Student Fails Field Sobriety Test, Refuses Breathalyzer

No DUI Conviction!

The Charges

The client was arrested for driving under the influence (DUI) after allegedly driving down the wrong side of the street, driving over a median, and running a stop sign. FSU police alleged that our client had an overwhelming odor of an alcoholic beverage coming from the facial area. It was also alleged that he had bloodshot eyes and swayed when standing. After being asked if he had consumed any alcohol, our client admitted, “Ya, like two beers.” He was then asked if he would consent to a series of voluntary field sobriety exercises, where our client responded, “No. No way!” Immediately after, he was read implied consent and requested to submit to a lawful test of his breath, this request was also denied. Based on the personal observations made by the officer, our client was placed under arrest for DUI.

DUI Arrest in Florida

Florida law has some of the strictest penalties when it comes to getting a DUI. A first-time offense for DUI will result in fines between $500 to $1,000 depending on your blood alcohol level. If you had a minor in the car with you at the time of the arrest, fines go up to between $1,000 to $2,000.

You will also face imprisonment for your DUI. If you have a blood alcohol level of .08%, you will receive between 8 hours to 6 months of jail time. If you had a minor in the car with you or your blood alcohol level was .15% or greater, you will receive up to 9 months of jail time. 

There are also other penalties that are will need to be fulfilled with a DUI arrest. Community service is required for a first time DUI charge. These 50 mandatory hours must be completed, although some judges do allow individuals to pay them off at a rate of $10+ per hour. The vehicle the offender was driving will also be impounded for 10 days, and the driver will face probation for up to one year. The driver’s license will also be revoked for 6 months to one year. 

Other Consequences of a DUI

There are many other consequences of a DUI that one may not even think about. Many employers require their employees to have a valid driver’s license, such as if you are a construction worker or delivery driver. If you do not have this, you could be fired from your job or be unable to obtain employment. Some companies will not even allow you to work for them if you have a DUI. 

And then there is insurance, which will more than likely increase following a DUI. Some insurance companies may even decide to drop you as a client. 

Obtaining Legal Services

If you have been arrested for a DUI, please call Musca Law Firm today. We can put together a strong defense to help advocate for your charges to be lowered or even completely dropped. Don’t hesitate to call us today for a free, no-obligation case consultation with one of our experienced attorneys. 

RESULT: The attorney argued that with the absence of field sobriety exercises and the refusal to take the breathalyzer, observations made were that of the officer's personal opinion. Due to this finding, our client avoided multiple criminal convictions, including no conviction of DUI!