Motorcycle officer stopping a driver at night for after suspecting they were (DUI) driving under the influence.
Charged With a DUI Case?
The first thing you need to know is that there are two types of DUI cases: DUI cases involving alcohol and DUI cases involving drugs. You can receive a charge for either DUI, driving under the influence of drugs or alcohol, or both.
If charged with a DUI, you must consult with an experienced attorney. They will be able to advise you on the best course of action to take in your particular case. You can use some defenses in a DUI case as with any other criminal offense.
DUI cases can be complicated and challenging since there are many ways to defend yourself in court. Some defenses include:
- You were not driving at the time of your arrest;
- You did not consume enough alcohol or drugs to affect your ability to drive;
- You were not impaired by alcohol or drugs at all;
- The arresting officer did not have probable cause for the stop or arrest; or,
- Your blood alcohol content (BAC) was below the legal limit.
Do I Have to Take a Breathalyzer?
Florida Statute 316.1932 requires anyone who drives a car in Florida to consent to take a breath test if lawfully arrested for DUI. This law applies even if you have a license from another state or country, as long as your driver’s license is valid in Florida and you are driving here.
Florida Statute 316.1932 also applies to non-U.S. citizens with a valid driver’s license from another country and driving in Florida.
If you refuse to take a breath test when lawfully arrested for DUI, your driver’s license will be suspended for at least one year or 18 months if this is your second refusal within the past ten years.
What if I’m not from Florida?
Yes. If you are driving in Florida, you are subject to the laws of Florida. Even if you have a driver’s license from another state or do not have a permit, you must submit to chemical testing under this statute if you drive in Florida and get arrested for DUI.