Myth #1: A "responsible drinker" will not get arrested for impaired driving.
The term “responsible drinker” implies that someone can consume a moderate amount of alcohol and still safely drive a car. The staggering number of alcohol-related crash fatalities, injuries and DUI arrests every year proves that “responsible drinking” is a failed concept.
Myth #2: 0.08 is the "legal
limit".
A driver can be arrested and convicted of DUI after consuming any amount of alcohol, drugs or prescribed medication. There is no reference to the term “legal limit” in the law. A DUI
charge is based upon the impairment of the driver- not the quantity of alcohol or drugs that were consumed.
limit".
A driver can be arrested and convicted of DUI after consuming any amount of alcohol, drugs or prescribed medication. There is no reference to the term “legal limit” in the law. A DUI
charge is based upon the impairment of the driver- not the quantity of alcohol or drugs that were consumed.
Myth #3: A person who refuses to participate in the field sobriety tests cannot be arrested for DUI.
A DUI arrest is based upon a variety of evidence. The driver’s actions on the raodway, odor of alcohol, bloodshot eyes, slurred speech and lack of balance are the most common types of evidence, but other issues such as the location, time of day and the driver’s behavior and physical appearance can also be factors in a DUI arrest. While a person has the right to refuse, the absence of field sobriety tests simply means that an arrest decision will be based on other evidence.
Myth #4: A person who refuses to take a breath-alcohol test cannot be convicted of a DUI offense.
A breath sample does provide police with significant evidence, but a refusal is also very powerful evidence. In some ways, a refusal could be more compelling evidence than a breath-alcohol test result.
A breath sample does provide police with significant evidence, but a refusal is also very powerful evidence. In some ways, a refusal could be more compelling evidence than a breath-alcohol test result.
Myth #5: Coffee, water, cold showers and certain foods can sober up an intoxicated person.
Time is the only way a person can get sober. A person’s liver converts the alcohol into a harmless substance before it is eliminated from the body. The liver only works at one speed- slow. Eliminating alcohol from the body is a very slow metabolic process that requires many hours.
Myth #6: Consuming one drink per hour can prevent a person from being arrested for DUI.
Alcohol can only be eliminated as fast as the liver processes it. When the liver reaches its’ maximum capability, alcohol rapidly accumulates in the blood and affects the central nervous system. A person who consumes a shot of liquor every hour for 6 hours will not be sober.
Myth #7: Beer and wine are weaker than liquor because they contain less alcohol.
12 ounces of beer, 5 ounces of wine and 1 ¼ ounces (shot) of liquor (80 proof) contain the same amount of alcohol.
Myth #8: A single mixed drink does not contain enough alcohol to cause impairment.
Mixed drinks often contain multiple shots of liquor. These drinks can be consumed quickly and easily because they are often sweetened with fruit juices that neutralize the flavor of liquor. Bars and restaurants frequently offer mixed drinks at a 2-for-1 price during happy hour.
Mixed drinks often contain multiple shots of liquor. These drinks can be consumed quickly and easily because they are often sweetened with fruit juices that neutralize the flavor of liquor. Bars and restaurants frequently offer mixed drinks at a 2-for-1 price during happy hour.
IMPORTANT FACTS ABOUT DUI LAW
DRIVING UNDER THE INFLUENCE
A person is under the influence of alcoholic beverages, any chemical substance or any controlled substance when affected to the extent that the person’s normal faculties are impaired.
Florida State Statute 316.193
A person is under the influence of alcoholic beverages, any chemical substance or any controlled substance when affected to the extent that the person’s normal faculties are impaired.
Florida State Statute 316.193
IMPLIED CONSENT
Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test.
Florida State Statute 316.1932(1)(a)1.a.
PRESUMPTION OF IMPAIRMENT
If there was at that time a blood-alcohol level or breath-alcohol level of 0.08 or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
Florida State Statute 316.1934
Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test.
Florida State Statute 316.1932(1)(a)1.a.
PRESUMPTION OF IMPAIRMENT
If there was at that time a blood-alcohol level or breath-alcohol level of 0.08 or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
Florida State Statute 316.1934
REFUSING A BREATH TEST
Failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year.
Florida State Statute 316.1932(1)(a)1.a.
Failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year.
Florida State Statute 316.1932(1)(a)1.a.
FINANCIAL IMPLICATIONS OF A DUI ARREST
These are just some of the short-term costs..
Bail ............................. $500
Fines ........................... $500
Probation ..................... $500
DUI Class ...................... $200
Driver's License Fee ......... $200
Vehicle Impound ............. $100
The costs associated with a first-time DUI arrest can exceed $5000.
HIGH-RISK DRIVER STATUS
Auto insurance companies classify a DUI offender as "High-Risk" and cancel their auto insurance policy. "High-Risk" drivers have to purchase a special type of auto insurance that costs 2 to 3 times the normal rate.
Auto insurance companies classify a DUI offender as "High-Risk" and cancel their auto insurance policy. "High-Risk" drivers have to purchase a special type of auto insurance that costs 2 to 3 times the normal rate.
FIELD SOBRIETY TESTS
DUI Investigators use field sobriety tests to determine if a person is impaired. These tests have been validated in numerous studies.
VALIDATION OF THE SFST
HORIZONTAL GAZE NYSTAGMUS (HGN) TEST
The HGN test can provide confirmation that a person has consumed alcohol or other depressants. Nystagmus is the jerking of the eye. The jerking becomes very distinct when a person in the influence of alcohol or other depressants.
HORIZONTAL GAZE NYSTAGMUS: THE SCIENCE & THE LAW
HORIZONTAL GAZE NYSTAGMUS: THE SCIENCE & THE LAW
DIVIDED ATTENTION TESTS
The walk and turn and one leg stand are divided attention tests that evaluate a person's ability to follow instructions while demonstrating physical capabilities.
NHTSA: FIELD SOBRIETY TESTING
NHTSA: FIELD SOBRIETY TESTING