On behalf of The Law Office of Gustavo E. Frances, P.A.
Miami residents likely know how easy it can be to make the mistake of drinking and driving. People go out for a little fun, lose track of how much they have had to drink and end up behind bars. While this mistake can happen to anyone, it recently occurred with a Miami-Dade police officer.
According to reports, the off-duty officer was in the process of making an illegal U-turn when officers from the Florida Highway Patrol stopped him. According to the FHP trooper, the 40-year-old officer smelled of alcohol, had glassy eyes and slurred speech when he approached the vehicle. The man pleaded with the FHP officer claiming that he was able to drive and had only had two beers.
FHP troopers claimed that the man failed a field sobriety test, had trouble getting out of his car and couldn’t stand up straight while answering questions. However, the man did refuse a breath test at the scene. As a result, the man was arrested and charged with DUI.
This officer may not face serious consequences related to his arrest and to the charges. Those arrested for DUI can lose their drivers’ licenses, can have trouble at work and other immediate consequences as a result of the allegations. Furthermore, if people are found guilty of DUI, they can be sentenced to jail, large fines, community service and other penalties. These penalties can increase in certain situations — including breath test refusal.
However, there are many ways to contest a drunk driving arrest. With the right help, people can challenge police evidence including the result of any blood alcohol content level tests taken during or after the arrest. If this evidence can be excluded from court, people may see reduced or dropped charges and lesser penalties.
NBC 6, “Miami-Dade Police Officer Told Florida Highway Patrol Trooper They Needed to “Stick Together” Before DUI Arrest: FHP,” Brian Hamacher, March 4, 2014