Many DUI defense attorneys will warn individuals who are stopped on suspicion of DUI against providing a field sobriety or breath test. They typically do this because it is easier for them to defend against the charge of DUI when there is not a field sobriety test or breath test looming over their client. Even though this is a common suggestion, in practice, many individuals find it very difficult. It is our right to refuse, yet some people still don't exercise this right for fear of what the arresting officer will say. Fortunately, it may get a little easier for some individuals in Florida after reading about a Sheriff Deputy's recent arrest.
A Florida deputy is now facing a DUI charge after authorities say he drove his police cruiser into another vehicle. After the collision, the deputy told authorities that he did not notice a vehicle stopped at a light. He then says he swerved to avoid the stopped vehicle when he hit another one. Witnesses told authorities that the deputy seemed to be incoherent and dazed after the collision.
During the initial crash investigation, authorities found the Sheriff's deputy to be impaired and arrested him on suspicion of DUI. Although no one was injured in the collision, the deputy was taken to the hospital, where he refused to take a sobriety test or provide a blood sample for testing.
This story goes to show that even members of law enforcement believe it is better to refuse a blood alcohol test than it is to provide a potentially incriminating result. Individuals who have been stopped on suspicion of DUI and refused to provide a BAC reading may take comfort after speaking to a DUI defense attorney. With their help, the automatic license suspension and possible DUI charge may be greatly reduced or even eliminated.
Source: FoxNews, "Florida sheriff's deputy arrested on DUI charge," March 8, 2016