I have handicapped plates and a cane in my car at all times. Don't drink period but I'm still not doing a field sobriety test. In my declination those two facts are important to point out.
Does the implied consent in Florida apply to exercises and tests, or only to breath/blood/urine? Say a person does not drink, nor do they take any drugs. If they were to refuse the exercises but offer to take a breathalyzer (which they would obviously pass with flying colors), could/would they still Abe arrested for denying the exercises? If they were arrested for refusing exercises, were proven to be 100% sober by breath/blood/urine, and had their license suspended by the DMV, would that in anyway impact their CWL?
Do yourself a favor: don't drive drunk in Florida. Simple as that. Unless you live in the absolute sticks, EVERYONE in Florida is walking distance (or short cab) to a bar. Be safe and sane.
I just watched a video of a man out on his boat. The Coast Guard and some Florida county's Sheriff were doing a joint venture safety check. The guy went by their boat and the first thing the Sheriff deputy said was 'that guy can't be sober', so they pull him over, for a 'safety check'. They asked for life jackets, horn, whistle, fire extinguisher and the guy's license. Guess what -they use how fast you do those things as a pre-emptive field sobriety test. Event though, they asked him to field sobriety test on a moving boat bobbing up and down and he agreed to He did the tests and of course they said he failed and that his eyes were bloodshot and he smelled like alcohol. They arrested him and got him back to their office. He did a breathalyzer test and blew .000. The guy asked what the test said and the deputy would not tell him. The deputy was mad, and very quickly grabbed another test and the same thing. So then the deputy asked him to do a urine test. The guys asked if it was voluntary, the deputy said yes. Deputy quickly moves back to his truck to get a form for the guy to sign. Deputy speed reads through part of the form, hoping the guy doesn't hear the part of $500 fine if he refuses, but the guy did hear him. The guy requested a copy of the form to read over before he signed anything and saw the $500 fine, so he agreed to take the urine drug screen. Guy was taken to jail and the arrest went on his record. A few weeks later the drug screen results came in and the guy had nothing in his system. The court case against him still went on for months before the charges were finally dropped. Arrest is still on his record and he is trying to sue them for it false arrest and to get the arrest expunged. Some cops are scum.
What ended up happening? Was he able to sue their asses?! They’re doing the same thing to me. I refused all the bs test, I’m thinking of taking my case to trial.
I see a lot of videos discussing right to travel vs privilege to drive. I would like to hear your point of view. People say they win court cases because they are traveling and driving is defined by the Supreme Court as commercial. I don't know would be interesting to hear your point of view.
Can you say you refuse the field test but verbally consent to breath test? I had an officer say my eyes twitched during a day time field test when he made me look directly up... at the sun. It was completely ridiculous.
Ok, I have a question. I refuse to do FST. Get arrested and taken to the police station. Can I request an attorney right then and there before I blow? I got my first dui with a BAC of .09. And, those FST are designed for you to fail.
I’m going through this same thing right now so my question is what is it called when a officer charge you with extra charges because you followed your rights and gave them anything to use against you?
On the bottom of my Florida license it says: “Operation of a motor vehicle constitutes consent to any sobriety test required by law” So how I can legally refuse?
TechFive I have MS & can’t pass any of the physical exams. I have serious balance & endurance issues. I bob & weave like a drunk when fatigued & sometimes I get mushmouthed & slur my words. So what do I do? They aren’t gonna believe me. So I just get falsely arrested &/or lose my license? Every time I see a cop I stress out. Can’t I just offer to do a breathalyzer?
CounterSniper yes from what I've read from law articles it is always better to decline the field test because like you said even a sober person can fail it, and ask to do a breathalyzer test instead which you can do legally. Only if you refuse the breathalyzer do you get penalized. From what I've read it seems it is always better to take the breathalyzer test in FL including if you are not drunk and just want to express your rights or are indeed drunk and are trying to minimize your evidence. The reason is refusing the breathalyzer test is a requirement and brings at least a required 1 year automatic suspension, that law has no flexibility in it meaning a lawyer cannot get it reduced for you. On the otherside even if you are drunk and take the breathalyzer test a lawyer can usually if your first offense minimize your charges to a lower charge with classes, a fine, or community service. Also important to note refusing a field test also helps to ensure your embarrassing video doesn't end up on the news if you are a high profile person. And any additional questions just say "Officer I prefer to express my rights by declining to answer that question". I'm not a lawyer so just my opinion from reading articles. Hope that helps.
Thats what they want you to rely on. The courts have said you can refuse breath, blood, urine and the exercises. Think of exercises and breath test as evidence against you in a criminal case. With little to no evidence its hard to convict. Sure, you may loose your license through dmv but you can immediately receive a hardship license. Do what they say and and you provide evidence to be interpreted as innocent or guilty. No evidence or little evidence is how you win your case. You will not beat the ride in the police car but you may win the case.
I would be nice if a second officer showed up and gave a FST, breath, urine to the person and the officer that stopped that person. See who is impaired. I have a trick knee and if not careful I can miss step and it will take a bend to the left.
yes. I think a second officer taking a look is better. Unfortunately, there is overtime pay to consider and money can make an officer see things that are not there
... don't disagree to the test... instead wait out the 20 minute observation period... Then, burp so the dashcam and audio pick it up. The observation period should start again. if they don't wait the 20 minutes, its an easy case for Mr. Foley to get tossed. Its a waiting game... but never take the test.
The DUI lawyer on UA-cam recommends that you do not do the field sobriety test on the roadside. Make them take you to a certified breath analyzer (?) and do the test there. Some States allow you to be taken to a hospital for a blood alcohol content test.
As a motorist, you should know your options so that you can make your own choice. You can refuse to do exercises= guaranteed arrest. You can refuse breath test or refuse to give blood however this is after arrest. Generally, I would agree with refusal of everything but its an individual choice.
Cops and false DUI arrests are ridiculous! Driving should be a right and not a privilege! States just want $! The only thing a driver’s license should represent is that an individual has the skills to safely operate a motor vehicle. No license was required for a horse before motor vehicles. It’s a tracking tool now, not an actual document that says someone is capable of driving! 90 year olds that can’t drive still have licenses. Same with hunting or fishing licenses… When this country was founded nobody needed a license to hunt or fish! It was a means of feeding the people.
if its a privilege, why was i forced by the DMV to take classes, to obtain my license, when i stated i dont want my license? do i get my money back? or is it now a right?
You were never forced. No you cannot get your money back. No it is not a right. I encourage you to voluntarily turn in your license to the DMV and request a simple ID.
Thats kind of right and kind of wrong. Refuse a breath test first dui and no charges. Second refusal will result in additional charge. Refusal on first dui will lead to one year suspension from dmv office if breath is given and its over.08 then its 6 month suspension. Again on first dui.
Yes. You are not required to give breath or to do exercises. If you don’t give a breath sample you will be arrested and your license may be suspended by dmv. A second refusal is a crime. Without evidence it is generally harder for the state to sustain a conviction but not impossible. Loose lips sink ships. Choosing to remain silent is also a recommended. These are options. Each case is different and you should decide what is best for you. Doing exercises may dispel an officers belief that you are impaired and he decides not to arrest. Or it may confirm his beliefs and provide evidence in courtroom. Breath machine may show your not under the influence of alcohol and then you will be asked for urine sample. If both are negative your good. If either is positive they have evidence against you. Understanding both sides helps you to make your decision if you are stopped for dui
Thats all great if Miranda has been read. However In dui police are allowed to ask basic questions. Name, date of birth without miranda kicking in. Stay totally quiet and you will be arrested. The observations by police are used as testimonial evidence against you. Your statement " I dont consent to searches" does not apply to observations in a dui case.
That’s a great answer. No. Not sure how often it works because I only see those that are arrested. It’s overtime for police. Some lie and I could show you a dozen dui cases that there was nothing evident and police lied. Problem is I can’t cross examine their nose. They say they smell alcohol and eyes are blood shot or that on HGN that they see clues and arrest is legit because probable cause is so low.
there is a law that says upon changing address you have 30 days to update your license but to directly answer your question you should not talk to police and keep your mouth shut. Don't lie just don't talk.
I had a lawyer who said you should refuse to do the field sobriety test. He said at that point they're basically just gathering evidence.
agreed
I have handicapped plates and a cane in my car at all times. Don't drink period but I'm still not doing a field sobriety test. In my declination those two facts are important to point out.
And cops wonder why my generation hates them!
Does the implied consent in Florida apply to exercises and tests, or only to breath/blood/urine?
Say a person does not drink, nor do they take any drugs. If they were to refuse the exercises but offer to take a breathalyzer (which they would obviously pass with flying colors), could/would they still Abe arrested for denying the exercises?
If they were arrested for refusing exercises, were proven to be 100% sober by breath/blood/urine, and had their license suspended by the DMV, would that in anyway impact their CWL?
When asked "any physical impairments" prior to FST, ....bad back, arthritis in hips and knees.
As you know there is no need to answer questions. Never lie! Remain silent or respectfully decline to answer. You are not required to do exercises.
Do yourself a favor: don't drive drunk in Florida. Simple as that. Unless you live in the absolute sticks, EVERYONE in Florida is walking distance (or short cab) to a bar. Be safe and sane.
Unfortunately, DUIs are very lucrative for police departments and there are many many false DUI charges.
I just watched a video of a man out on his boat. The Coast Guard and some Florida county's Sheriff were doing a joint venture safety check. The guy went by their boat and the first thing the Sheriff deputy said was 'that guy can't be sober', so they pull him over, for a 'safety check'. They asked for life jackets, horn, whistle, fire extinguisher and the guy's license. Guess what -they use how fast you do those things as a pre-emptive field sobriety test. Event though, they asked him to field sobriety test on a moving boat bobbing up and down and he agreed to He did the tests and of course they said he failed and that his eyes were bloodshot and he smelled like alcohol. They arrested him and got him back to their office. He did a breathalyzer test and blew .000. The guy asked what the test said and the deputy would not tell him. The deputy was mad, and very quickly grabbed another test and the same thing. So then the deputy asked him to do a urine test. The guys asked if it was voluntary, the deputy said yes. Deputy quickly moves back to his truck to get a form for the guy to sign. Deputy speed reads through part of the form, hoping the guy doesn't hear the part of $500 fine if he refuses, but the guy did hear him. The guy requested a copy of the form to read over before he signed anything and saw the $500 fine, so he agreed to take the urine drug screen. Guy was taken to jail and the arrest went on his record. A few weeks later the drug screen results came in and the guy had nothing in his system. The court case against him still went on for months before the charges were finally dropped. Arrest is still on his record and he is trying to sue them for it false arrest and to get the arrest expunged. Some cops are scum.
What ended up happening? Was he able to sue their asses?! They’re doing the same thing to me. I refused all the bs test, I’m thinking of taking my case to trial.
I see a lot of videos discussing right to travel vs privilege to drive. I would like to hear your point of view. People say they win court cases because they are traveling and driving is defined by the Supreme Court as commercial. I don't know would be interesting to hear your point of view.
Almost sounds too good to be true huh...
Can you say you refuse the field test but verbally consent to breath test? I had an officer say my eyes twitched during a day time field test when he made me look directly up... at the sun. It was completely ridiculous.
Never agree to do field sobriety tests.
Take the breath test at the station. It is accurate. The hand held test is not.
Ok, I have a question. I refuse to do FST. Get arrested and taken to the police station. Can I request an attorney right then and there before I blow? I got my first dui with a BAC of .09. And, those FST are designed for you to fail.
No attorney will not be provide or allowed until after
Let’s assume you refuse everything and get your license suspended for one year; are there any provisional licenses that will allow you to drive.
Great question. If you license was not previous suspended at time of arrest for dui you may be eligible for a hardship license/ waiver.
I’m going through this same thing right now so my question is what is it called when a officer charge you with extra charges because you followed your rights and gave them anything to use against you?
On the bottom of my Florida license it says:
“Operation of a motor vehicle constitutes consent to any sobriety test required by law” So how I can legally refuse?
CounterSniper you can't legally refuse. That's why they take your license if you refuse
TechFive I have MS & can’t pass any of the physical exams. I have serious balance & endurance issues. I bob & weave like a drunk when fatigued & sometimes I get mushmouthed & slur my words. So what do I do? They aren’t gonna believe me. So I just get falsely arrested &/or lose my license? Every time I see a cop I stress out. Can’t I just offer to do a breathalyzer?
@@CounterSniper67 you should probably have some paperwork stating your illness. Not a medications list, a doctor note.
CounterSniper yes from what I've read from law articles it is always better to decline the field test because like you said even a sober person can fail it, and ask to do a breathalyzer test instead which you can do legally. Only if you refuse the breathalyzer do you get penalized. From what I've read it seems it is always better to take the breathalyzer test in FL including if you are not drunk and just want to express your rights or are indeed drunk and are trying to minimize your evidence. The reason is refusing the breathalyzer test is a requirement and brings at least a required 1 year automatic suspension, that law has no flexibility in it meaning a lawyer cannot get it reduced for you. On the otherside even if you are drunk and take the breathalyzer test a lawyer can usually if your first offense minimize your charges to a lower charge with classes, a fine, or community service.
Also important to note refusing a field test also helps to ensure your embarrassing video doesn't end up on the news if you are a high profile person. And any additional questions just say "Officer I prefer to express my rights by declining to answer that question".
I'm not a lawyer so just my opinion from reading articles.
Hope that helps.
Thats what they want you to rely on. The courts have said you can refuse breath, blood, urine and the exercises. Think of exercises and breath test as evidence against you in a criminal case. With little to no evidence its hard to convict. Sure, you may loose your license through dmv but you can immediately receive a hardship license. Do what they say and and you provide evidence to be interpreted as innocent or guilty. No evidence or little evidence is how you win your case. You will not beat the ride in the police car but you may win the case.
I would be nice if a second officer showed up and gave a FST, breath, urine to the person and the officer that stopped that person. See who is impaired. I have a trick knee and if not careful I can miss step and it will take a bend to the left.
yes. I think a second officer taking a look is better. Unfortunately, there is overtime pay to consider and money can make an officer see things that are not there
We have a constitutional right to travel. Anyone denying us this is not an American and can be ignored.
... don't disagree to the test... instead wait out the 20 minute observation period... Then, burp so the dashcam and audio pick it up. The observation period should start again. if they don't wait the 20 minutes, its an easy case for Mr. Foley to get tossed. Its a waiting game... but never take the test.
Thanks for input. Great point about burping belching etc. i have yet to see a reset on observation in 16 years.
The DUI lawyer on UA-cam recommends that you do not do the field sobriety test on the roadside. Make them take you to a certified breath analyzer (?) and do the test there. Some States allow you to be taken to a hospital for a blood alcohol content test.
As a motorist, you should know your options so that you can make your own choice. You can refuse to do exercises= guaranteed arrest. You can refuse breath test or refuse to give blood however this is after arrest. Generally, I would agree with refusal of everything but its an individual choice.
Can I lose my license for not doing FST on the side of the road but do a breth test at the station (and pass) in FL?
Cops and false DUI arrests are ridiculous! Driving should be a right and not a privilege! States just want $! The only thing a driver’s license should represent is that an individual has the skills to safely operate a motor vehicle. No license was required for a horse before motor vehicles. It’s a tracking tool now, not an actual document that says someone is capable of driving! 90 year olds that can’t drive still have licenses. Same with hunting or fishing licenses… When this country was founded nobody needed a license to hunt or fish! It was a means of feeding the people.
If you are found innocent (not guilty,aquital) do you still lose your license?
Yes because you refused but possibly can get hardship license.
Source: he posted it on other comments..
if its a privilege, why was i forced by the DMV to take classes, to obtain my license, when i stated i dont want my license? do i get my money back? or is it now a right?
You were never forced. No you cannot get your money back. No it is not a right. I encourage you to voluntarily turn in your license to the DMV and request a simple ID.
@ I wasn’t encouraged. They took it and I said I don’t want it back still forced me to do classes to get it back. There was never a choice
Do you check back this far for questions?
Yup?
you can refuse a breath test. but you can then be taken to jail and the penalty can be a lot worse
Thats kind of right and kind of wrong. Refuse a breath test first dui and no charges. Second refusal will result in additional charge. Refusal on first dui will lead to one year suspension from dmv office if breath is given and its over.08 then its 6 month suspension. Again on first dui.
8 years old, is this still valid?
Yes. You are not required to give breath or to do exercises. If you don’t give a breath sample you will be arrested and your license may be suspended by dmv. A second refusal is a crime. Without evidence it is generally harder for the state to sustain a conviction but not impossible. Loose lips sink ships. Choosing to remain silent is also a recommended. These are options. Each case is different and you should decide what is best for you. Doing exercises may dispel an officers belief that you are impaired and he decides not to arrest. Or it may confirm his beliefs and provide evidence in courtroom. Breath machine may show your not under the influence of alcohol and then you will be asked for urine sample. If both are negative your good. If either is positive they have evidence against you. Understanding both sides helps you to make your decision if you are stopped for dui
@@thelawofficesofrogerp.fole7886 please define a "second refusal"? Is this during the same stop, same day or weeks later?
.." I CANNOT ANSWER QUESTIONS WITHOUT MY ATTORNEY PRESENT", "i do not consent to ANY SEARCHES of my person, vessel or mannerisms".
Thats all great if Miranda has been read. However In dui police are allowed to ask basic questions. Name, date of birth without miranda kicking in. Stay totally quiet and you will be arrested. The observations by police are used as testimonial evidence against you. Your statement " I dont consent to searches" does not apply to observations in a dui case.
@@thelawofficesofrogerp.fole7886can that not be given through license and registration?
What if at the first question “Have you been drinking” you just answer “ No” ?
That’s a great answer. No. Not sure how often it works because I only see those that are arrested. It’s overtime for police. Some lie and I could show you a dozen dui cases that there was nothing evident and police lied. Problem is I can’t cross examine their nose. They say they smell alcohol and eyes are blood shot or that on HGN that they see clues and arrest is legit because probable cause is so low.
Do I have to confirm that address on license is current??
there is a law that says upon changing address you have 30 days to update your license but to directly answer your question you should not talk to police and keep your mouth shut. Don't lie just don't talk.
Tyranny at their best 😂