Facing a DUI charge can be a challenging experience, with potential consequences that may include the suspension of your driver’s license, hefty fines, and even incarceration. In Florida, the legal limit for blood alcohol concentration (BAC) is 0.08%. The best way to avoid a DUI is to never drive after drinking. If you ever question your ability to drive, it’s likely that you are impaired and should refrain from getting behind the wheel. However, it’s important to note that drinking alcohol and then driving is not illegal in Florida. If it were, bars wouldn’t have parking lots.
Unfortunately, many people—including law enforcement officers—believe that anyone who has consumed alcohol should not be driving. In an effort to protect the public, officers often adopt an “arrest first, prove guilt later” approach. Through our years of experience in DUI defense, we have represented numerous individuals who were arrested for DUI despite not having consumed any alcohol or drugs—legal or illegal—at the time of their arrest.
While prosecutors are forced to drop charges once toxicology results confirm sobriety, Florida’s overburdened crime labs can take months to process these tests. In the meantime, innocent individuals must endure the stress and stigma of a pending criminal case.
Additionally, we have represented many clients who took a breath test and registered below the legal limit of 0.08. Despite proving they were under the limit, these individuals were still arrested. In many cases, when officers receive a low or zero BAC result, they assume the driver must be under the influence of drugs and request a urine sample—even after the individual has already demonstrated they have no alcohol in their system.
Florida courts have issued mixed rulings on whether a low or zero BAC result from a breath test alone provides probable cause for an officer to request a urine test. Many courts have determined that an officer’s unexpected breath test result—without additional evidence—is not enough to justify suspecting drug impairment and demanding a urine test. However, some courts have ruled that if an officer observes clear signs of impairment beyond what the breath test result suggests, they may have grounds to request further testing.
An experienced, Board-Certified DUI Defense Expert—such as those at Katz & Phillips, P.A.—understands the legal arguments necessary to challenge the admissibility of all tests conducted during a DUI arrest. Contact us today to discuss your case and explore your legal options.
Driving under the influence of alcohol or drugs can have devastating consequences, including fatal accidents. Law enforcement officers are acutely aware of this risk, and no officer wants to be questioned about why they let a driver go, only for that person to later cause a tragic accident. As a result, officers frequently arrest drivers simply for having the smell of alcohol on their breath.
If you choose to drive after consuming any alcohol, you risk being arrested for DUI—even though officers are trained that the odor of alcohol alone does not indicate impairment, only the possible consumption of alcohol-containing beverages.
Officers are also trained to look for bloodshot, glassy eyes when determining whether a driver may be impaired. However, they are equally trained to understand that this condition is not a definitive sign of impairment. Bloodshot eyes can result from a variety of non-alcohol-related factors, such as fatigue, allergies, exposure to smoke, or even long hours staring at a screen. This means that while officers may cite bloodshot eyes as a reason for suspecting DUI, it does not necessarily indicate alcohol or drug consumption.
Florida law does not require you to answer any questions from an officer during a traffic stop, aside from providing your license, registration, and proof of insurance upon request. After fulfilling this obligation, you have the right to politely decline to answer any additional questions.
Officers typically ask where you are coming from, where you are going, whether you have been drinking, and if so, how much. You are not legally required to answer these questions. Instead, politely state that you choose not to answer and provide only the required documents.
Florida law does not require drivers to perform field sobriety exercises. However, prosecutors are permitted to tell a jury that you refused to participate and may argue that you declined because you knew you would fail. Even so, a jury is far less likely to hold a refusal against you than they are to hold it against you if you attempt the exercises and do poorly.
It’s important to remember that field sobriety exercises are not designed to prove a person is sober—they are designed to gather evidence for the prosecution. For example, research has shown that the average sober person can balance on one leg for 25 seconds before touching the ground. Yet, the official test requires individuals to balance for 30 seconds, meaning many sober people may fail.
For this reason, it is often in your best interest to decline any voluntary sobriety tests. By doing so, you avoid providing evidence that could be used against you later.
Blood alcohol concentration (BAC) is most commonly measured through breath or blood tests, while urine and blood tests are used to detect controlled or chemical substances. Of these, blood tests are the most accurate when properly collected, handled, and tested. However, BAC levels can fluctuate significantly based on various factors, including body size, weight, age, food consumption, and the speed of alcohol intake.
Under Florida law, drivers are required to submit to a lawfully requested breath, blood, or urine test. However, a skilled DUI defense attorney—like the Board-Certified experts at Katz & Phillips, P.A.—can challenge the admissibility of test results in court. If you refuse to take a test, prosecutors may argue that you declined because you knew you would fail. Our attorneys are well-versed in countering this argument.
Keep in mind, though, that if you refuse a lawfully requested test and have previously refused one in the past, you could face a separate criminal charge for refusal, which carries penalties of up to one year in jail and a fine of up to $1,000.
Unfortunately, if an officer is determined to arrest you for DUI, there may be little you can do to prevent it at the moment. As we mentioned earlier, we have represented numerous clients who were arrested for DUI despite having no alcohol or drugs in their system. While the advice provided above may not stop an arrest from happening, it will put you in the best possible position to challenge the charges and protect your rights.
If you are stopped for a traffic violation or suspected DUI, always remain polite and cooperative. Provide the required documents—your driver’s license, registration, and proof of insurance—but politely refuse to answer any additional questions or submit to any voluntary field tests. Under Florida law, you are required to take a breath or urine test if requested by an officer after an arrest. Refusing to comply may result in additional charges if you have previously refused testing, but it could also prevent prosecutors from obtaining the evidence they need to convict you.
Time is critical when fighting a DUI charge. You have only 10 days to take action to protect your driving privileges. Contact the Board-Certified DUI Defense Experts at Katz & Phillips, P.A. as soon as possible. Our experienced DUI defense attorneys will meticulously examine every detail of your case and build a strong defense strategy tailored to your unique situation.
Call Katz & Phillips, P.A. today for a free consultation. Let us fight for your rights, your reputation, and your future.
509 W Colonial Dr. Orlando, FL 32804
Law Office Directions
Free Consultation(321) 332-0430
Contact the Law Offices of Katz & Phillips today to speak with one of our attorneys about your case today by filling out the form below, or call us at (321) 332-0430.
"*" indicates required fields
