Debunking Common Misconceptions About DUIs in Florida
Driving under the influence is one of the most common types of criminal charges filed in Florida. Impaired driving has been the subject of many public awareness campaigns, and even school lessons. Even still, the things many people think they know about drunk driving are incorrect. If you have been charged with drunk driving, it is important to speak to our Fort Lauderdale DUI lawyer. Below, our experienced Fort Lauderdale DUI lawyer debunks some of the most common misconceptions regarding these charges.
You Must Be Drunk
While the offense is often referred to as ‘drunk driving,’ you do not have to be over the legal limit in order to be arrested for drunk driving. Instead, your normal faculties must be impaired, or limited in a significant way. The term ‘normal faculties’ usually refers to your ability to hear, see, talk, walk, make judgments, and drive a vehicle.
You Must Be Driving
Again, while the offense is known as ‘driving under the influence,’ you do not actually have to be driving to face charges. The law only states that you must be in physical control of the vehicle. So, for example, if you decide to sleep off the effects of alcohol but you were sitting in the driver’s seat at the time, you may still face charges. Recent cases have even found guilt where the individual was outside the vehicle but still had the car keys nearby.
Your Blood Alcohol Level Drops When You Stop Drinking
Many people believe that if they wait 30 to 60 minutes before getting behind the wheel, they will be safe and no longer be impaired. Whether or not this is true depends on many factors, but there are many times when it is incorrect. It usually takes between 30 minutes and 2 hours after consuming alcohol for blood alcohol levels (BALs) to peak. After it peaks, it can take hours before the body metabolizes the alcohol and brings it down to a legal or safe level.
You Can Avoid Conviction by Refusing a Breathalyzer
Breathalyzer test results are often the strongest evidence the prosecution has when trying to secure a drunk driving conviction. However, they are not the only way to prove guilt. Police officers may collect information from the scene about your actions, how much you had to drink, and other details. Refusing the breathalyzer also comes with other consequences, as it is now a criminal offense in Florida, even if its your first time. Under Florida law, if you refuse a breathalyzer or urine test, you will be charged with a second degree misdemeanor, punishable by up to 60 days in jail and 6 months of probation. Your driving privileges would also be suspended. Still, there are potentially harsh consequences for submitting to the test, as well. Your DUI lawyer can advise on whether you should submit to a chemical test.
You are Required to Take Field Sobriety Tests
At the scene, the officer may ask you to stand on one leg, follow an object with your eyes, and complete other small tasks. Unlike chemical tests, you are not required to submit to these tests and you will not face any legal consequences for refusing. Never submit to field sobriety tests, as the results can only be used against you.
Our DUI Lawyer in Fort Lauderdale Can Debunk Other Myths
If you have been charged with a DUI, it is critical that you understand the reality of the charges. At Haber Blank, our Fort Lauderdale DUI lawyer can explain the charges against you, advise you of your rights, and help you obtain a favorable outcome. Call us today at 954-767-0300 or contact us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html
