The Field Sobriety Tests involves the arresting officer asking the suspect to perform specific exercises so the officer can determine if the driver is physically or mentally hindered. The three exercises below make up the Standardized Field Sobriety Test (SFST).
The Walk and Turn Exercise is the one that most people recognise because it is the most common and the one most used. The officer ask the suspect to walk nine steps, heel to toe, usually along a painted road line, turn 180 degrees and walk nine steps, heel to toe back.
The Horizontal Gaze Nystagmus (HGN) is an exercise use to measure the involuntary jerking of the eye when looking to the side. When a person is intoxicated with drugs or alcohol, this involuntary jerking or nystagmus is much more noticeable. Even though this is a standardized test, it is usually not admissible in court.
The One-Leg Stand is just that. The suspect is asked by the officer to stand with one foot elevated six inches from the ground for at least 30 seconds while the officer checks for signs the suspect may be too drunk to drive like, hopping, swaying off-balance, flailing of arms.
The chemical test a suspect may be asked to perform include the breathalyzer, a blood test or a urine test. All three of these test are used to measure a person's Blood Alcohol Concentration or BAC, which works on a scale of grams of alcohol per 100 milliliters of blood. An interesting note is that residents in Florida have no choice of which test to take but are given an option of taking multiple tests.
Specific Charges and Laws
In all US states, if a driver has a BAC of 0.8% or higher he/she is considered too drunk to drive any type of motorized vehicle including cars, trucks (18 wheelers included), boats and bikes and can receive a DUI charge. Florida on the other hand has several alternate laws in regards to driving drunk.
Zero Tolerance, which means that drivers under age 21 with a BAC as little as .02% can be charged with a DUI.
Per se Intoxication says that Florida state law considers any driver whose BAC is at or above.08% is legally or per se intoxicated. In other words, no further evidence of driver impairment is needed for a charge of DUI.
Implied Consent means that by having a driver's license, the driver has consented to a chemical test to ascertain his or her BAC. In addition, refusing a chemical test can hold additional penalties and fines.
Enhanced Penalty (Aggravated) BAC means that elevated penalties will be leveled on drivers who possess a BAC of .15% or higher while driving.
Punishments and Penalties
In Florida, if convicted of DUI, you may face some of the same criminal punishments as other crimes such as jail time, community service and fines. Punishments are considered on a case-specific basis, considering BAC, repeat offenses, if minors) are in the vehicle, and other factors.
DUI School is a series of classes, which are required under Florida law to complete in order to obtain a second license; this is mandatory for all offenders including first time.
Ignition Interlock Device is a device, which has a mechanism that forces drivers to blow into a chamber before starting his or her vehicle in order to determine if the driver has consumed any alcohol; if alcohol is detected, the vehicle will not start. For second offenders, ignition interlock devices are mandatory.
Hardship or Restricted Licenses are licenses, which restrict the movements of the driver to only work, home, church, or children's school.
Get Legal Consultation
Do not let a DUI arrest ruin your life because the laws are difficult to understand. Contact a criminal attorney who will assess your case, review your options, and put you back on the road.
Mr. Davis entered private practice with a small firm and began practicing criminal defense immediately after graduation. Mr. Davis is licensed to practice law in the State of Florida and in Federal Court. Since 1999, Mr. Davis has successfully defended thousands of clients charged with drug offenses, robberies, burglaries, sexual offenses, economic crimes, and DUI's. You can find more about Jacksonville Criminal Attorney, James Davis on his website: jamesdavisdefense.com
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