What you should know about field sobriety tests

If you are driving and are stopped on suspicion of being drunk, you will probably be asked to take field sobriety tests. These are exercises which are used by law enforcers to find out if a driver is under the influence (DUI) and is not able to drive safely. When you are stopped, these tests are important, as the law enforcer will decide from the results whether to arrest you.

You won’t have too much time to think about your situation as the tests will take place at the site where you were stopped. These tests are usually videotaped so that they can be used as evidence in court.

You do not have to take the sobriety tests

You do not have to take these tests when asked. It may seem easier to agree than refuse. This is what the law enforcer wants you to do. Once you have taken these tests, it is far more difficult to defend yourself. If you are in this situation, you should think before agreeing. That is your legal right.

What will happen in the tests?

The tests try to find out if you can walk properly, think clearly, see clearly and speak clearly.

The first test will ask you to follow an object as the officer waves it in front of your face, like a pen or a finger. In the second test, the officer will ask you to stand on one leg and in the third test you will be asked to walk and then turn. The final test is a speaking test and you may be asked to say some of the letters of the alphabet.

How Does the Law Enforcer Decide if You Are Drunk?

In Florida, each officer has been trained how to give out and assess the sobriety tests. While watching you perform the tests, the officer will decide if you are following his or her instructions and also how you perform in the tests.

If you are unable to focus your eyes on the moving object, you fall over or stumble when asked to stand on one leg and turn around and you can’t be heard clearly when saying the alphabet then the officer will at this point decide that you are DUI.

By taking the sobriety tests you have now given the arresting officer not only the chance to arrest you, but the opportunity along with the State Attorney, the chance to prove that you were DUI.

A decision made if you were DUI can be decided only from the results of your sobriety tests. This is not very accurate, as the tests are not scientific. That means they cannot be measured exactly. Your lawyer might be able to argue in your favor if your weight or age has had an effect on your sobriety test results. You may have an injury that has some affect on your movement or you may be more tired than usual due to a longer than normal day at work. There are also other factors that might work in your favor, which could be related to conditions underfoot, the weather at the time, the amount of light available to see and understand the officer’s instructions.

If you have been arrested for DUI and you think that the sobriety tests were not reliable for any of the reasons given above, you should tell your lawyer, so he or she can argue in your defense.

How your health can affect a BAC test

If you have been arrested on a charge of driving under the influence (DUI), your health can have a big effect on the outcome of the tests taken to see if you are drunk. You could even be charged for DUI because of a pre existing health problem you had, or medicines you were taking at the time you were arrested and not because you had been drinking. You shouldn’t give in to these sorts of errors. You need the help of a DUI lawyer to fight the charges against you and clear your name.

Your health can affect everything about the way law enforcement offices decide if you are DUI. This can start as soon as you are pulled over by a police officer. If you are pulled over on suspicion of DUI, the police officer will ask you to complete a set of physical tests called field sobriety tests. Before this happens, he or she may also smell your breath and look at the state of your eyes. You could be giving off an odor which the officer thinks is alcohol, when in fact it has been caused by medicine you have taken, like cough medicine or a health condition like diabetes. You may perform badly on the sobriety tests simply because of ill health, tiredness or nervousness. If you think your health could affect these tests it is better to refuse to do them and explain why when you do.

If the police officer takes you back to a police station you will be asked to take a blood alcohol content (BAC) test. There are different types, but the most common one used in Florida is the breath test. There are many well known errors with all of these chemical tests, which have nothing to do with your health. But if you have an existing health problem, it could exaggerate your BAC reading, or put you over the legal limit of 0.08%, even if you had not drunk any alcohol at all. If you have a health problem, or have been taking drugs or medicine that could affect the result you should point this out at the time the test is taken.

The main problem with the breath and blood tests is that they don’t actually measure alcohol directly at all, but measure anything that is chemically similar. That means you could be breathing out something that has been caused by an illness or a solvent for a medicine and the test machine would not know the difference.

Drugs for heart disease, cholesterol, blood thinning as well as cough medicines can all mimic or produce higher than normal BAC readings.

Anything that causes you to release stomach acid into your mouth like GERD, heartburn, burping, belching or regurgitation can also cause a false reading as the breathalyzer cannot tell the difference between this and alcohol that has come from drinking. 20% of U.S. drivers are diabetics and when their glucose levels are low, they can release chemicals in their mouth (ketones) which cause a high BAC reading.

Don’t expect the law enforcement in Florida to take much notice of you, if you tell them of any health or medical issues. They are determined to get a conviction, as it raises their profile. You will need to have a solid defense against any DUI charge if you are to get off.

A good DUI lawyer knows how health issues can lead to you being falsely charged for DUI and will be able to use this to your advantage. He or she can successfully fight your case in court and get your DUI charge dropped, or at least reduced or minimized. A DUI conviction might haunt you for the rest of your life. Fight your charge with a DUI lawyer.

The Consequences of BAC levels on a Tampa DUI Sentence

Studies indicate that every drink consumed elevates the blood alcohol level (BAC) by 0.05% and as the maximum allowable level for a driver in Florida is 0.08, then unless you really think that the drink you are likely to consume is not going to exceed the limit, then you are best to stay out of your car if you intend to drink.

DUI is a serious offense in Florida and other states as well. The State’s drunk driving laws do not allow drivers to drive any type of vehicle with a blood alcohol concentration (BAC) which exceeds 0.08% or more. The 0.08% BAC limit is a standard measurement that is used throughout the country for the “impaired” driver. The limit is significantly lower for commercial vehicles at 0.04% and drops even further for those under the age of 21 to 0.02%.

The strict laws for DUI in Florida mean when you do end up drinking and driving, you are taking a risk with your freedom and your finances, which could affect your future as well. If you do get caught, you will need a DUI lawyer to assist you to handle the court process and ensure that the evidence provided is sufficient to convict you.

Penalties for DUI

When convicted for drunk driving for the first time in Florida a possible penalty could be up to 6 months in a jail. If a person who was a minor was traveling in the vehicle as well when the test took place, or if the driver’s BAC was 0.15 or more, the driver could be sent to jail for up to 9 months and be fined up to $2,000. A suspension of the driver’s license for 6 months is a penalty as well. You will be required to undertake 50 hours of community work or, as a substitute, pay $10 for each hour of community work required. Completing DUI school is a requirement as well.

If convicted a second time in Florida, a 9 month jail sentence could be imposed and a longer period, up to 12 months, if a minor was in the vehicle at the time, or if the BAC is or exceeds 0.15.

If a second conviction takes place 5 years after the first, it is mandatory for the driver to remain in jail for 10 days. 2 days has to be consecutive. The vehicle will be impounded for 30 days unless the family related to the driver has no other form of transport. A fine up to $2,000 dollars will be imposed, too. A BAC higher than 0.15 and a minor in the vehicle as well will incur a fine up to $4,000. If this has been taken within 5 years of the second offense, the drivers license will be suspended for up to 5 years. Attending DUI school is required if the court makes that decision.

A third drunk driving conviction means up to 12 months in jail, serving a minimum of 30 days and a fine up to $5,000. The vehicle will be removed for 90 days. If the BAC was more than 0.15, or a minor was traveling in the vehicle, a minimum of $4,000 will be paid as a fine and the driver license will be suspended for 10 years.

In 2010, Florida lowered penalties for repeat DUI offenders who had been caught four times. These requirements now include a 10-year driving free period with no driving allowed in that time as long as there is no manslaughter in the charge. The defendant is required to take part in alcohol treatment for six months after the return of the license.

As DUI sentences are accumulative and have such an effect on your finances and ability to move around and keep a job, you are best using an experienced DUI lawyer to assess your situation. It is possible that your charge can be reduced or even thrown out if the lawyer is able to find inconsistencies or inaccuracies n the way you were arrested or charged.

What is Florida’s Implied Consent Law?

If you have been stopped anywhere in Florida under suspicion that you have been drinking and driving, you will probably be asked to carry out some tests outside your car. The police call these sobriety tests as they are supposed to give an idea of how sober you might be. The tests include things like walking in a straight line and turning, standing on one foot and counting or reciting the alphabet. The policeman who has stopped you will probably smell your breath at the same time and may even ask you to use a field breathalyzer.

These tests can be biased, as it depends on the policeman’s personal judgment as to whether you are drunk or not. You are not forced to do these tests. You can refuse to do them, but you will probably be arrested for DUI anyway and your license will be seized immediately. You will also have to go to the nearest police station and be asked to take a test to measure your blood alcohol content or BAC.

If you have a Florida license you may remember something called “implied consent” when you got your license. In fact, these words are written in small letters on your driver license. It means that in this state you are only allowed to drive because you have agreed that you will take a blood or breath test for blood alcohol if you are arrested for drunk driving. This is why it is called “implied consent”. You have consented to take a test when asked to do so in exchange for being allowed to drive.

In fact, if you have been already arrested for DUI and taken to a police station, you still have the right to refuse to take a blood or breath test, unless you have been involved in an accident in which somebody has been seriously injured or killed. If you refuse, then you must realize that there are some serious consequences. Your license will be suspended automatically for 12 months for a first refusal. If it is the second time you have refused, then your license will be suspended for 18 months and you will be charged with a 1^st degree misdemeanor.

This could mean a big fine or jail or both. Your charge could also be added to the charge of DUI if you are convicted of that offense. Your refusal can and probably will be used as evidence against you in court, even though the police have no results of a blood test for alcohol. The prosecutor will say that your refusal is evidence that you were knowingly drunk.

Whatever you choose to do when arrested for DUI, you are best getting a good Tampa DUI lawyer to represent you, even if you have refused a BAC test. Most lawyers will generally recommend that you do not refuse to take a BAC test as the consequences of refusing can be as bad as or even worse than being DUI. Also, a good DUI lawyer knows how to tackle your DUI arrest and charge by examining every step of the arrest carefully and critically.

DUI lawyers can get you off a DUI charge or at least get the sentence minimized. You can still choose to refuse to take an alcohol test, but Florida’s implied consent laws mean you will be penalized quite severely.

How to Get a Hardship License After a DUI Charge in Tampa, Florida

A DUI charge is a serious charge in Tampa, Florida. Being convicted of DUI means that you have a lot of adjustments to make, including losing your driver’s license for a specified period. Our society is highly dependent on private transport and you may find it difficult to get to work, go shopping or visit relatives without a license. Even using public transport or being dependent on lifts can make life difficult and may even mean you are late for work and have to justify the reason.

By hiring a competent Tampa DUI lawyer you may be able to get a hardship license and continue to drive, either while you should wait to see if your lawyer can get your DUI charge thrown out or minimized, or afterwards if you are convicted of the charge. Whether you can get a hardship license and how long you can drive on it, depends on the seriousness of your charge and any prior convictions or if you refused an alcohol test when first arrested.

Your DUI lawyer will do his or her best to get you off the charge, especially if the way in which you were arrested and the possibility of irregularities in the way you were tested can be demonstrated.

Normally in Florida you will be given 10 days after the date of your arrest before a review hearing with the DMV in which you have time to hire a lawyer to represent you. Your right to seek a review will be removed if you don’t use the opportunity during this time. You will be able to drive in this 10 day period. The lawyer will set up a formal review hearing at which he or she will apply for you to have a hardship license for a further 42 days or until your trial takes place.

If you are convicted, and it is a first sentence in which nobody was injured in an accident, then normally your license will be suspended for six months. There will be an initial 30 days when you will be unable to drive at all. This is absolutely final and you won’t be able to do anything about it. After this period, you will be asked to attend another review in which your lawyer can ask for you to have a further hardship license. This may be granted if you are attending a DUI school.

If you have refused to take a breath test, whether you are convicted of DUI or not, then a similar suspension of your license will take place. The steps outlined above also apply in these circumstances, so a DUI lawyer must be hired within the first 10 days and the review may or may not waive the suspension depending on the evidence brought forward by your lawyer. If the suspension is sustained, you will have a 90 day final suspension for a first refusal and a 180 day suspension for a second refusal. During trhis time you will not be able to get a hardship license.

If the DUI charge is a second offense, your period of hard suspension will be increased, but your DUI lawyer may still be able to get you a hardship license after this period has finished. Your chances of getting a hardship license if you have injured anybody, or a fatality was involved, is highly unlikely.