Seeing those red and blue lights in your rearview mirror is always scary, especially if you’ve had a few drinks. If you get pulled over for drunk driving in Florida there are few rules about Florida DUI tests you should be aware of to avoid harsher punishments.
When an officer pulls a driver over who they think is driving under the influence, the officer will have the driver perform at least one test. These tests are designed to gauge how intoxicated a driver is and if they should be behind the wheel or not.
First the officer will most likely ask the driver to submit to a field sobriety test. This test can be done in one of three ways: horizontal/vertical gaze nystagmus, walk and turn, or one leg stand. In the state of Florida, drivers do not have to comply with a field sobriety test.
Not taking a field sobriety test won’t stop you from getting arrested, but it might give the prosecution less evidence to convict you in court.
While refusing a field sobriety test is allowed, if you are arrested for a DUI you cannot refuse a blood, urine or blood test. These tests will measure your blood alcohol level to see if you’re over the limit.
In Florida we have a legal precedent known, as implied consent, which means you automatically consent to chemical testing if you’re arrested on suspicion of a DUI. Refusing one of these tests can earn you a one year license suspension for the first refusal. Officers may also ask you to take more than one type of test, and refusing a second test will also get your license suspended for a year.
To recap, you can refuse a field sobriety test, but you can still be arrested. If you are arrested, you cannot refuse a blood, urine or breath test. No matter what kind of test you took or refused to take, if you’ve been charged with a DUI call Bauer, Crider & Parry for legal help with Florida DUIs.
