some people in certain situations. You should politely refuse, telling the officer that you do not feel comfortable without an attorney present. Likewise, if you have physical, medical or any other issues that may impede your ability to do well, you can tell the officer those reasons. If you disagree that there is reason to detain you for a criminal investigation, you can advise them that you feel you are being falsely accused of a crime that you are not guilty of and based on what you have seen on the news and in the media, you are skeptical of police officers and their motives causing you to decide to decline to do anything without a lawyer present. Always stay calm, stay polite and do not argue or debate with them. They may true to scare you or play good cop with you to induce you to change your mind. Be polite, calm but firm in whatever decision you make!
If you were recently charged with a DUI and would like a free consultation with a Fort Lauderdale criminal lawyer, contact Leader & Leader P.A. today at 954-523-2020.
