If Stopped For D.u.i.,Should I Do The Field Sobriety Exercises And Give A Breath Sample?

Ok, so you are out for an evening on the town, you go to a few bars and have drinks at each stop. You notice the hour is getting late and you decide it's time to go. You hop into your trusty car and off you go. You feel great! As you are driving you do not notice that a marked unit has fallen in behind you( kinda like a shark closing in on a meal). All of the sudden you notice the emergency flashers in your rear view mirror and you carefully pull the car over. The officer approaches you and asks for your driver's license and you nervously look for it in your wallet.

The officer then leans in and says "have you been drinking"?

You now have a problem! Once that officer smells the odor of the alcoholic beverage (alcohol itself is odorless)he will be on you just like the aforementioned shark! He will be watching everything you do. From the way, you retieve your driver's license, insurance sample cancellation letter card or proof of registration. If you have trouble locating them he will write that in his report ( he might write it in his report even if you don't have a problem locating these items). The officer will ask you how many drinks you had. Well, it is always better to say one or two rather than 6 or 8. He will ask you to step out of the car. When you step out don't lean against the car. If you do the officer will say you had to lean against the car for support. Even though on cross examination he will admit he never told you NOT to lean against the car. He will ask you a few more questions and then get down to it! He will ask you to perform the field sobriety exercises. In Florida the typical exercises are the HGN( where a pen is held up in front of you and you follow the pen with your eyes and the officer is watching for the onset of nystagmus( the "N" in HGN). Actually, this exercise is not admissible in Broward, Palm Beach, Martin,Okeechobee, st Lucie and Indian River counties. Another is the walk and turn, also called the walk the line . This is where the officer places you in the start position and you are required to stay in the position while he gives you instructions. If you step out he makes a note of it. You will be required to walk 9 steps out, pivot and return to the start, touching heel to toe. If you do not touch heel to toe, the officer will make a note, if you do not take the correct number of steps the officer will make a note. If you do not pivot correctly the officer will make a note. If you stop the officer will make a note. If.... oh, you understand do you.

Another exercise is the one leg stand. Where you hold one leg up and count 1001,1002, 1003, usually up to 30. The officer will tell you to start if you put your leg down the officer will make a note. If you switch legs the officer will make a note. If you hop the officer will make a note of it. Another exercise is the finger to nose. This where your legs are together, eyes closed, and you touch your fingers to your nose as the officer calls which arm for you to use. Easy, right? Wrong! If you do not move your arms exactly as demonstrated you have done the exercise wrong! If you do not touch the tip of your index finger to the tip of your nose, you have done it wrong! Of course the officer makes a note of it. Another exercise is the Rhomberg-Alphabet. This is where you say the ABCs without singing them. If you miss a letter the officer makes a note of it. If you sing it or go to fast the officer makes a note of it. All done, he will let you go right? Wrong! The officer now places you under arrest and you are transported to the breath testing unit.

During the trip to the jail the officer may attempt to engage you in a conversation. Don't be sucked in. He is not your friend! He will not let you go!. There is also the possibility that he has a dash mounted camera with audio and is recording everything. Of course, it will all be used against you. When you arrive at the station the officer will complete his paperwok and put you on camera. Again, you are being videotaped and it will be used against you. Routine booking questions, such as your name, age, address, hair and eye color, weight etc. All routine but if you stumble it presents a problem. Then he gets to the real reason he will ask for a sample of breath. If you blow and you blow over .08 you are giving powerful ammunition to the state. If you have had more than two drinks I would suggest that you not give a sample of breath.

So he asks and you refuse. The officer will then read you implied consent, which essentially says you have been arrested for D.U.I and that if you refuse to blow your license will be suspended by the DMV for 12 months and if you have a prior refusal for 18 months and if you have a prior refusal then a separate charge of "refusing to blow" may be filed by the Office of the State Attorney. I would suggest that you not blow if you have had more than 2 drinks. It is written up as a refusal and then the officer reads Miranda to you. You think Miranda is rather late. Not so according to The Florida Supreme Court. The officer does not have to read Miranda to you until after you give a breath insurance sample cancellation letter or refuse to. Oh, don't answer his questions and ask for a lawyer. As a matter of fact if you can remember to ask for a lawyer do so back when he asks for a saample of breath. No, you are not entitled to one, but it looks good on tape that you asked for one.

You will then be processed and held for 8 hours(it is statutory). If a Palm Beach County resident you will be released without posting a bond. If you are an out of county resident there will be a monetary bond required.

Bottom line here is do not drink and drive! But if you do just remember that everything you do is being observed. Maybe you wish to place your proof of insurance and registration and driver's license all together in a place that you can readily find it. Don't admit to more than 2 beers, don't perform the field sobriety exercises and do not give a sample of breath and do not answer the officers questions,other than the routine booking questions.

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