| If you’re pulled over for suspicion of DUI, you should | | | | You also can refuse to take an FST. Refusing to take |
| understand your rights. In Florida, DUI is a criminal | | | | an FST does not mean that you won’t be arrested |
| offense and a DUI conviction has long-lasting | | | | for DUI. However, if you’re arrested, you have a |
| consequences. | | | | right to an attorney and an officer should read you |
| What a Florida law enforcement officer looks for | | | | your Miranda rights. It’s important to contact an |
| In order to make a case for DUI, it has to be proven | | | | attorney who is experienced in drunk driving cases. |
| beyond a reasonable doubt: | | | | Blood-alcohol concentration tests |
| · That you had a blood alcohol level above the legal | | | | After you’re arrested and taken to jail or a DUI |
| limit while driving (.08 percent or higher if you’re an | | | | intake unit, a blood-alcohol concentration (BAC) tests is |
| adult;.02 percent or higher if you’re under 21) OR | | | | typically conducted using a breathalyzer. Breathalyzer |
| · That your normal faculties were impaired while | | | | devices are not infallible. An officer has to be certified |
| driving | | | | to use the device and must administer the test |
| Some of the signs an officer may look for after pulling | | | | following certain procedures. Breathalyzers also have |
| you over include: | | | | to be maintained properly. A blood or urine test may |
| · Slurred speech | | | | be conducted if you pass a breathalyzer test and an |
| · Red eyes | | | | officer suspects drug use. |
| · An odor of alcohol | | | | You should pay attention to the circumstances under |
| · Poor coordination | | | | which a BAC test is administered, since just as with an |
| Field sobriety tests | | | | FST, you may be able to challenge the results. |
| An officer may conduct a “field sobriety test” | | | | You also can refuse a BAC test; however, If you |
| (FST) to determine if there’s probable cause to | | | | refuse: |
| arrest you for driving while impaired. An FST is a | | | | · Your refusal can be used as evidence in your DUI |
| physical agility exercise that requires you to do more | | | | case |
| than one thing at a time | | | | · Your driver’s license will be suspended for 1 |
| An officer may ask you to: | | | | year after your first refusal and for 18 months if you |
| · Stand on one leg | | | | refuse again, even if you are not convicted of a DUI. |
| · Walk and turn | | | | An officer should read you an “Implied Consent |
| · Follow a penlight or finger moving left and right with | | | | Warning” that outlines the consequences of |
| your eyes, while you stare straight ahead | | | | refusing a BAC test. An officer’s failure to read this |
| You can challenge an FST | | | | warning can affect the length of time your license is |
| · Your DUI case may be thrown out if an officer fails | | | | suspended. |
| to follow proper procedures in administering an FST. | | | | Dealing with the aftermath of an arrest |
| · You also can challenge the interpretation of FST | | | | It’s important to get the advice of an experienced |
| results. For example, you may have medical issues | | | | DUI attorney as soon as possible to understand your |
| that affect your balance and this can affect the | | | | rights and to determine if the police followed proper |
| test’s reliability. | | | | procedures. |