You have rights if administered DUI tests

A night on the town does not have to end with driving under the influence (DUI) tests. The easiest ways to avoid them are to have a designated driver or to not drink at all. People often drive without realizing they are impaired.

A recent National Highway Traffic Safety Administration estimated that almost 1.5 million people are arrested for DUI every year. Many of those arrests start with tests.

You have rights in DUI stops

When you are pulled over for suspicion of DUI, you have rights. Police must have probable cause to stop you.

After you are stopped, police will probably try to determine if you are under the influence you. They want to prove you are above the legal limit. If they suspect you are drunk, they will try to administer tests.

Knowing your rights and the applicable law will help you know if you should submit to testing.

They are:

Field Sobriety Tests. You do not have to submit to these tests. If you agree to perform them, the results can be used against you in court.

Florida’s Implied Consent law. If you drive a vehicle in Florida, you have already consented to blood, breath and urine tests. You are legally required to take these tests. Refusing these tests has serious consequences, including:

  • License suspension or restrictions.
  • The refusal can be used against you if you have a court trial.
  • Possible criminal charges.
  • If you have refused these tests in the past, you face more severe consequences.

You have the right to refuse field sobriety tests, but you must submit to the blood, breath and urine tests. Remember, you have the right to remain silent and to talk to an attorney.

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