Driving Under the Influence (DUI) charges are serious offenses in Florida, and many people harbor myths and misconceptions about what it means to be charged with a DUI and the consequences that follow. These misunderstandings can lead to poor decisions, both on the road and in the courtroom. We will now explain some of the most common myths and misconceptions about Florida DUI cases, clarify the reality of these situations, and explain how a DUI attorney can challenge field sobriety tests.
Myth 1: You Must Be Over the Legal Limit to Be Charged with DUI
One of the most pervasive myths is that you can only be charged with a DUI if your blood alcohol concentration (BAC) is 0.08% or higher. While 0.08% is the legal limit for drivers over the age of 21, Florida law allows for DUI charges if a driver is impaired by alcohol or drugs, regardless of their BAC level. This means that even if your BAC is below 0.08%, you can still be arrested and charged with DUI if law enforcement believes your driving ability is impaired.
Myth 2: Refusing a Breathalyzer Test Will Help You Avoid a DUI Conviction
Some people believe that refusing to take a breathalyzer test will prevent a DUI conviction. While it is true that refusing a breath test can limit the evidence against you, it also comes with immediate penalties. Under Florida’s implied consent law, refusing a breathalyzer test can result in an automatic driver’s license suspension for one year for a first refusal and 18 months for subsequent refusals. Additionally, the refusal can be used against you in court as evidence of guilt.
Myth 3: You Can Sober Up Quickly by Drinking Coffee or Taking a Cold Shower
Many believe that drinking coffee, taking a cold shower, or exercising can help them sober up faster. However, these methods do not reduce BAC or impair the effects of alcohol. The only thing that can lower BAC is time. Your body needs time to metabolize the alcohol, and no quick fixes will speed up this process.
Myth 4: You Won’t Be Convicted of DUI If You Weren’t Driving
Another common misconception is that you cannot be convicted of DUI if you weren’t physically driving the vehicle when the police arrived. In Florida, you can be charged with DUI if you are in “actual physical control” of the vehicle. This means that if you are sitting in the driver’s seat with the keys in the ignition, or even within reach, you can still be charged with DUI, regardless of whether the vehicle was moving.
Myth 5: You Can’t Be Charged with DUI If You’re on Private Property
Some people believe that DUI laws only apply to public roads and that they are safe from arrest if they are driving on private property. In Florida, DUI laws apply to both public and private property. You can be arrested for DUI even if you are driving in a parking lot, a private driveway, or on any private land.
Myth 6: Prescription Medications Are Not a Basis for DUI Charges
There is a misconception that you cannot be charged with DUI if you are impaired by legally prescribed medication. In reality, if your prescription medication impairs your ability to drive safely, you can be charged with DUI. This applies to a wide range of medications, including painkillers, antidepressants, and sleep aids.
How a DUI Attorney Challenges Field Sobriety Tests in Florida
Field sobriety tests (FSTs) are commonly used by law enforcement to assess a driver’s level of impairment. However, these tests are not foolproof and can be challenged by a skilled DUI attorney. Here’s how:
Questioning the Conditions of the Test
The conditions under which field sobriety tests are administered can significantly impact their accuracy. A DUI attorney can examine factors such as poor lighting, uneven surfaces, adverse weather, or the presence of distractions that may have affected the driver’s performance.
Highlighting Physical or Medical Conditions
Certain physical or medical conditions can impair a person’s ability to perform field sobriety tests, even if they are not under the influence of alcohol or drugs. For example, conditions such as vertigo, knee injuries, or neurological disorders can cause poor performance on tests like the Walk-and-Turn or One-Leg Stand. An attorney can present medical evidence to support this argument.
Scrutinizing Officer Training and Administration
The effectiveness of field sobriety tests relies heavily on the officer’s training and adherence to standardized procedures. A DUI attorney can investigate whether the officer followed proper protocols and was adequately trained in administering the tests. Any deviations from standard procedures can cast doubt on the test results.
Demonstrating Nervousness and Anxiety
Being pulled over and subjected to field sobriety tests can be a stressful and anxiety-inducing experience. Nervousness can impact a person’s coordination and ability to follow instructions. A DUI attorney can argue that the driver’s nervousness contributed to their poor performance on the tests.
Questioning the Subjectivity of the Tests
Field sobriety tests are inherently subjective, relying on the officer’s judgment and interpretation of the driver’s performance. A DUI attorney can highlight the subjective nature of these tests and argue that the officer’s observations may have been influenced by bias or other factors.
FAQs about Florida DUI Cases
1. Can I Be Arrested for DUI If I’m Under the Legal Drinking Age?
Yes, Florida has a “Zero Tolerance” policy for drivers under the age of 21. If you are under 21 and have a BAC of 0.02% or higher, you can be arrested and charged with DUI. The penalties for underage DUI can include fines, mandatory DUI school, community service, and a driver’s license suspension.
2. What Happens If I Refuse a Field Sobriety Test in Florida?
Refusing a field sobriety test in Florida is within your rights, but it can have consequences. While you cannot be penalized directly for refusing the test, the refusal can be used against you in court as evidence of guilt. Additionally, refusing a field sobriety test may result in the officer arresting you based on other observations of impairment.
3. Will a DUI Conviction Affect My Ability to Get Auto Insurance?
Yes, a DUI conviction can significantly impact your ability to obtain auto insurance. Many insurance companies consider DUI convictions as high-risk factors, which can lead to increased premiums or even denial of coverage. You may be required to obtain SR-22 insurance, which is a high-risk insurance policy that comes with higher costs.
4. How Long Does a DUI Conviction Stay on My Record in Florida?
A DUI conviction in Florida results in a permanent criminal record. Unlike some other offenses, DUI convictions cannot be expunged or sealed, meaning they will remain on your record for life. This can affect your employment opportunities, ability to travel, and personal reputation.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing DUI charges in Florida, it is essential to understand the myths and misconceptions that surround these cases. Misunderstandings about DUI law can lead to poor decisions that may negatively impact your case. Musca Law, P.A. offers a team of experienced criminal defense attorneys with a proven track record of success in handling DUI cases. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.