In Sarasota and Manatee counties, have an odor of an alcoholic beverage about your breath and person. That’s it, smell like alcohol and you may very well be going to jail! That is pretty scary considering “alcohol” is inherently odorless and it is not illegal to have a couple of drinks and then drive. The odor of an alcoholic “beverage” on someone only means, at best, that they may have consumed some sort of an alcoholic beverage at some point in the day or evening. A strong odor of alcohol DOES NOT automatically correlate to a high level of intoxication. The legal standard in Florida is that your level of intoxication must impair your NORMAL FACLUTIES. How does the stopping officer know what your normal faculties are? He doesn’t, unless you allow him to utilize the tips and tricks that he learned in the police academy. DUI enforcement is serious business and you must hire an attorney who understands this. Attorney Brandon Daniels understands the ins and outs of a Florida DUI and is a dedicated member of the National DUI College. If you ever find yourself in the frightening situation of being investigated for DUI in Florida here are some tips for you to consider.
However, if you have had a few drinks, are not under the influence, and then need to drive, this page is for you. It is my experience that the odor of an alcoholic beverage coupled with a slight falter or what the officer believes to be slurred speech typically turns a routine traffic ticket into an arrest for Driving Under the Influence. If you find yourself in the uncomfortable position of being stopped by the police after a drink or two, here are a few tips that you should follow.
Be polite and professional with the officers. I am not telling you to do everything the officer wants you to do. I am just saying don’t be rude or obnoxious when dealing with the police.
If you are arrested, immediately request that you be able to speak to your attorney Brandon Daniels at (941) 315-8DUI (8384)
Driving Patterns: Police officers are trained to watch the way you drive and note any “cues” that could indicate the driver is under the influence. The following are some of the cues that the police are trained to watch for.
Once the police decide they are going to stop you they will watch your actions very closely and everything you say is most likely audio recorded. Here are a few of the things they will be watching for:
The next phase of a typical DUI stop is called Personal Contact. Many times this is when a routine stop will turn into a DUI investigation. BY FAR the most common observation reported by the officers is “Smell of an Alcoholic Beverage about the Breath and/or Person.” Here are some more things the police will be watching you for:
Next they will get you out of the vehicle. This is very important: When getting out of your car DO NOT use the car to:
The police really watch closely for any touch, lean, stumble, stagger, sway, or trouble opening the door. I have seen it hundreds of times where if a driver has the “odor of an alcoholic beverage about their person” and then one small mistake getting out of the vehicle they will be arrested for DUI more times than not. So exit your vehicle carefully and walk to the police car carefully. Do not lean on your car or their car. Remember all your statements in the patrol car are audio and video recorded.
If you are arrested for DUI the police are required to read the State of Florida’s Implied Consent Warning. Its purpose is to advise you of your rights with regard to submitting to a Gas Chromatograph test of your breath or blood for the determination of alcohol content. If they offer you a breath test and if you agree to take it ALWAYS request your own independent BLOOD test. This must be done at your expense but it is very important that you do so. The Intoxilyzer 8000 is an unreliable way of measuring a person’s breath alcohol content. A Gas Chromatograph is the device used to measure drug or alcohol in blood and is much more reliable if conducted properly. This is one reason why requesting an independent blood test is so important. There is another really good reason that I cannot announce on this site for all to see. Ask me about it in person during a consultation and I will tell you but I do not want to broadcast it to the police officers that may be reading the material on this site.
If you make the choice to refuse to submit to the State’s test I have some advice for that as well. Do not say you don’t want to take it. Do not just stand mute. Simply tell the officer that you would really like to talk to your attorney, Brandon Daniels, before making this choice. The officer will tell you that you do not have the right to do so. Politely repeat to the officer that you don’t feel comfortable making a legal decision of this importance without first consulting with your attorney, Brandon Daniels. A lot of the judges and jurors may believe a straight refusal could be considered an admission of your guilt or that you are trying to hide your level of impairment.
I have several more tips that are very important and can easily be the difference between an arrest and conviction or even assist in helping you avoid a DUI arrest in Sarasota or Manatee Counties.