Being pulled over for a suspected DUI (driving under the influence) is a scary thing. If it has never happened to you before, you probably have little or no idea of what to expect. You may think that once you are pulled over, the officer will simply arrest you if he suspects that you have been drinking. There are actually a series of tests, however, that must be completed before this can happen. These tests not only determine if you have consumed alcohol, but also tell whether you are over the legal limit.
If you have been drinking and fear that these tests will show you are over the legal limit, it may cross your mind to refuse to take them, but what does a DUI refusal actually mean? In Daytona Beach DUI refusal results in an automatic one year suspension of your license. If there is a second refusal, this suspension increases to 18 months.
There are also additional consequences you will face for this refusal. The officer will place you under immediate arrest. You may find yourself facing an actual criminal charge known as a “Refusal to Take Blood Test.” Although this charge is a misdemeanor, there are often additional fines you will have to pay that are associated with this charge.
In Daytona Beach, as well as other parts of Florida, a blood alcohol content of above .08 is considered driving under the influence. If you are above .20 you will not only face a DUI, but there are more serious charges you can face. If you believe that you are above .20, or if you have been arrested for a DUI before, you may think that the misdemeanor charge and its punishment are less than the sentence you might otherwise receive. It is important, however, to consider exactly how these tests are administrated.
The first of these tests is typically the field sobriety test. The officer will generally see if you can walk in a straight line, lift one leg without losing your balance, or may be as simple as reciting the alphabet backwards. If you fail the field sobriety test, the officer will then request that you take a second type of test. This is usually the breathalyzer test.
The breathalyzer is a small hand-held device that the suspected drunk driver blows into. It uses the driver’s breath as a sample and checks it for alcohol. The device then uses a ratio that determines how much alcohol is actually in your system. If you pass the test, but the officer suspects that there are other factors involved, such as drug use, he may then transport you to a hospital for blood or urine testing.
While you might think that submitting to these tests actually provides the proof that you are guilty, there are several factors that can interfere with the accuracy of these tests. Acid reflux, recent vomiting, or even a warm body temperature can produce higher alcohol content readings. Cell phones and police radios can interfere with the calibration of a breathalyzer. Even your blood or urine test could be improperly taken or mishandled. When it comes to fighting your case in court, this means that it is generally easier to disprove the validity of the tests than explain to a judge why you refused to take the tests in the first place.
– This guest post was written by Musca Law firm, located at 1540 Cornerstone Boulevard #200, Daytona Beach, FL 32117, (386) 341-9882. Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.
