Florida Highway Patrol stopped a driver after witnessing him weave in and out of traffic in an unsafe matter. The officer noted the driver smelled of alcohol and exhibited signs of intoxication. The driver refused sobriety testing and subsequently arrested for DUI. The driver then became aggressive with officers, screaming racial and derogatory names. The driver now faces charges of driving under the influence.
Driving Under the Influence in Florida
Under Florida law, one can receive a DUI (driving under the influence) charge if they were driving or were in physical control of a vehicle, no matter if their driving ability was impaired or not. In order for a police officer to prove that you are over the legal limit of blood alcohol content (BAC), a .08% level or higher will need to be shown.
Refusing Sobriety Testing
In Florida, there is an implied consent law that states that all drivers who drive on public highways implicitly agree to take a DUI test if a police officer asks them to do so. However, this implied consent law does not give a police officer the right to force someone to take the test if they are not comfortable with it.
The DUI chemical testing typically uses breath and blood testing, although urine testing could be done as well. The police officer is usually the one that will pick which test is done, however, a handful of states do let the offender choose the one they are most comfortable with.
If you refuse to take a DUI chemical test, you will typically face losing your driver’s license. This suspension period will be longer than if the offender had failed the BAC test.
Besides the DUI chemical test, officers can use a series of exercises that officers include in the field sobriety testing. These include standing on one leg without swaying or falling over, following an object with the eyes horizontally, and walking in a straight line without stumbling. Some officers may also opt to have the offender sing the alphabet backward.
Consulting With an Attorney
If you have been charged with a DUI, you will need legal assistance to help resolve the matter. A DUI charge can wreak havoc on your life, so it is imperative that you contact an attorney as soon as possible. At Musca Law, we have a staff of attorneys that will take the time to listen and develop a case that will defend you. We have many different defense tactics that can be used, and will aggressively negotiate with the prosecution to have your charges reduced or dropped. Contact us today for a free consultation.
RESULT: The defense convinced the State the case lacked evidence to secure a conviction based on the varying degrees of the client’s behavior at the time of the arrest. The defense argued the client had one bad night and is not a repeated lawbreaker. The State reduced the charges resulting in NO DUI CONVICTION!