Must I Submit to DUI Tests?

 

If you have been stopped by law enforcement for DUI you will want to know what to expect. Police officers may stop a vehicle for a minor traffic violation and then make the decision to check you for DUI, driving under the influence. The first thing the officer may ask you to do is perform field sobriety tests. Next, DUI breath or blood tests may be administered to determine BAC (blood alcohol concentration). In Florida, the legal BAC is 0.08%.

Taking Field Sobriety Tests

There are various field sobriety tests that police may employ to help them determine whether to proceed with formal DUI testing or prosecution. These include tests such as:

  • Walk a straight line
  • Recite the alphabet
  • Stand on one leg
  • Touch your finger to your nose

Field sobriety tests are simple tests meant to allow offices to analyze a driver’s possible impairment.  If the officer determines that you may be impaired, he will continue with additional DUI tests. The most common DUI test is the breathalyzer test, which can be easily administered at the site of the traffic stop.

What is Implied Consent?

Drivers in Florida are required to submit to DUI testing if requested to do so by a member of law enforcement. All drivers have consented to this as a condition of obtaining a driver’s license. You must agree to DUI tests or face additional penalties. For example, the penalties for refusal to take a breath test may include an automatic suspension of your driver’s license for a period of up to a year. Additionally, your refusal can be used in your DUI court case.

Fighting DUI Charges

It is important to note that a charge of DUI is not a conviction. If you have been arrested or charged with DUI there are steps you can take to defend the charges. The first step is to choose an experienced DUI attorney. Because there are many complexities involved in DUI charges and testing may have been done improperly or the results could be analyzed wrong. An attorney who specializes in DUI defense will be able to most effectively assist throughout the process.