During the holiday times, people drink more than they normally would. In fact, the odds of drunk driving on New Year’s day is 117% higher than any other day, and cops are on the lookout for drunk drivers like hawks this time of year. According to Florida Highway Safety and Motor Vehicles (FLHSM), law enforcement wrote 44,001 DUI citations last year.
A friendly reminder to drink responsibly and do not drive if you have been drinking.
Should you find yourself being pulled over for suspicion of drunk driving, it’s critical you know your rights and what to do. Here is what will happen if you’re pulled over for suspicion of DUI and what you should do to minimize repercussions.
- When you see their lights flashing in the rearview, as soon as it’s safe, pull over and out of the way of traffic.
- As the officer approaches your car, it’s a good idea to keep both hands on the steering wheel and in plain sight, and if it’s nighttime or dark out, turn on the center dome light in the front seat. This will reduce any risk of threat the officer may perceive.
- Try to keep calm and avoid movement, remaining in your car. The officer will be looking for any signs of intoxication in your behavior or in the vehicle, such as slurred speech, uncoordinated motions, or bottles of alcohol.
- The officer may ask you questions in regard to what you’ve been up to that day. Be aware that you are not obligated to answer any questions; it is in your rights not to submit to questioning. Be polite yet firm when declining to answer and readily provide your license, registration, and proof of insurance.
- If the officer asks you to step out of your car, follow their instruction. Any refusal to obey can be taken as a threat of danger or an attempt to evade arrest, so do not argue with them.
- You may be submitted to field sobriety tests, a series of trials used by police to help determine if you are impaired. This can include being asked to follow with your eyes a pen or other object’s movement, Walk-and-Turn, and One-Leg stand. In addition, you may be requested to take a breathalyzer to test your blood alcohol content.
Unfortunately, these tests can produce inaccurate results. Your physical condition, nerves, or even the type of shoes you’re wearing can have an effect on sobriety tests, and it’s possible for police to incorrectly calibrate the breathalyzer or improperly administered the test, inaccurately skewing the results.
Should I take the field sobriety tests and breathalyzer then?
Though you are allowed to refuse the field sobriety tests, be aware that refusal may be used as evidence of your guilt in court.
For the breathalyzer, you should know that when you get your driver’s license, under Florida law per Statutes 316.1932(2)(c), you automatically consent to breath or blood testing for the purpose of determining the presence of chemical or controlled substances in a suspected DUI. Now, although it is implied, you do not have to take the breathalyzer.
BUT be warned: There are penalties for refusal. First refusal revokes your license for 1 year and for any subsequent refusals, you will lose your license for 18 months and you will be charged with a misdemeanor offense for “refusal to submit to testing.”
The decision to submit to or refuse tests should not be taken lightly. It’s important to remember your rights but know the consequences of your choices.
What are the penalties of a DUI in Florida?
Penalties for a DUI in Florida are no joke, ranging from a fine between $500 and $1,000 with up to six months jailtime for first-time offenders and your license suspended anywhere from 180 days to a year.
If it’s not your first offense or you’re convicted of an aggravated DUI, the penalties are much more severe.
A DUI conviction will go on your permanent record. From limiting your ability to get to work or get a job to hurting relationships and the way you are viewed; a DUI has serious impacts on your professional and personal life. It is a situation to be handled with weightiness and expert legal counsel.
If you are arrested for a DUI, contact Hardball Law today! You will need an experienced attorney that will fight for you and your best interests.
