6
Remember, it's all on video
Generally, DUI investigations, particularly the performance of FSEs are videotaped; as a result you must be mindful of everything you do and say.
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What to do if the officer reads you your constitutional rights -- do you answer?
Generally, it is better to decline to answer officer's questions and assert your right to counsel. This is especially true if answering the officer's questions means admitting to drinking alcoholic beverages or providing him with additional details such as how much you had to drink, when and where.
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Breathalyzer - to blow or not to blow?
Whether or not to submit a breathalyzer test may be the most important decision you make in the course of a DUI investigation and under Florida law, a citizen arrested for DUI does not have the right to consult with an attorney prior to making that decision. Breathalyzer results are powerful evidence. A refusal to submit to a breathalyzer test can also be used to show a consciousness of guilt; however this argument is not nearly as strong as a breathalyzer result above the legal limit. Juries often do not see a refusal as evidence of guilt; particularly if the citizen accused can articulate a reasonable basis for their refusal. For example, drivers are often confused as to what a breathalyzer entails and ask to speak to a lawyer prior to making the decision. As explained above, the law does not require this and officers are almost certain to deny such requests. This is a situation where a jury is likely to understand the refusal as something other than consciousness of guilt.
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Breathalyzer - to blow or not to blow? Wait ... there's more
Under Florida law, the Florida Department of Highway Safety and Motor Vehicles (" DHSMV") will suspend your license upon your arrest for DUI. The first 10 days after your arrest, you're allowed to drive with no restrictions; however, on the 11th day you will begin a 30 day period where you will not be allowed to drive for any purpose ("the hard suspension period"). After the 30 day hard suspension period, you will be eligible to obtain a Business Purposes License (“BPO”). If you refuse to submit to a breathalyzer however, the hard suspension period triples and you will not be eligible for a BPO for a 90 days. The significance of this is clear; while it is likely to be helpful, in defending your criminal case not to have a breathalyzer result, you should consider the practical effect of not being able to drive for 90 days and while you can request an administrative challenge of the DHMV's administrative suspension of your driver license, such challenges are seldom successful.
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Breathalyzer - to blow or not to blow? A little more ...
Effective of October 1, 2008, Florida law requires that a driver convicted of DUI, with a breathalyzer result .15 or higher, place an interlock device in their vehicle for a period of six months. This is something else that a citizen arrested for DUI should consider in deciding whether or not to submit a breathalyzer.
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