What should drivers do in the driving under the influence (DUI) arrest? Do you have to take breathalyzer or other sobriety tests? Who should you hire for Florida DUI defense?
Drinking and driving is punished across all 50 states. It’s a problem. Recent studies have pointed out that nationwide drinking and driving is a leading killer. Because of that, DUI penalties are very severe. You typically get your license suspended, pay fines, and face a jail sentence. If you get multiple charges for drinking and driving, whether you think you’re innocent or not you will face severe penalties.
So what happens if you do get pulled over? It would be incorrect to say both you can drink some and drive or you’ll always be over the limit when drinking and driving. The state blood alcoholic content (BAC) level for Florida is .08%, the same as all 50 states. Just because you drink does not mean you are over the limit. But as there is no safe way to know, it’s very wise never to mix alcohol and driving.
Now let’s go over some tips on how to handle the defense if you do get pulled over.
The Breathalyzer Test
Florida law allows you to refuse the breathalyzer test given to check BAC, but if you do refuse it you face very stiff penalties, sometimes worse than the DUI charge itself. In other words, you can refuse, but you will still be prosecuted. There are some things you don’t have to do, but most experienced Florida DUI lawyers will tell you to take the breath test.
Some start explaining how the day went bad, some freely admit to the number of drinks they had, others start crying, and others simply explain too much. It’s wise to keep the details to yourself and let the officer ask his or her questions, but to refuse to say anything which might be used against you later in a court of law. If you’re unsure, don’t answer any questions pertaining to drinking.
No Need to Take Sobriety Tests
This may be surprising, but Florida DUI law states it pretty clearly: there is no law in the books which says you need to stand on one leg for 30 seconds, count backwards, or say the alphabet in reverse. In fact, all these sobriety tests are optional. You can refuse them and will be breaking no law. Make sure you differentiate between the breathalyzer and the sobriety test: the breathalyzer you have to take or face charges, the sobriety test you don’t.
How to Handle Officers
As stated earlier, getting violent or starting to cry will never work in your favor. You should definitely never get physical with the officer. You also don’t beg the officer to let you go, or explain how it will ruin your life. Be polite, be clear on what you will and won’t say, and don’t do anything you feel you don’t have to.
How to Hire a Florida DUI Attorney
These tips so far have focused on how to help yourself in the court room before you even reach it. Why? The laws pertain to what you did, what you said, what you drank, and how you acted. Defending DUI includes all these things. The final tip would be to get the right counsel from an experienced Florida DUI attorney. If you follow the other 4 tips, he or she can fight can defend you with confidence.