Holiday DUI Enforcement Around July 4 Memorial Day has passed, and summer has unofficially arrived. Like Memorial Day, July 4th is a holiday when police officers are on the hunt for drunk drivers on the road in Florida. It is important for drivers to know their rights and responsibilities when it comes to drinking alcohol and driving. Here are a few tips that will help you stay safe this 4th of July.
Don’t Talk
If an officer stops you, do not say much. Any apologies or admissions may be used against you later. Simply be polite in demeanor and let the officer know that you wish to talk with your attorney before you answer any questions.
Don’t Consent to a Search
You have rights under the
4th Amendment of the U.S. Constitution to be protected from unreasonable searches and seizures. This means that an officer must: -Have probable cause that a crime is being committed. -Have a
search warrant issued by a judge to legally force you to submit to a search of your person, vehicle or belongings. Just because you are stopped at a
sobriety checkpoint or pulled over in a traffic stop, it does not mean that the police have probable cause to
search you or your things. Even if an officer asks to do a search in a persistent manner, know that you have a right to say no.
You May Refuse the Breathalyzer, But It Could Cost Your License
Breathalyzers have many, many factors that play into whether they are a reliable source of evidence in DUI cases. Some of the factors that may make a breathalyzer inaccurate or unusable as evidence include: -Whether the driver has eaten or any food within the 20 minutes before the test -Whether the driver has Gastroesophageal Reflux Disease (GERD) -Improper calibration or maintenance of the breathalyzer equipment -Administration of the test by an unqualified individual -Improper testing setting or techniques This list is not exhaustive but provides the common reasons that a good Florida DUI attorney may be able to get breathalyzer evidence thrown out. The other important thing to remember about breathalyzers is that refusing the test could cost you your license. In Florida, if a motorist refuses to blow into a breathalyzer test, they may automatically lose their driver’s license for up to one year.
If you’ve been pulled over for
drunk driving, you should retain legal counsel immediately.
Call the experienced Florida DUI attorneys at the Khonsari Law Group today at 727-269-5300. Rohom Khonsari
Lawyer
Mr. Khonsari founded and is principal/partner of the Khonsari Law Group. With experience in both criminal and civil law, Mr. Khonsari built the law firm with the standard of doing everything possible for each and every client. With over forty jury trials, he has used his trial advocacy in successfully representing clients charged in criminal court and also those who have cases in the civil realm.
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