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Frequently Asked Questions about DUI in Florida

Can I be stopped and arrested for DWI even if the vehicle was not moving?

In the State of Florida a suspected drunk driver can be arrested and charged even if the vehicle has not been moving and was not moving at the time of the arrest. Even if the motor vehicle is not turned on and the person arrested is not in the driver’s seat at the time of the arrest, that individual may be arrested for a DUI. This is so because in Florida law an individual does not have to be driving the car to be in actual control of the motor vehicle.

Do I have the right to talk to an attorney before I give a sample?

One can refuse to give a blood-sample before giving a blood sample. If one does this, then the next step that individual can take would be talking to an attorney. However, refusing to submit to the test can also lead to getting a license suspended. If one is unconsciousness at the time the police officer administers the test, that person have given his or her implied consent to be tested and does not possess the right to an attorney.

Do I have to give a blood or urine sample?

Like the field sobriety tests, if a driver refuses to submit to a breath, urine or blood test it is admissible as evidence in DUI criminal proceedings. The first refusal to a blood, breath or urine test will bring a suspension of a driver’s license of one year. A second or subsequent refusal, depending on the situation, will bring a suspension of 18 months. The second suspension has to be on a separate offense. Two refusals in one arrest does not count for a second refusal qualifying a defendant for an 18 month driver’s license suspension.

Do I have to submit to a field sobriety test?

A driver does not have to submit to a field sobriety test. He or she has every right to refuse the test. However, refusing to submit to a field sobriety test does not preclude the officer from bringing the driver who refused to the field sobriety test to the police station. At the driver’s hearing, the police officer is entitled to submit to the record the fact that the driver refused to submit to the field sobriety test. The driver must then explain to judge or jury why he or she refused to submit to the test.


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