Most people are familiar with the concept of driving under the influence (DUI) checkpoints. This is just one of the methods that law enforcement agencies use to try to catch drivers who are under the influence of drugs or alcohol while driving a car. They do this by setting up a transitional lockdown, often simply by placing a police car or two along a highway, with officers randomly stopping vehicles to question drivers, check driver’s licenses, assess whether the driver appears drunk, or Determine whether to detect the smell of alcohol.

Thousands of unfortunate drivers have spent the night in jail and subsequently been convicted of DUI by using these DUI roadblocks. Many times the driver can be completely sober and just have a couple of beers with friends or a glass of wine or two with dinner. However, with Florida’s standard blood alcohol content (BAC) level of 08, it doesn’t take much for someone who’s had a couple of drinks to face a DUI charge. Therefore, it is imperative to remember a couple of things if you find yourself in this situation.

Always be courteous. If you become aggressive, not only will it make the police officer nervous, but there is a widespread perception that there is a link between assault and drunkenness. They are already looking at you suspiciously, so there is no need to exacerbate the problem. In fact, you may have noticed that the cop is looking at you very closely, to the point of being a bit creepy. From the moment the police officer suspects you may have been drinking, they are watching you for signs of drunkenness.

The first of these evaluations is called horizontal gaze nystagmus. According to the National Highway Traffic Safety Administration, HGN is “an involuntary twitch of the eye that occurs naturally when the eyes look to the side. However, when a person is affected by alcohol, the nystagmus is exaggerated and it can occur at lower angles. -The disabled person also often has difficulty following a moving object without problems. ” That is why officers will often ask you to follow a pen or other object with your eyes as you slowly move it back and forth. He or she checks to see if your eyes can follow the object smoothly. There are other science-based factors used, such as the amount of deflection and the angle within 45 degrees of the center at which the jerks begin. This is something an officer can only guess in the field without scientific test equipment, however it is still considered a valid assessment by law enforcement. In addition to detecting alcohol use, this method is also used to try to determine if someone has also used any of the various prescription drugs.

Then, most likely, you will be asked to take a field sobriety test. I highly recommend that you very politely decline it. Claim illness or disease if you must, but it is NEVER in your best interest to comply with this request. This is because if you have ever tried to complete an FST, you know that it is practically impossible. In addition to the HGN test, officers perform two other near-impossible tests as part of the field sobriety test.

The first one is the walk and turn test. The suspected drunk driver is told to take several steps from heel to toe while walking in a straight line. Then you need to turn and repeat the process in the direction it came from, in the same way. Next, the officer looks for the following: the driver’s ability to follow directions; the driver proceeds before all instructions are given; the driver stops in an effort to regain his balance; inability to walk from heel to toe; need to use arms for balance; the driver cannot make a smooth transition when turning; or the driver does not take the correct number of steps, as requested by the officer.

The second of these tests is known as the Stand-One-Leg test. Unsurprisingly, the driver is told to stand with one foot raised about six inches off the ground while counting out loud. The officer allows this for 30 seconds while observing the driver so he can see if he rocks, uses his arms for balance, jumps, or places his foot on the ground to avoid falling. How many people do you know who can do this even with effort, much less with ease?

Both tests are considered divided attention tests. The idea behind them is that a disabled person will have a difficult time following directions while engaging in physical activity. I know of several people who have a hard time doing two things at once while perfectly sober, especially when those efforts are combined with the nervousness and anxiety that are sure to come from being questioned by the police. Failure to accomplish any of these actions could be due to individual problems or a combination of factors. These include attention deficit disorder, lack of balance due to physical condition, simple lack of grace, and even being overweight can make many of these things difficult or even impossible. Although law enforcement says they want drivers to miss two or more of these actions, that can easily happen because of something as seemingly insignificant as having an old basketball injury.

Sometimes during these roadblocks, K-9 police will also be present. The goal is for the K-9 to ‘alert’, thus indicating that the dog detects an illegal substance. Of course, this results in mandatory car registration, as the state of Florida has determined that when a K-9 indicates to their driver that an illegal substance is present, this establishes probable cause for registration. . That’s how it is. Unlike your home, this is all that Florida requires to allow a registration of your vehicle.

I will never advocate for drunk driving, however the system is structured so that just one drink can end up costing you your driver’s license, your job, or just a great deal of money. It is NOT illegal to drink and drive in Florida; it is illegal to be drunk and drive. Unfortunately, the system has been skewed by such arbitrary things as roadside sobriety tests, and most of the time drivers who have had just one drink are treated by law enforcement as if anyone who drinks safely she must be drunk.

Consequently, consenting to an FST or breathalyzer will almost always work against you. Rather than providing evidence to law enforcement to use against you, prepare to spend a night in jail, as this is sure to happen, and then call our office for a free consultation at 954-976-9888.