May 19, 2021

DUI Traffic Stops in Florida: What You Need to Know

Driving under the influence or DUI is a severe offense against public safety in the state of Florida and all other parts of America. It can result in tragic accidents, which is why you should never drive when you’ve had one too many drinks. 

However, some people insist on breaking the law, thinking that they can get away with it. Others may have had just a few drinks, thinking that it wasn’t enough to consider themselves too drunk to drive. With all the gray areas and extenuating circumstances, charging someone with a DUI isn’t something that officers can do out of nowhere just because the driver missed a stoplight after having had a glass of wine before driving. 

To help you navigate this somewhat complex area of the law, here is what you need to know about DUI charges in Florida:

On What Grounds Are Police Officers Allowed to Stop You?

Police officers obviously won’t be able to tell if a driver is intoxicated unless they talk to them personally, but they usually are only able to do that once they stop a driver that has violated traffic laws. Going above the speed limit, switching lanes too often, and missing traffic lights are all valid reasons to pull a car over. 

What Are Your Rights at a DUI Stop?

If the police officer is suspicious that you, the driver, are intoxicated, they can ask if you are. However, you are not obliged to answer as anything you say can and will be held against you under a court of law. 

Police officers can ask you to step out of the vehicle—and you should comply. They cannot use force to pull you out, but they do have the right to charge you for not cooperating. 

Once you step out of the vehicle, they will use a breathalyzer to see if you are intoxicated. This provides a B.A.C. reading. The legal limit is under 0.08 in Florida. Anywhere over that is grounds for a DUI. However, being somewhere between 0.05 to 0.08 is a bit of a grey area. 

Some people are too drunk to drive at 0.05 level, while others can still function normally at this blood alcohol level. If you are charged with a DUI but are under the legal limit, you can contest it.  

If you aren’t found guilty of a DUI charge, you may still pay the ticket for the traffic violation. Anyone can make an honest mistake on the road, especially at night. Dealing with that charge won’t necessarily affect your public record.

Conclusion

Driving under the influence is a serious charge against someone and should not be taken lightly. Being found guilty of it can affect your public record permanently and can even take away some opportunities. 

Some people stopped by police might have driven under the influence, but charging people with a DUI or any crime must come with incontrovertible evidence, which is why you have the right to contest the charge against you.

If you find yourself in a predicament regarding the charges against you, get the best Jacksonville trial lawyer on your side to help you. The Dorsey Law Firm has been practicing criminal law for 35 years, helping hundreds of clients get the justice they deserve. Call us today.

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