There are two (2) general types of alcohol related DUI charges. The first is “Impaired Driving” and the second is called “per se DUI” or “driving with an unlawful blood or breath alcohol level”. Impaired driving is defined as follows: an individual operates or is in actual physical control (APC) of a vehicle, on a roadway, while under the influence of an alcoholic beverage. Per Se DUI or Driving UBAL (driving with an unlawful blood or breath alcohol level) is defined as a driver having a blood alcohol concentration (BAC) that exceeds the state legal limit. The great State of Florida establishes the BAC of drivers in three (3) different categories (Remember that your BAC level varies depending on your height and weight):
Drink & Weight Table
The Police are not your friends and no matter if it seems like they just want to have a casual conversation with you, THEY ARE GATHERING EVIDENCE AGAINST YOU. One of the most powerful rights that bestowed upon you are the enumerated rights of the fifth (5th) amendment. You have an absolute right to REMAIN SILENT and not incriminate yourself during your arrest and booking process. Many clients get this right confused and are dismayed that the police never read them their Miranda Rights. If you have additional questions about Miranda Warnings, click here.
With the advancements in technology, you need to remember that anything you say and how you act are usually recorded on audio and video. The officer stopping you is going to ask you questions that elicit information he will try and use against you. We hand out thousands of business cards each year that aim at protecting our clients from deceitful police officers, see below:
REFUSE, REFUSE, REFUSE...Field Sobriety Tests are VOLUNTARY and as such, you have a right to decline to perform Road Side Olympics. Field Sobriety Test are the single most reason for bad DUI arrests. Officers don’t care and often times don’t even ask if you have any physical limitations, if you have had a lack of sleep or a myriad of other compounding issues that could affect the “test’ results administered by the officer.
You will be arrested….As crazy as that sounds, if an officer wants to arrest you, he will…Your performance on road side field sobriety tests or anything you tell him wont deter an officer that is set on making an arrest. In our great country officers have the right to arrest you if he or she feels they have probable cause to believe that you are committing a crime. Admission to drinking alcohol, any alcohol, will result in an officer believing in a less than safe condition. Every driver in America thinks the rule of 2 will save them. Telling officers “I only had 2 beers or 2 glasses of wine or 2 drinks is an admission you cant afford to utter. Save yourself the time and effort, hand them one of our cards and avoid the verbal judo the officer wants to trap you with. The smell of alcohol is another engrained myth officers testify to time and time again when they go to court. The truth is, ALCOHOL IS ODORLESS. The additives that are mixed with alcohol are what give off the “odor of the alcoholic beverage”. If an officer believes they smell alcohol on your “person”, they will most likely arrest even if you don’t do anything else. The less evidence you provide to the officer, the better your chances are of an experienced DUI attorney defending you against a wrongful arrest.
To read more about DUI Defense, please read our Blog or click a link below:
DUI Criminal Penalties | Standard Field Sobriety Tests | Why Fight Your DUI | Why Should I Hire a DUI Attorney | Common Mistakes in Hiring a DUI Attorney | What Does It Take to Get Arrested for DUI | Drink & Weight Table | DUI Court Program
My Most Important Tip…Please Drink Responsibly – Use a Designated Driver – Don’t Drive Drunk, but if you do…Dont Delay & Call Today.
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