After responding to the scene of a two car vehicle crash, the officer reported substantial damage to both vehicles. The officer interviewed both drivers, with one commenting on the erratic driving pattern of the other driver. When our client, the second driver was interviewed, it was noticed by the officer that she had difficulties maintaining her balance on the flat pavement, and that her speech was slurred. When questions were asked, her statements did not make sense to the officer. The officer then asked if our client would be willing to submit to field sobriety exercises to determine if he were under the influence of an alcoholic beverage or controlled substance. Our client agreed to the exercises, where he had performed poorly. A urine test for drugs had been refused.
Signs of Intoxication
There are various signs of intoxication that police may be looking for when they pull one over. These include:
- Slurred speech
- Individuals are rambling on, often times not making sense
- Bloodshot or watery eyes
- Unsteady on feet
- Confused easily
- Balance issues
- Maybe rude
- Could turn violent fast
- Loud when talking to someone
- Face could be flushed or red
- Droopy eyes
- Odor of alcohol or drugs
- May be sweating profusely
- Difficulty standing up
- Lack of eye contact or focus
- Disheveled clothing
Refusal of Urine Testing in Florida
The state of Florida has an implied consent law. This means when you obtain your driver’s license with the state, you agree that you will submit to a breath, urine, or blood test if you are pulled over and officers suspect a reason to give one.
You do have a right to refuse if you desire. This is a piece of evidence they are looking for in order to use it against you in court. However, if you refuse, you will lose your driver’s license on the spot for one full year. If it is your second offense, you will lose your license for 18 months.
You can apply for a 42 day permit after submitting a written request for a formal administrative hearing. Your written request will need to be submitted within 10 calendar days. If it is too late, you will not be eligible to fight your driver’s license suspension.
Musca Law Firm
If you are charged with DUI, you need a skilled criminal defense lawyer who can negotiate with the prosecution. All of our attorneys at Musca Law Firm have this qualification. We will develop a strong defense after gathering facts. Our attorneys are able to think quickly on their feet. We will do our best to find a favorable outcome for you. Please call us today for a free consultation.
RESULT: There was no mention of an odor of alcohol in the arrest report; the client refused a urine test for drugs; and the arresting officer who was not a DRE (Drug Recognition Expert) could not testify regarding his opinion that the client was under the influence of a controlled substance. After diligently confronting the ASA (Assistant State Attorney) with the facts, the DUI CHARGES WERE DROPPED!