Driving or actual physical control of a vehicle while impaired by alcoholic beverages, chemicals, or controlled substances can result in various charges. These offenses vary in severity of punishment, but, except for commercial vehicle cases, require proof that the accused (1) drove or was in actual physical control of a vehicle, (2) was under the influence of an alcoholic beverage, a chemical substance listed in Fla. Stat. 877.111, or a controlled substance listed in Florida Statutes, Chapter 893; and (3) was impaired or had a blood or breath alcohol level of .08 or higher. Such conduct is unlawful even on private property. And officers have the authority to make DUI arrests on private property. David A. Demeres, Florida DUI Handbook (2009-2010 Edition).
Generally, the offense involves the operation of vehicles with motors. It may however, involve the operation of other vehicles. A DUI may be committed in or on any device used to transport or draw person or property on a highway, except for those used exclusively on stationary rails or tracks. This includes bicycles. On the other hand, the Implied Consent Law, which establishes procedures for securing and testing samples, applies only to motor vehicles or boats. Thus, one riding a bicycle while impaired may be convicted of DUI, but has not consented to provide a breath or urine sample, and does not face the consequences of refusal. David A. Demeres, Florida DUI Handbook (2009-2010 Edition).
When you are pulled over for a DUI, you will be asked by the investigating officer to submit to field sobriety tests. Those tests include the finger to nose, walk-and-turn, one-leg stand, the reciting of the alphabet backwards, horizontal gaze nystagnius test and other physical tests. YOU HAVE THE RIGHT TO REFUSE THESE TESTS! Anything you say during a DUI investigation can and likely will be used against you. Most officers are required to fill out a DUI Detection Evaluation and list the signs of impairment during a DUI investigation. If you are ever charged with a DUI you will be provided a pamphlet in the Discovery process that will go over the following items:
Initial Observations: while exiting the vehicle the Defendant: was normal, unsteady, staggering, falling, & needs help.
Initial Observations: while exiting the vehicle the Defendant: was normal, unsteady, staggering, falling, & needs help.
Walk to roadside: while walking to the roadside the Defendant: was normal, unsteady, staggering, & falling, needs held.
Conditions at the scene of your clothing: orderly, clean, torn, disarranged, bloody, & soiled.
Breath:strong odor of alcohol emitting from breath, moderate, faint, & none.
Attitude: polite, cooperative, carefree, talkative, sullen, sarcastic, cocky, insulting & profane.
Color of face: normal, flushed, & pale.
Eyes: normal, bloodshot, & watery in color.
Pupils: normal, dilated, contracted, & unequal.
Poor reaction to light: yes or no.
Speech: good, slurred, mumbled, confused.
Unusual actions: hiccoughing, belching, crying, laughing, & none.
Then the DUI Packet will discuss the conditions at the scene including: the roadway, lighting, traffic, and the area.
As you can see, every single move that you make is being evaluated and recorded by the officer investigating the DUI. THEREFORE, ANYTHING YOU SAY AND DO WILL LIKELY BE USED AGAINST YOU.
You will be evaluated and your every movement will be used against you at trial when you perform the horizontal gaze nystagnius test, walk and turn, one legged stand, and finger to nose.
There is even a portion in the packet that allows the officer to give his opinion relating to your degree of impairment: extreme, obvious, or slight.
You have the right to refuse a breath test but you are subject to the implied consent statute in the state of Florida. Basically, any person who accepts the privilege extended by the laws of this state of Florida of operating a motor vehicle within this state shall, by so operating such vehicle, be deemed to have given his or her consent to submit to an approved chemical test or physical test for the purpose of determining the alcoholic content of his or her blood or breath, and to a urinetest for the purpose of detecting the presence of chemical substances or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances.
Your refusal to submit to such a test will result in the suspension of your privilege to operate a commercial motor vehicle for a period of one year for a first refusal or permanently if your driving privilege has been previously suspended as a result of a refusal to submit to such a test. Your refusal to submit to a chemical, physical, or urine test upon the request of a law enforcement officer shall be admissible into evidence in any criminal proceeding arising out of the DUI offense.
In summary, you have the right to refuse all tests except the requirements of the implied consent law. However, you may choose to not blow but you will be subject to a mandatory drivers license suspension and the refusal could be used against you at a later proceeding. This article is written so that each and every one of you know your legal rights and how to exercise those rights. The best advise I can give you is to not drink and drive, but if you decide to, KNOW YOUR RIGHTS!
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