The DUI Setup
After an arrest, the procedures used by the DUI enforcement officer might feel like a complete setup. This article explains the problems with the officer not explaining that the field sobriety exericses are completely voluntary. Learn more about problems with Florida's Intoxilyzer 8000 machine. Also, find out why the arrest officer never offered you an independent blood test after you submitted to a breath test.
DUI enforcement officers often sit at certain locations where traffic infractions are common, such as one way streets nearing bars where they are more likely to stop drivers that have been drinking. The DUi enforcement officers with the Tampa Police Department, for example, have published a list of the top ten locations where DUI drivers are stopped in Tampa, FL.
Attorneys for a DUI Setup in Tampa, FL
After a DUI arrest, find an experienced criminal defense attorney in Tampa, FL, to help you fight the DUI charges. We fight cases involving a breath, blood or urine test, or the refusal to submit to one of these chemical tests.
Call for a free consultation to discuss the facts of your cases, the typical penalties imposed, and ways to fight for an outright dismissal or reduction in the charges. Call 813-250-0500.
The Field Sobriety Tests are Supposed to be Voluntary
If the officer asked you to take the field sobriety exercises, the officer will NOT tell you that the exercises are completely voluntary. Once you understand the field sobriety exercises, you will see that these exercises are a setup for failure. While the officer will claim that the exercises were used to determine "impairment of your normal faculties," the exercises required you to do completely abnormal things like stand on one foot or put your finger on your nose.
If you refuse the "voluntary" field sobriety exercises, that decision can sometimes be used against you at trial. In some cases, the prosecutor will argue that your refusal to participate in the "voluntary" exercises show your “consciousness of guilt.” Officers often ask questions in a way that makes even a completely innocent person sound guilty. If you were asked to take a breath test, the officer might have told you that you had no right to talk to an attorney first.
The Breath Test on the the Mysterious Intoxilyzer 8000 Machine
The breath test can also feel like a setup since your breath disappears out the other end of the tube. In a breath test case, you have no opportunity to have the breath sample retested. The breath test affidavit is used to determine your fate. Without the proper representation, you have no way of knowing if the test was performed properly or if the reading is accurate and reliable.
Requesting the Independent Blood Test
Although you have the right to request an independent blood test after taking the breath test, the officer probably never told you about this option. Even if you knew to ask, the officer might have refused to accommodate that request. Even worse, if you refused to submit to a breath, blood or urine test, then the prosecutor will argue that the refusal means you were "conscience" of your guilt. In some cases, a person has a perfectly good reason for refusing to submit to the test that has nothing with "consciousness of guilt."
Finding a DUI Defense Lawyer in Hillsborough County, FL
While a DUI might sound like a complete setup, your criminal defense attorney can help you level the playing field. Your attorney can expose the tactics used by the arresting officer and the accuracy of the breath test reading. If you refused to submit to testing, your attorney can show all of the reasons why an innocent person might refuse the test.
Call us to find out more about important defenses that can be used in your case. Call 813-250-0500.
This article was last updated on Friday, August 18, 2017.