The holiday season is upon us, and during this festive time, local and state law police are out in force monitoring for DUI, with more police patrols, and with DUI Check Points. If you are stopped while driving, and it turns into a DUI Investigation, remember these important points:
1. If an officer asks you to perform what are referred to as Field Sobriety Exercises, such as ‘Heel to Toe’, ‘One Leg Stand’, ‘Walk and Turn’, Horizontal Gaze Nystagmus, or any other type tasks, you do not have to do such. The officer may question you as to why you are refusing to do them, and may even suggest that if you are not impaired then there should be no reason to not perform such tasks or exercises, but remember, less is more, and all you should say, respectfully, is that you choose not to do them and leave it at that. These field tasks or exercises are so subjective in nature, and while most of the time they are videoed by law enforcement, the reality is that many are difficult to do even under the best of situations or conditions. Many people think that the law requires you to do them, but it does not.
2. Again, less is more. If you are part of a criminal investigation for DUI, remember you have the right to remain silent. Give the police your basic contact information, ask to speak with an attorney, and no more.
3. Florida’s Implied Consent Law requires all drivers to submit to a breath test if requested by an officer as part of a DUI case. If you take it and fail (blow above a .08) you full driving privileges are suspended for 6 months (you may be eligible for a hardship license during this time). If you refuse to submit to a breath test, please know that your license will be suspended for a minimum of 12 months.
If you have been arrested for DUI and you would like to discuss your case and discuss legal representation, please give me a call at 386-753-8741 for a free consultation.
