Florida DUI Stop : What To Expect

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Florida DUI Stop
What to Expect
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When Can the Police Stop You?
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The police are required to have probable cause to
pull you over in your vehicle
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Probable cause means that the officer must have
a reasonable suspicion that criminal activity is,
or was, taking place
Officers often use a pretextual stop. A
pretextual stop is one in which the officer uses
a minor traffic violation to pull you over
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Officer cannot detain you for longer than it
would normally take to resolve the original
reason for the stop in a pretextual stop
To search you or your vehicle the officer needs
probable cause to believe you are driving under
the influence
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Police Questioning
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During the stop the officer will ask a series of
seemingly unimportant questions
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Eventually, the officer will ask something like
How much have you had to drink tonight?
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Lying to the police is not a good idea
Incriminating yourself is also not a good idea
When possible, deflect the question. Respond with
your own question Why do you ask officer? or
What makes you think I have been drinking
officer?
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You have the option of simply telling the officer
that you are exercising your right to remain
silent and will not be answering any additional
questions
Do not admit to drinking
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Field Sobriety Tests
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The three standardized FSTs include
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Horizontal gaze nystagmus test (HGN) the HGN
test calls for the officer to use an object such
as a pen light and move it from the center of
your field of vision to the side and then back to
the center
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The test is checking for nystagmus which is an
involuntary jerking or twitching of the eye
that increases when a test subject is intoxicated
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One-leg stand for this test you have to stand
on one leg with your arms down for a count of
thirty
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Using your arms for balance will mean failure as
will putting your foot down or out to the side
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Walk and turn to pass this test you must walk
heel to toe for nine steps and then execute a
complicated turn and walk back the same way
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Your arms must remain at your side
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Too many or too few steps means failure as does
an improper turn or swaying while you walk
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Misdemeanor DUI
Chemical Tests
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Unless drugs are suspected, you will likely be
asked to submit to a breath test
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Floridas implied consent law says that you have
already consented to the test however, you can
still refuse
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The penalty for refusing is a one year license
suspension
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Submitting to the test, however, may lead to
additional evidence against you
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