Facts About DUI in Florida That You Should Know

Florida has interesting facts about driving under the influence (DUI). Here are some of the interesting facts:

Florida allows a driver to request an Independent Blood Draw if he submits to a breath analyzer test. If police officers acted in bad faith during the administration of the test like they do not allow you to access a telephone and a phonebook, the test results could be suppressed and the case may be even be dismissed by the Court.

One can be arrested and convicted for DUI while riding a bicycle.

Law enforcement officers can lawfully stop your car when you have a headlight out, expired tag, improperly tinted windows, and other violations. If they smell alcohol during the stop, they will probably ask you to step out of the car and perform some field sobriety tests.

Under Florida law, a driver’s license is not automatically suspended if the driver refused to complete field sobriety tests.

Law enforcement officers look for telltale signs like when the driver fumbles around with his license, vehicle registration, and car insurance information to determine if DUI is involved.

Refusal to submit to a breath test after being arrested for boating under the influence (BUI) won’t result in the suspension of driving privileges by the Department of Motor Vehicles. However, driver’s license may be suspended by the Criminal Court once the driver pleads or is found guilty of BUI.

If you submit to a breath test, the law enforcement officer who would administer the test must observe you for twenty minutes to make sure that you do not put anything in your mouth or vomit. If you vomit or regurgitate, the enforcers should not administer the test at least until twenty minutes have passed.

A driver who has a well-founded fear and belief that a life-threatening emergency situation had occurred that prompted him to drive while under the influence of drugs or alcohol could ask the Court to dismiss his case. This is a valid legal defense a driver  and his criminal defense lawyer can raise in front of the jury.

If a driver is involved in a car accident with property damage, he is obligated by the law to stay and cooperate with the accident investigation. In any event that the law enforcement officer informs the driver that he has concluded the investigation and is now working on a criminal investigation and reads the driver the Miranda Warning, any statement that the driver makes could be used against him in a criminal case.