There is never a good excuse to drink and drive. Even if you’ve only had one drink, the complications it can add to your life if you’re pulled over or pulled over at a DUI checkpoint far outweighs any enjoyment you may have gotten from an alcoholic beverage. Even if your driving and demeanor are perfectly normal, it only takes one slightly distrustful police officer to put you through the proverbial hoops of a roadside sobriety test.
As I mentioned earlier, Field Sobriety Tests (FSTs) are virtually impossible for anyone to pass. Although they’re designed to test balance and coordination, you’d have to be a gymnast, someone who hasn’t been drinking, to have any hope of following the instructions the cop gave you for the FST. We have all seen these tests performed, if not from personal experience, then at least we have seen this circus show performed on television. The police officer usually begins his assessment by asking you to track some object, such as a pen, with his eyes. Then there are the other tasks, like standing on one foot or walking from heel to toe, arms at your sides. These are not activities that we do every day, so very few of us could perform them to the satisfaction of the police officer seeking to make a DUI arrest.
Once you fail the FST, as you almost certainly will, you will be required to take a breathalyzer test. I object to this for a couple of reasons. First, it compromises the driver’s civil liberties. Second, breathalyzers are not as accurate as the powers that be would like you to think they are. Unfortunately, these tests where you are likely to fail are required in the state of Florida. His Florida driver’s license comes with the implied consent that he will follow all law enforcement directives and will be arrested if he refuses to comply. Therefore, I find it absurd to recommend that you politely refuse to participate in these activities. For the FST, tell the officer that you have a knee or back injury; for the breathalyzer, tell him that you are concerned about the cleanliness of the object you suggest he put in his mouth. Keep in mind that failing these tests, as you probably will, will result in getting arrested anyway. In the case of drink driving, if you are not impaired, there is no point in giving them any evidence to use against you in court that might suggest that you are. The best thing you can do is call our office as soon as possible for advice.
There are other, somewhat wacky, suggestions floating around. A popular belief that is emerging in several states because of a video that has been released is that you should display a sign stating that you wish to remain silent, decline any search, and speak to your attorney. This is supposed to be done while holding your driver’s license and registration against your closed window with the doors locked. I do NOT advocate this. There is no legal precedent indicating whether or not this is an appropriate means of protecting your constitutional rights. Plus, with all the recent hype in the media, cops are more nervous than ever. If you show any sign of resistance when you feel you’ve issued a legal order, it may end up being yet another tragedy on the list of tragedies we’ve been seeing lately.
Another course of action that some who drink and drive may have considered is to purchase your own breathalyzer for a couple hundred dollars in an effort to ensure your blood alcohol content (BAC) is not excessive. The problem with this is obvious. Devices vary in reliability and there is no guarantee that your reading will be the same as the stopping officer’s.
Concerns about drunk driving are often valid, and generally speaking, enforcement of drunk driving laws is in the best interest of everyone who could be affected by a drunk driver. One such example is an incident that occurred in South Florida. A Miami woman was recently arraigned on charges of manslaughter, vehicular manslaughter, and DUI resulting in property damage/injury. These charges stem from a drunk driving incident that occurred several months ago.
On July 19, 2014, the young woman was arrested for driving the wrong way on I-95, resulting in a tragic head-on collision that killed a 42-year-old motorcyclist. The indiscretion of choosing to consume too much alcohol cost a man his life. In addition, her lack of judgment has also irrevocably damaged her life, due to the criminal charges that have been filed against her and the permanent disfigurement she suffered as a result of the accident.
This young woman’s BAC was more than twice the legal limit, and therefore she was indisputably drunk. If she had been stopped or stopped at a checkpoint, she would undoubtedly have been arrested and a man’s life could have been saved. As horrible as it is to be arrested for a DUI, her life would be exponentially better if she had to endure that arrest rather than live with the consequences she now faces.
It is situations like this that make enforcement of drunk driving laws a necessity. Just one incident like this has a ripple effect that impacts the lives of countless people. Unfortunately, these types of tragedies have caused police officers to view almost all drivers as possible drunk drivers, even if the driver is not drunk. Once a cop asks if you’ve been drinking and you try to be a cooperative citizen by saying, “Well, I had a glass of wine with dinner,” it pretty much ended from there. You can expect to be given the FST, and you’ll most likely go to jail: all a cop has to do is think he’s driving badly, then find out he’s had ANY amount of alcohol, and walk away.
That’s why we’re here, to help those who aren’t actually drunk, but have had to bear all the negative consequences that come with putting the lives of others at risk while driving drunk. Yes, we also represent those who very well may have been drunk as well, because our constitution entitles every citizen to a fair defense. The consequences of not defending your drunk driving charge are too great.
DUI Penalties
Hopefully, the suggestions I have made will offer you the best possible chance of having your DUI charge dismissed. Because the penalties for a DUI conviction can be so severe and come with an extensive list, the following information pertains to first-time offenders:
- The fine for a first conviction is at least $500 but not more than $1,000. If the driver’s BAC is .15 or more, or if there is a minor in the vehicle, the fine must not be less than $1,000 and not more than $2,000.
- The court requires 50 hours of mandatory community service or the additional penalty of $10 for each hour of community service.
- Possible probation for up to one year.
- Imprisonment for no more than 6 months, as long as there are no minors in the car and your BAC is less than .15. The court may order a drug or alcohol treatment program that is credited to the amount of time of the award.
- If the family of the person convicted of a DUI has more than one vehicle for transportation, the vehicle used in the DUI may be impounded or fitted with an immobilization device for up to 10 days.
- Driver’s license revocation for 180 days, but not to exceed one year.
- You must attend DUI school and request a hearing to determine whether or not the driver can receive hardship reinstatement.
- Mandatory ignition interlock device for up to 6 months if BAC is .15 or greater.
- A first-time DUI conviction causing injury or property damage will result in a first degree misdemeanor carrying a fine of not more than $1,000 or one year in prison. If serious bodily injury occurs, the driver can be convicted of a third degree felony and face a $5,000 fine and/or 5 years in prison.
These are just some of the penalties a person convicted of DUI for the first time may face. They are mandatory penalties so judges do not have discretionary power to change them. The penalties get significantly deeper, as they should be, if someone is killed as a result of drunk driving as in the aforementioned incident.
Just don’t drink and drive. The devastation that can result from drunk driving is just too great across the board. Even if you think you’re sober, if you have another way home, it’s always better to take it. Don’t forget that police cars have dash cams and there is a growing trend for police officers to wear body cameras as well. Consequently, even the slightest imbalance or a hint of slurred speech gives the policeman all the motivation he needs to arrest you. You can bet that he will present that video/audio in court as evidence of his guilt. (This is another good reason not to perform an FST – they will make almost everyone look drunk.)