How Can I Avoid a DUI?

A DUI charge can be a difficult experience. A DUI conviction can result in penalties that may include the suspension of your driver’s license, hefty fines and possibly incarceration.  In Florida, the legal limit is 0.08% BAC (blood alcohol concentration). Of course, the best way to avoid a DUI is never drive after drinking. If you question your ability to drive, you probably are impaired and should park your vehicle.  However, as everyone should know, drinking alcohol and then driving is not illegal in Florida.  If it were, bars would not have parking lots.  Unfortunately, many people including law enforcement officers believe that if you have been drinking you should not be driving.  In an effort to protect the public, law enforcement officers often have an arrest first, worry about proof later attitude.  In our years of practicing law in the area of DUI Defense, we have represented numerous people who were arrested for DUI who had not been drinking and had no drugs, either legal or illegal in their systems when tested.  Of course prosecutors were forced to drop the charges once the drug test results came back, but with the Florida crime lab as backed up as they get, this can take months to occur.  While waiting for the results to come back, the specter of a criminal case hangs above the heads of the innocent person arrested for no good reason.  Additionally, we have represented numerous people who took a breath test and blew under the legal limit of .08.  Just like the people who we discussed above whose results were 0.00 these people were also arrested.  In many cases when an officer gets a breath test result under the legal limit or containing no alcohol at all, the officer assumes that the person must be on drugs and asks them to give a urine sample after they have proven they have no alcohol in their system.

The Lack of Alcohol or a Breath Test Below the Officer’s Expectation is Not Necessarily Enough to Request a Urine Test  

Florida courts have issued a mixed bag of results when asked to determine if the lack of alcohol in a breath test, or a breath test result lower than the officer expects it to be  is by itself enough for the officer to have probable cause to subsequently request a urine test.  Many courts have found that the fact the officer did not get the result they expected when a breath test was given, without more is not enough to then pivot to a belief that the impairment is caused by drugs and ask for a urine test.  Some courts however have held that if the officer sees obvious signs of impairment beyond those that can be explained by the result of the breath test, this is enough to ask for a subsequent urine test.  An experienced, board certified* DUI Defense Expert, like those at Katz & Phillips, P.A. will know the appropriate arguments to make to challenge the admissibility of all tests given when you were arrested.  Call us today to discuss how we can help you based on the facts of your individual case.

The Smell of Alcohol

Unfortunately, driving under the influence of alcohol or drugs can have serious devastating consequences, including the death of multiple people in a DUI accident.  Law enforcement is aware of this.  No police officer wants answer the question why they let someone drive away when they stopped them, who later caused an accident which resulted in death.  Therefore, officers almost always make an arrest if they smell alcohol on the breath of a driver.  If you choose to drive after consuming any alcohol at all, you are at risk of being arrested for DUI, even though officers are trained that the odor of alcohol does not indicate impairment, but only the possible consumption of beverages that contained alcohol.

Bloodshot Glassy Eyes

Another thing officers often notice, especially late at night is bloodshot glassy eyes.  Bloodshot, glassy eyes is another thing officers are taught to look for when trying to determine if a driver is DUI.  However, officers are also trained that bloodshot, glassy eyes are not an indicator of impairment, though they may indicate possible consumption of alcohol or certain drugs.  The problem is that people get bloodshot glassy eyes when they are tired, have spent time in a smoky room, have allergies, and numerous other reasons, so bloodshot glassy eyes may not indicate impairment or consumption at all.

The Officer’s Questions

No law in Florida requires you to answer any questions posed to you on the side of the road by a law enforcement officer who has stopped you for a traffic violation, although you are required to provide your license, registration and insurance if they are requested.  After that, politely inform the officer that you will not answer any additional questions.  Typically, officers will ask if you know why you were stopped, where you are coming from, where you are going, if you have been drinking, and how much you have had to drink.  You are not required to answer these questions.  Politely tell the officer you are unwilling to answer any questions and provide them the documents they request.

Field Sobriety Exercises

There is no law in Florida which requires a driver to perform field tests to determine their sobriety.  Although Florida law does allow a prosecutor to tell a jury you refused to do the officer’s requested tests and to argue that you refused to do them because you knew you were drunk and could not do them.  A jury is far less likely to hold against you that you did not agree to perform a test that was not legally required then they are to hold against you the fact that you could not walk straight or raise your leg like you were asked.  Further, the Field Sobriety exercises given throughout the state are not designed to show that a person is not impaired.  they are designed to provide evidence against you.  For example in testing to develop these exercises it was found that the average sober person could hold their leg up for 25 seconds without putting it on the ground.  The test they developed requires a person to hold their leg in the air for 30 seconds, which means most sober people would fail this.  Don’t answer questions and don’t do tests you are not legally required to do.  All you are doing is helping create evidence against you.

DUI Tests for Alcohol and Drugs

Blood alcohol concentration is typically measured using a breath or blood test, while urine and blood tests are used to determine the presence of chemical or controlled substances. Of these tests, blood is the most accurate measurement when the blood is drawn, handled and tested correctly. The concentration of alcohol in the bloodstream varies greatly based on a number of factors. Your size, weight, and age partially determine how your body metabolizes alcohol. Some other factors include how much food you have eaten recently and how quickly you are drinking.  While Florida law does require that you submit to a lawfully requested Breath, Blood, or Urine test, a skillful, knowledgeable attorney like the board certified* DUI Defense Experts at Katz & Phillips, P.A. can work to keep the test results out of evidence if you do submit to the test requested of you.  If you don’t submit to the requested test, the Prosecutor is left arguing that you did not take the test because you knew you would fail it.  Our attorneys also know many strategies to counter this argument, but remember if you refuse a lawfully requested test and have previously refused, you could be charged with a separate crime of refusal which is punishable by up to a year in jail and up to a $1,000 fine.

Fighting DUI

OK, admittedly, there is nothing we can do or say to keep an officer from arresting you if they decide they are going to.  As we said at the beginning of the article we have represented multiple drivers who were arrest for DUI and had no alcohol and no drugs in their system, but they were still arrested for DUI.  The advice contained above may not keep you from getting arrested, but it will put you in the best possible position to defend against the DUI charge levied against you.  If you have been stopped for a traffic violation or on suspicion of DUI, it is best to be courteous with the officer.  Provide your required documents, and refuse to answer any questions or submit to any testing not required by law.  Florida requires you to submit to a breath or urine test if asked to take one by a member of law enforcement who has placed you under arrest. Failure to comply could result in separate additional charges if you have previously refused, but might also keep prosecutors from having the evidence they need to convict you of DUI. Remember that you only have 10-days to protect your driving privilege, so speak to an experienced DUI lawyer in Orlando like the board certified* DUI Defense Experts at Katz & Phillips, P.A. as soon as possible.  Every aspects of your case must be considered when defending your DUI charges.  Our lawyers will review all the information and present the defense that will provide you with the best possible outcome.  Call us today.  We look forward to speaking with you and discussing how we can tailor your defense to your particular needs.