An on-duty officer witnessed a black Hummer run two red lights. The officer initiated a traffic stop and noted that the driver appeared to be under the influence. The driver failed field sobriety testing and refused to submit to a breath test. Officers arrested the driver on charges of DUI.
Field Sobriety Testing
Law enforcement officers in Florida will typically have someone who has been suspected of driving under the influence (DUI) do a field sobriety test. This is a set of 3 exercises or more, depending on the officer.
The three main tests done in field sobriety testing include the following:
- Horizontal Gaze Nystagmus Test: In this exercise, the defendants will use their eyes to follow an item the law enforcement officer is waving around. Law enforcement officers look for signs of eye jerking
- The One Leg Stand” Test: After listening to instructions, the defendant must lift one leg about 6 inches off the ground. This foot will need to remain parallel to the floor. The defendant will then need to start counting until the police officer tells him to stop. The officer looks for swaying, lost balance, hopping around, or putting the raised foot down before time is up.
- The Walk and Turn: After instructions are provided, the defendant is expected to walk heel to toe with his hands by the side. Nine steps will be taken and then the defendant will need to turn around and walk back. They must walk in a straight line.
Refusal to Submit Breath Test
Florida has an implied consent law, which means that any person who has a Florida driver’s license consents to a breath test if they are requested by a law enforcement officer to do so. They must also do this for a urine or blood test.
If a refusal is given, a one-year driver’s license suspension will be given. If it is a second offense, an 18-month driver’s license suspension will be given.
In a criminal case, refusal to submit to a breath test could be used against the defendant in court. The prosecution could argue that the person refused as they were trying to hide the fact that they were impaired from driving.
Musca Law Firm
We know at Musca Law Firm how scary a DUI conviction can be. Because of this, we want to be there for you at your time of need. Our law firm has handled many DUI cases. Our team of highly-experienced attorneys are the best at what they do and can negotiate skillfully with the prosecution.
As our client, we will treat you like family with the utmost respect. In our eyes, the best outcome is one that you favor.
Please call us today at (888)484-5057to schedule a free case consultation with one of our experienced attorneys. We have an answering service that operates 24 hours a day. We are waiting to hear from you!
RESULT: The Musca Law Defense Attorney argued that the Client’s good driving history and lack of sufficient evidence without breathalyzer results. The Defense persuaded the State to reduce the charges resulting in NO DUI CONVICTION!