In the real world -you do not have to drive drunk to be arrested, be charged, and then be found guilty of drunk driving. Virtually anyone with any amount of alcohol in their system is a candidate for a drunk-driving citation and 100% responsible for any accident that may occur, as it wont matter who caused the accident – you will get blamed!

You do not realize how few drinks it takes to exceed the legal standards in Florida of .08 % Blood Alcohol Content. For the average sized person, three or four drinks could easily place them in the “drunk-driver” category. However, based solely on a police officer’s claim that you were “impaired,” even though your BAC was below the legal threshold, you can be convicted as a drunk driver.

If you choose to drink and drive, there are a number of things you can do to reduce the chances of being stopped and charged.

Police officers need a reason to stop a vehicle. There must be some possible violation to justify the stop. The most obvious violations are speeding, failing to use signals, rolling through a stop sign or driving with burned out lights. Since these are the most likely reasons to get stopped, if you have had anything to drink at all, check your lights and be extra cautious when driving.

Keep in mind that dark tint on the windows, loud exhaust pipes, broken lenses, unrepaired body damage and cracked windows all serve as the necessary excuse to stop a vehicle.

The chances of being stopped under a variety of pretenses at “bar time” are fairly high. However, the police are tuned in to special events like festivals, sports contests, large wedding receptions, church picnics and company parties. Enforcement may be intensified in these environments. If you are moving with traffic and your vehicle is well maintained and not “standing out” for any reason, you are much more likely not to be stopped.

If you are stopped – First, always keep documents like your registration and insurance card in a readily accessible location. You do not want to have to fish through your glove box, or worse, to not find these documents when you need them. When the blue lights go on, find a safe place to pull over, always on the right side of the road whenever possible. Next, turn your dome light on and place both your hands on the steering wheel where the police officer can see them. This makes him more comfortable about his safety and conveys a sense of personal control on your part. Be courteous, but admit to nothing. If the officer asks if you have been drinking return his question with a question, “would you like to see my license?” or “why do you ask?” Do not admit to drinking so much as one beer. You are under no obligation to give the officer any information beyond that on your drivers license. Your admission to drinking gives the officer “cause” to pursue the matter further. Without that admission he must base his decision on pursuing a DWI arrest on your driving, or your mannerisms after the stop. A burned-out headlight is not an indication of impairment.

In the event the police decide to push the issue, you may be asked you to step out of your car. The courts say this is allowed and you should cooperate. If you are asked to perform certain roadside sobriety tests, you have the legal right to refuse. Now – we are not “telling” you to “refuse” keeping in mind that ANY refusal IS GOING TO RESULT IN SERIOUS CONSEQUENCES whether you are below the legal limit or not. In Florida – you refusal to submit will subject you to Administrative proceedings that will likely result in you losing the privilege to drive for a year. However, without the roadside tests – which are normally videotaped – the State has much less visual proof of your impairment, if any. You have to make this choice. If you refuse – you will most likely be placed under arrest for suspicion of driving while impaired and asked to submit to a chemical test (breath, blood or urine) to determine your Blood Alcohol Content.

Florida does require a driver to submit to a chemical test, and a refusal will cause you to face severe administrative penalties. If your drinking has not been excessive, neither your driving nor your demeanor may be sufficient for you to be found guilty of driving under the influence by a jury. At this point you have the legal right to refuse a chemical test, i.e. breath, etc. However, if you do so, you will most likely lose your driving privilege. Refusal will deprive the police of chemical proof of your impairment, which may ultimately assist your defense of the charge. Keep in mind – we are not telling you to refuse any request that the police make – but are only telling you the possible consequences. So, while your refusal of a roadside sobriety test and a chemical test may have increase your chance of defeating a drunk driving charge in court and before a jury – you will have a significant loss of driving privileges as well as other consequences! You have to make the choice – a lawyer is not going to be there to give you advice.

If you find yourself in such a position it is best to consult an attorney with substantial DUI experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.

If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at [email protected] for further information and assistance. We try our very best to respond immediately.

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