DUI and Your Rights
on Thursday, 07 May 2015. Posted in Criminal
DUI is the number one topic that I get asked about as an attorney. It is also a topic that comes with a lot of confusion, and includes many myths. The list below identifies some common misnomers that the general public has.
- It doesn’t take a six pack to be impaired. Everyone’s tolerance is different. After one drink, your blood alcohol level could register over the legal limit of .08. Know your body, know your limits.
- You are NOT required to perform Field Sobriety Tests (FST’s). But be prepared to have penalties levied against you for that choice.
- You are NOT required to blow into the Breathalyzer to give the Officer your blood alcohol level (BAC). Again, be prepared to have penalties levied against you for that choice.
- You are NOT required to answer the Officer’s questions. You have the right to remain silent, in all situations. You are required to provide the Officer with proof of identification, registration, and insurance.
- If you choose to not perform the FST’s or to blow into the Breathalyzer, or answer the Officer’s questions, be prepared to be arrested for DUI, taken into custody, and to spend the evening in jail.
- Just because you are arrested for DUI, does not mean you will be convicted of DUI.
- No FST results, no BAC, and no statement from you equates to less evidence to be used against you at trial. Choose wisely.
At all times while interacting with law enforcement, you should be respectful and compliant. But that does not mean that you have to forgo your rights.
We are here if you need us! The Sooner You Call, the Sooner We Fight! 352-639-4117
This link provides a detailed list of the Florida DUI and Administrative Suspension Laws. http://www.flhsmv.gov/ddl/duilaws.html
