On behalf of The Law Office of Gustavo E. Frances, P.A.
When Fort Lauderdale police stop people on suspicion of driving under the influence, the police will make several observations. They will note people’s behavior, their willingness to cooperate, and whether they have anyone traveling with them. These observations will become evidence against people if DUI charges are eventually filed.
However, police will also need evidence of people’s blood alcohol content level. These tests include a breath test or a field sobriety test. While behavioral observations can be important, these tests can be critical in giving the police the evidence they need to bring charges against a person. If Florida residents refuse to participate in these tests, they can face additional criminal charges.
Recently, a 49-year-old Florida woman was arrested after refusing to participate in any police testing during a drunk driving stop. According to police, they saw the woman driving a 2001 Lincoln Continental on a roadway. However, police allege that the woman was unable to control the car and left the road on three separate occasions. Police also claim to have seen the woman swerving in and out of her lane.
When she was pulled over, police say that the woman smelled of alcohol and had a difficult time performing basic tasks. Furthermore, they claim that the woman became combative and had a tough time standing on her own. After refusing to take a field sobriety test or a breath test, the woman was arrested. She was eventually released after paying a $1,000 bond. She was charged with failing to maintain a single lane and DUI.
When people are arrested for DUI they need to remember to cooperate with the police — within limits. People do not need to submit to police questioning without an experienced attorney present or admit to any crime. However, people cannot resort to violent behavior or additional criminal charges may follow. Furthermore, refusing DUI testing can lead to additional charges under implied consent laws.
NBC 6, “Florida Driver Named Harley-Davidson Arrested for DUI: Authorities,” Oct. 9, 2013