Should I Submit to DUI Tests?

DUI, driving under the influence, is a serious offense and one that cannot be taken lightly. Many times, DUI charges occur after a simple traffic stop for an unrelated issue. You may be pulled over for speeding, failing to signal, or any myriad of potential moving violations. After being pulled over, the police officer may ask if you have been drinking. If the officer feels you are potentially DUI he may ask you to step out of the vehicle.

Field Sobriety Tests

You’re likely familiar with the common field sobriety tests that are performed at the side of the road. One of the most common is the walk and turn test where the driver must walk a specific number of steps in a straight line. Another field sobriety test that may be administered is reciting the alphabet. There are a number of these types of tests, which are used only for the officer to determine whether the driver may be DUI. If, in the estimation of the police officer, you fail the field sobriety tests, you may be requested to submit to a breath, blood, or urine DUI test.

Implied Consent

A breath test, commonly called a breathalyzer test, measures the amount of alcohol I the system using your breath. In Florida, the legal limit is 0.08%. Florida drivers are required to take a DUI test if requested to do so by a member of law enforcement. This is part of the implied consent law that is agreed to when you obtain your driver’s license. Failure to submit to a DUI test will result in a separate charge with a penalty of automatic license suspension.  

Must I Submit to Tests?

Generally speaking, it may be necessary to submit to testing, even if you feel you may be over the legal limit. If requested to take a test be sure to ask to speak to your attorney immediately. Your lawyer will want to review your specific situation to determine the best way to proceed. It also may be advisable to have your own DUI tests done as well. This can help to show the police test may have been improperly administered or evaluated.

Defending DUI Charges

It is certainly possible to successfully defend DUI charges. Remember that DUI penalties can be severe and it’s almost always best to defend the charges rather than entering a guilty plea. Always consult with an experienced DUI attorney who works with these types of cases on a daily basis. Your lawyer will help you defend the charges in the best way possible.