The Sobriety Tests Administered Under Florida DUI Law
Driving while intoxicated in Florida is never a good decision. Florida DUI law equips police officers with many different procedures, which they can use to detect drunk driving. Law enforcement officers are not limited to just investigating drivers with irregular driving patters. For instance, a driver may be accused of a DUI during a routine checkpoint, after investigating an accident, receiving a tip from another driver on the road, and various other reasons which may lead to a DUI investigation. Regardless of how a driver is arrested a skilled Tampa DUI lawyer can help defend against the allegations. The prosecutor will have the burden of proving beyond a reasonable doubt that the driver was intoxicated. Thus, if the Tampa DUI attorney can poke holes in the prosecutor's argument and raise doubts as to the driver's guilt the defendant should not be found guilty of a DUI.
Often, a DUI arrest is made following a stop for a simple traffic infraction such as speeding, failing to signal, or running a red light. Typically, the officer will not suspect the driver is intoxicated solely from the traffic infraction; rather the officer will wait until he has had an opportunity to personally observe the driver. Upon observing the driver and suspecting intoxication the officer will commonly request that the driver submit to a field sobriety test. The most commonly administered field sobriety tests are the Walk and Turn, One-leg Stand, and the Finger-to-Nose test. A driver does have a right to and should refuse to participate in the field sobriety test. If the driver does submit a field sobriety test his Tampa DUIattorney should try to challenge the reliability of these tests during the trial. The field sobriety tests administered in Florida are difficult to pass even without any intoxication and can lead to false arrests.
In addition to sobriety tests, Florida law enforcement may administer a breathalyzer test when inspecting a driver suspected of being under the influence of alcohol. Unlike field sobriety tests, a driver may be subjected to discipline for refusing to submit to the breathalyzer test. If a driver refuses to cooperate with a breathalyzer test the court may suspend the driver's license for up to one year. If the driver has prior breathalyzer test refusals the court may suspend the driver's license for up to 18 months. In addition, the refusal may be admitted as evidence and used as circumstantial evidence of guilt.
If you have been accused of a DUI you should contact a Tampa DUI lawyer for legal advice right away. Often, a driver will not be aware of all his rights and will volunteer incriminating information to the officer. By contacting a Tampa DUI attorney immediately you can be informed of all our legal rights and help prevent revealing evidence that may be incriminating.
Often, a DUI arrest is made following a stop for a simple traffic infraction such as speeding, failing to signal, or running a red light. Typically, the officer will not suspect the driver is intoxicated solely from the traffic infraction; rather the officer will wait until he has had an opportunity to personally observe the driver. Upon observing the driver and suspecting intoxication the officer will commonly request that the driver submit to a field sobriety test. The most commonly administered field sobriety tests are the Walk and Turn, One-leg Stand, and the Finger-to-Nose test. A driver does have a right to and should refuse to participate in the field sobriety test. If the driver does submit a field sobriety test his Tampa DUIattorney should try to challenge the reliability of these tests during the trial. The field sobriety tests administered in Florida are difficult to pass even without any intoxication and can lead to false arrests.
In addition to sobriety tests, Florida law enforcement may administer a breathalyzer test when inspecting a driver suspected of being under the influence of alcohol. Unlike field sobriety tests, a driver may be subjected to discipline for refusing to submit to the breathalyzer test. If a driver refuses to cooperate with a breathalyzer test the court may suspend the driver's license for up to one year. If the driver has prior breathalyzer test refusals the court may suspend the driver's license for up to 18 months. In addition, the refusal may be admitted as evidence and used as circumstantial evidence of guilt.
If you have been accused of a DUI you should contact a Tampa DUI lawyer for legal advice right away. Often, a driver will not be aware of all his rights and will volunteer incriminating information to the officer. By contacting a Tampa DUI attorney immediately you can be informed of all our legal rights and help prevent revealing evidence that may be incriminating.
