The Memorial Day weekend is approaching and with it many people make plans to go away for the weekend or have barbecues and/or other Memorial Day celebrations.
Florida law enforcement is very aware of this, and will be stepping up DUI enforcement to catch any party goers who get behind the wheel after having too much to drink. There will be DUI checkpoints and law enforcement patrols will be specifically looking for signs of intoxication whenever they pull anyone over.
This type of aggressive enforcement is intended to keep the roads free of drunk drivers, but it can also lead to false arrests. Police officers may be so focused on catching drunk drivers that they see impairment when none exists or make mistakes in arrest procedure. In either case, a driver may face unjust DUI charges, which can lead to driver's license suspension as well as criminal consequences. If you are planning on taking part in a celebration or other event during this Memorial Day weekend, the best way to avoid being accused of DUI is to not drive if you plan to drink. If you do end up being pulled over by a police officer who suspects that you are intoxicated, keep the following things in mind:
- If you refuse to submit to a blood, breath, or urine test, your driver's license will be automatically suspended for one year and the refusal may be used as evidence in criminal proceedings.
- Do NOT take the field sobriety tests. Your passing or failing of the tests are determined by the officer. Such a subjective decision is not reliable evidence. Though a police officer may say your refusal can be used against you in court, your defense attorney can make sure the officer admits that the tests are not only not required but also questionable in their reliability.
- If a police officer pulls you over (outside of a DUI checkpoint situation) to determine whether you are driving while intoxicated without probable cause for that traffic stop (such as a traffic violation), it is a violation of your rights.
A DUI conviction in Florida can carry serious penalties. The first step after you have been accused of DUI is to hire an aggressive defense attorney who can effectively defend your rights against unjust administrative and criminal action. To speak to one of the experienced DUI defense attorneys in Florida at Musca Law, call us today at (888) 484-5057.