First I must say, don’t drink and drive! But if you do find yourself in a situation where you have been pulled over for suspicion of DUI, follow this simple Florida DUI Do’s and Don’ts Checklist.
Breathe. Just relax. Often times nervous behavior is seen as an indication of impairment or just plain suspicious.
2. If you have had 2 or 3 drinks within a few hours, your breath will emanate an odor indicative of you drinking. Fix it.
3. Have the appropriate items ready for when the officer approaches the vehicle. Valid DL, registration, proof of insurance.
4. Be very respectful and don’t offer too much information.
5. The rate of absorption and extrapolation of 1 drink in the body is one hour, approximately. If you tell an officer you had two or three, tell him it was a few hours ago. Too often people say I only had two drinks without explaining when. That’s a DUI.
6. If you feel at all unsteady regardless of how long ago you imbibed, do not attempt road side sobriety test. Merely tell the officer that “I was always told by my lawyer friends not to try these tests because I will be arrested anyway.” They tell you what to do in the instructions but never tell you what not to do. Be careful unless you can follow directions to the T.
7. Breathalyzer. Do not blow if you have had more than 1 drink within the hour. Do not blow if you even remotely feel the effects of alcohol. If you feel it, you will blow over the limit of .08. If you have had absolutely nothing to drink, then feel free…blow.
Theory: An officer giving you roadsides is purely a subjective observation. He/she doesn’t know you nor have they ever seen you before. These tests are divided attention tasks to determine whether all of your normal facilities intact. For example, listening to instructions while walking heal/toe without using arms for balance. BUT, a breathalyzer test is a tested objective readout of your blood/alcohol content.
8. If you are ultimately arrested after the roadsides do not panic. You will be allowed to bond out within a few hours and if you follow the aforementioned instructions, the arresting officer will only have a shell of an arrest and nothing of real substance.
Bottom Line: Do not drink and drive. Other factors to be considered are timing, your height, weight, and overall body composition.
Note: .08 is the legal limit in Florida. .15 is considered enhanced due to the fact it is twice the legal limit. If you blow .15 or over, there will be enhanced fines and penalties.
Drive Safely friends,
J.D. Lewis IV, Esq.