Fl dui
I am 60 yrs. old and have never received a DUI, nor plan on getting one. However, I want to be armed with the best information in the event I am stopped after a couple of drinks.
Questions
1. If I think I am borderline DUI, should I: a) refuse a field sobriety test and/or b) invoke the ''right not to respond''?
2. If I refuse the field sobriety test or invoke my ''right not to respond'' will I: a) automatically lose my FL license for 1-year and/or b) possibly be arrested just for refusing a and b?
3) If I do take the breathalyzer and fail can I request a blood test? If I can, will the officer make the arrangements and will it be done after being taken to the station or before?
4) I would assume after a)exercising my right not to respond and b) decllining the field sobriety test, the officer's next step would be to administer the breathalyzer test. If I refuse the test and I win in court due to the state's lack of evdience, do I still lose my drivers license for 1-year for refusing the breathalyzer test?
Any other suggestions would be appreciated. Thanks in advance for your time. Respectfully,--name removed--
1 Answer from Attorneys
Re: Fl dui
Here are my thoughts:
1. many attorneys will advise you to refuse everything.
2. if you refuse to do roadside exercises that should not be taken into account for probable cause and does not implicate any implied consent issues regarding loss of your license. If you refuse to provide a breath sample than you will lose your license for that refusal subject to administrative hearing procedures which one could undertake. realize that one is not given a breath test unless already under arrest in Fla..
3. you are entitled to an independent breath/blood test however an officer will not facilitate this.
4. before the breath test would be given you would have needed to be arrested. with a refusal to participate in roadside exercises it would be determined on a case by case basis whether there exists sufficient grounds to place you under arrest. as to the loss of license the administrative process and the criminal process are distinct and have no bearing on one another, thus you could lose your license (may be eligible for hardship license) and win your case. this happens often and I just had a case with this result. Good luck and drive safe. The best advice is to have someone else drive, as an officers determination at the roadside is very subjective and once arrested even if you blow under the legal limit of .08 will not result in undoing the arrest and time one might spend in jail awaiting release.
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