So it’s 2018 and you probably had a couple of drinks on New Years Eve, and you didn’t read my Instagram post on @LegalTimeWithTobe to call an UBER, so you decided to drive home, or wherever the night took you. Let’s take a moment and give thanks that you’re safe and are able to read this post that will help you in the future. Let’s also give thanks that you weren’t in front of a magistrate Judge who determined that there was probable cause to arrest you for a DUI. So you decided to not follow my other bit of advice, and drive after drinking; because you feel “good”. Here are some things you should know if you get pulled over after drinking.
- Be “on point” While Driving.
Drive carefully and obey all traffic signs. Don’t “swerve” every time you here Big Sean say it while listening to the track “Mercy”. (Listen to it; he says it like 1000 times). If you are observed swerving in and out of lanes, an officer will almost for certain pull you over under the legal basis that he feels you displayed a driving pattern that gives them a reasonable suspicion you are driving under the influence.
- Shut Up and Don’t Look Left.
If you can avoid talking, then do that. Have your license, registration, and proof of insurance ready to give to the officer. Officers are trained to detect for signs of impairment. They’re listening for slurred speech, smelling for an odor of alcohol, and looking for blood shot eyes. If you can speed up the ticket process, you could probably avoid the officer developing reasonable suspicion to conduct a DUI investigation.
- Refuse the Exercises.
The roadside exercises are those ridiculous tasks that make you look like you’re doing the hokey pokey on the side of the road. In Florida, the exercises are voluntary, so you have the right to refuse. Save yourself the embarrassment if you know you have no coordination. I’ve taken many DUI cases to Trial where my client looks like an Olympic athlete performing the exercises and unfortunately was still arrested. Don’t create evidence against yourself. I feel the less evidence the Prosecutor has, the more likely the case will get worked out in your favor.
- Don’t Blow.
Your breath is only required if you are arrested for any driving offense while under the influence of alcohol. See Florida Statute 316.1932. So that means if you have not been arrested, a law enforcement officer can’t take your breath sample, and you have the right to refuse.
*In Florida, If you are arrested for a DUI related offense concerning alcohol, then you are subject to the implied consent laws of Florida, where your failure to blow can lead to a drivers license suspension the first time, and a misdemeanor charge after the first time.*
This may be a lot to remember when you had 2 or 3 double shots, but if you read this enough, it should come second nature, I promise!
Share this post on your social media, or email a friend. This is a great topic of discussion over some cocktails.
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