Cаn I Rеfuѕе A Field Sоbriеtу Tеѕt In Florida

Getting pulled over can make anyone nervous, even if they did not do anything – its just something in those lights that get our hearts pumping and our nerves on edge. So when the officer who is pulling you over starts asking if you’ve had anything to drink and if you would step out of the vehicle to take part in a few field sobriety tests, what should you do? Or rather, what can you legally do?

Florida’s Implied Consent Law

Many people mistake Florida’s implied consent law and the field sobriety test. Florida’s implied consent law only makes you legally obligated to take the breathalyzer test if it is requested of you. Refusing to take the breathalyzer can lead to the suspension of your license for an entire year. Don’t confuse the Florida’s implied consent law and the breathalyzer with field sobriety tests.

Can You Refuse A Field Sobriety Test?

You can decline taking part in a field sobriety test and you should – they are a bit ridiculous to perform and even people who are not intoxicated can fail them. These tests are generalized mehods of determining an idividuals balance and reaction time, which can be affected by alcohol or other substances. However, attempting to walk toe over toe and make a perfect 360 turn can make someone who normally has poor balance or poor coordination to trip over themselves.

They are not adequate judgement of your state of mind and there is no need to submit yourself to a series of tests that could skewer a jury’s impression should the tests be recorded by the officer’s dashboard cam.

Should I Take The Breathalyzer?

Regardless of your intoxication levels, it is in your best interest to comply with this request. Not only do you not want to risk losing your license when you don’t have to but breathalyzers are notoriously poorly calibrated and on average have an error margin of 50%, so even if it should read a high blood-alcohol-level, it may not be accurate or admissible in your DUI case.

Do I Need An Attorney To Defend My DUI Charge?

Yes. A DUI is a damaging charge on your driving and criminal record. It can have professional and personal repercussions for years if not for your whole lifetime. By seeking the aid of a DUI attorney, you can relax some knowing that you have someone on your side during the whole ordeal. There are major and minor contributions made on a regular basis that can affect the outcome of your DUI charge but having an experience DUI attorney walk you through it, learn and understand what your rights are during the whole process, and possible even have the charged knocked down in seriousness or dropped altogether.

2018-12-19T07:52:34+00:00