Defendant’s vehicle was followed by Police traveling 55mph in a posted 35mph zone. Police stopped the Defendant and upon contact noticed a strong odor of alcohol, slurred speech, and watery eyes. Defendant refused sobriety testing and was arrested for DUI (Driving Under the Influence). Defendant refused to submit to a Breath Test and his license was suspended.
Refusing Sobriety Testing in Florida
In the state of Florida, there is not a law stating that one needs to perform a field sobriety test when pulled over for suspected DUI. Many times a field sobriety test can be used against you in court. This is because these tests were designed to make one fail to perform successfully. These tests are difficult for sober individuals to perform, and many times law enforcement officers will not give complete instructions or they will rattle off a long list of instructions, and then expect you to follow them perfectly. You can lose your driver’s license if you refuse to take the field sobriety testing, but you must first be arrested. And you will also need to be read the implied consent notice by the law enforcement officer.
Refusal of submitting to a breath test can result in a year suspension of your driver’s license. If the DUI is a second or third offense, the suspension is increased to 18 months. There could also be additional penalties for the second or third offense with a refusal to blow, including a possibility of jail time.
Many individuals refuse to take a breath test for different reasons. Sometimes the law enforcement officer has not been properly trained in using the breathalyzer. Or the breathalyzer may not have been properly calibrated. And if the machine has not been properly warmed up, it will not always give an accurate reading. Many times the machines that are used in Florida are older models that do not give as accurate of a reading as newer ones do. They also may not have undergone proper maintenance over the years.
Individuals that smoke also often have a higher BAC (blood alcohol content) level than those that do not smoke. If the individual has a fever, heartburn, diabetes, or has experienced trauma, the testing may not be accurate. Other things that affect a breath test could be the consumption of mouthwash, lip ointments, and/or breath sprays.
Obtaining Legal Services
DUI charges can cause havoc in your life. Because of this, it is in your best interest to hire a lawyer to help you fight such charges. Musca Law Firm has successfully argued with the prosecution to help many who have been charged with DUIs receive reduced or even dismissed charges. Our firm has over 150-years of combined experience, which instills them with the experience to build strong and effective defenses for our clients. We have offices throughout the state of Florida, and offer a free, no-obligation case consultation to new clients. Don’t hesitate to call us today at (888) 484-5057 to see how our legal services may best support you and your needs.
RESULT: The DMV Hearing Officer agreed with the Musca Law Defense Attorney’s argument that found insufficient evidence to support the suspension of our Client’s license, thereby restoring his driving privilege. Pursuant to a plea, the State REDUCED the DUI charge to a lesser charge!