7 Frequently Asked Questions in Florida DUI Cases
1. What do police officers look for before stopping a driver who they think might be intoxicated?
According to the National Highway Traffic Safety Administration, some of the things that police officers should look for include:
- Driving more than 10 miles below the speed limit
- Almost striking another car on the road
- Weaving within one's lane of traffic
- Erratic braking
- Driving at night with headlights off
2. What should I say if I'm stopped by an officer and he asks me if I've been drinking?
Because it is not illegal under Florida DUI law to drink and drive, it is alright to tell a police officer that you've been drinking. However, be careful not to say that you had only one or two beers if you actually drank more than that, the reason being that the breath-testing machine may later prove that you drank a lot more than just one or two beers.
3. The police didn't read me my Miranda rights when they first stopped me. Can I get my case dismissed?
If only it were that easy. The police have to give you your Miranda rights only when you are in custody and being questioned. The United States Supreme Court has also ruled that a person is not typically in custody during a routine traffic stop. Therefore, the police are not ordinarily required to give you Miranda warnings when first speaking with you.
4. Will my driver's license be suspended if I refuse to do the DUI exercises by the side of the road?
No. Refusing to do the DUI exercises is different than refusing to blow into the breath-alcohol testing machine. If you refuse to blow into the breath-alcohol testing machine, Florida law states that your license will be suspended for 1 year for a first refusal or 18 months if your license has been previously suspended for refusing to blow into such a machine.
5. Do I have the right to a blood-alcohol test in addition to a breath-alcohol test after I am arrested for DUI?
The Florida Supreme Court has ruled that a police officer must render reasonable assistance in helping an individual arrested for DUI get a blood-alcohol test if the individual requests such a test. If the officer does not do that, then the results of the breath-alcohol test should not be presented to the jury at trial.
6. What is the 20 minute rule?
According to the Florida Administrative Code, the results of breath-alcohol tests are not valid unless the arresting officer or the person administering the test can reasonably insure that the person who is asked to blow into the machine did not take anything by mouth or did not regurgitate for at least 20 minutes before blowing into the machine. If this rule is not complied with, then the results of the breath-alcohol test should not be presented to the jury at trial nor should DMV suspend the person's driver's license.
7. Do I have to go to jail if I am convicted of DUI?
According to Florida DUI law, a judge has the authority to send someone convicted of DUI to an alcohol treatment program or drug treatment program rather than to jail.
My husband just got pulled over with a dui and other traffic infracions in palm beach. He just got a fl license within a month. He had 2 dwis in ny and ny never gave him his license. Will those felonies show up in fl, and if so will he be doing more time?
Attorney Chapman's response:
1. It is very likely that the prosecutor on his Florida DUI case will find out about his New York record since prosecutors typically do a nationwide criminal-history search.
2. Plea offers tend to get worse as the number of DUI's increase.
Does an officer have to tell me that if i refuse to blow into the breath-alcohol testing machine that I will have my license suspended for 1 or 2 years?
Attorney Chapman's response:
Yes. It is actually a 1 year suspension for a first refusal and 18 months for any subsequent refusal. The website address for that particular law is:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1932.html
my brother arrested for dui and he refused breath test.He had 2 previous dui twenty five yrs ago.Officer no show up so case dismissed for this last dui. State picked the case back up and there was no court date set for the refile, but they automatically put out a bench warrant for $50K bond and not even a letter in mail for any notification. Is that legal? It seems like something that would be done in a third world country or something. Is there anything he can do? Bench warrant was NOT for no show because there was no court date set yet at the time? He was at all court dates before the refile.Also , $50K bond seems way too high? Why or what was the warrant for to begin with ? It seems to me there should be grounds for a law suit? If not , please help me understand how they can do this ? Thank you for your help.
Attorney Chapman's response:
What the State Attorney's Office should have done was contact either your brother or his lawyer in order to let him know that he had a pending court date since there was no indication that your brother was a flight risk.
I just got a letter from State of FLA,they're suspending my license as of June 06.My case was dismissed in 2008,But I enrooled but never finished the Level II,DUI course,my question is can they do that after 4 years??? (Ticket was in 2007) Isnt there a statue of limitations,after all it was their mistake not mine.
Attorney Chapman's response:
I'm not aware of a statute of limitations for this type of thing.
I was not lawfully pulled over. I did the SFST. I told him I wanted to do the breath test before he took me to jail. He took me to jail anyway. There I refused in front of the camera. He does not have a video of the SFST. the reason for pulling me over was that he "saw me spin my tire's" and that I went" 5 miles under the speed limit".
What becomes of my refual?
Attorney Chapman's response:
If the officer did not have a legal right to stop your car in the first place, then all of the evidence that he acquired following the stop, including your refusal to blow into the machine, should be suppressed (that is, thrown out of court).