Dui or not?

Status
Not open for further replies.
P

Pebbles

New Member
Jurisdiction
Florida
was pulled over for a tail light out in Milton by a state trooper and he swore he smelt alcohol I then preformed the field sobriety tests which apparently wasn't satisfactory so I was read my rights and brought to the jail where I was asked to do a breathalyzer and the results were o.oo but then I was told to provide a urine sample which I explained it's difficult to just pee on demand and I was given 45 minutes and water to drink but I was unable to provide the sample do due to complications from two hernia surgeries even so they charged me with a DUI and a refusal.I was able to bond out the next day and had to check in to my felony probation at which time my P.O. did a cheek swab and it was clean but of course this incident violated me.what exactly are my rights here or how do I proceed with this to possibly have charges dismissed?
 
Last edited:
Pebbles said:
what exactly are my rights here or how do I proceed with this to possibly have charges dismissed?
Click to expand...

I think you know your rights by now, mate you're on felony probation, according to your recitation above.

When it is time for you to appear in court for the DUI, plead not guilty and say nothing about this event to anyone.

You can ask the court to appoint counsel for you, unless you're well to do financially, you'll have to hire your own.
 
Pebbles said:
what exactly are my rights here or how do I proceed with this to possibly have charges dismissed?
Click to expand...

You need to consult a DUI lawyer on this. Bear in mind that driving under the influence of certain drugs is also a DUI offense, and that situation would not show up on a breath test. Whether the state has enough to convict you is another matter. One of the first things your lawyer will want to do is see the evidence that the state has to determine whether the officer had the necessary probable cause for this arrest. There is not enough information here to determine that.
 
In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.

Pebbles said:
what exactly are my rights here
Click to expand...

Creating or attempting to create a list of rights would serve no useful purpose.

Pebbles said:
how do I proceed with this to possibly have charges dismissed?
Click to expand...

You retain the services of a criminal defense attorney.
 
And tell your lawyer about any drug tests that your PO did subsequently. In fact, make sure your attorney knows you're on a felony probation, period.

Understand that there is no such thing as a legal limit, though with 0.0 they're going to have a hard time showing alcohol impairment.

The urine test refusal is serious enough even if you were stone sober. You will get a one year suspension.
 
If your clean.... You could go get a blood test done. Hair test done to show no drugs were in your system. You need to get a good lawyer. The cost of a lawyer is better than sitting in jail.
 
flyingron said:
Understand that there is no such thing as a legal limit, though with 0.0 they're going to have a hard time showing alcohol impairment.
Click to expand...

The prosecutor would be foolish to attempt to prosecute an alcohol DUI if the zero BAC result is all there is that could be used as evidence of alcohol impairment. If the prosecutor is going after this, it's more likely that the DA is working on a drug DUI instead.
 
welkin said:
Then there would be no smell of alcohol to establish probable cause for the field test.
Click to expand...

Two things. First, the fact that there was a zero BAC reading from the breath test does not mean there was not a smell of alcohol in the car. For example, if there was an open bottle of booze in the car, that could provide what the officer smelled.

Second, probable cause is the standard for arrest. The officer does not need probable cause to ask the person to do a field sobriety test (FST) and in the states I'm familiar with the motorist cannot be forced to do the test. It is voluntary and can be refused without penalty. That's why in the states I'm familiar with I tell people to refuse to do the FST. It can't hurt to say no, but certainly can hurt to do the FST, especially where the FST is what provides the probable cause for the arrest. So, unless Florida law is different than the states I'm familiar with the cop didn't need any cause to ask for the FST. Rather, it is the FST that may form a critical part of the probable cause for arrest.
 
All the cop has to do is assert the guy clenched his buttocks for a several digital rectal exams, three enemas, two x-rays, and a colonoscopy.
 
Can You Smell If Someone Drank Vodka?
According to the National Bureau of Alcohol, Tobacco, Firearms, and Explosives, vodka isn't just colorless and tasteless, but it's also odorless. As a result, you can't smell if someone is drinking or has recently drunk vodka, with a few exceptions. Because of how popular vodka has become, there are now tons of different flavors available. So, while pure, unflavored vodka doesn't have a smell or taste, vodka with flavorings added to it will have an odor.

The caveat to the idea that vodka doesn't have a smell or taste is that an excess of alcohol does. Therefore, if you drink too much vodka, there's a better chance that someone will be able to smell it on your breath. Another way that an excess of vodka is detectable is because of the other ingredients it contains, such as corn, rye, and yeast.

Why Does Vodka Not Smell On Your Breath?
The main reason that small amounts of vodka don't smell on your breath is because of how vodka is made. Vodka undergoes multiple distillations, filtering out its full flavor and odor profiles. However, the more vodka you drink, the more alcohol you're putting into your body, which means there's a higher probability that it will eventually smell on your breath.

The best way to keep the smell of vodka out of your breath is not to drink too much of it. That goes for all forms of unflavored alcoholic beverages. The drink itself and low doses of alcohol may not smell, but enough of a concentration eventually will.

Which Types Of Alcoholic Beverages Are Odorless?
Because most people like a bit of flavor with their drinks, most alcoholic beverages have ingredients that add tastes and odors. However, there are several types of beverages that are completely odorless. The first and most popular of these beverages is vodka. While it's produced to be colorless and odorless, a heavy concentration will give off a smell.

Gin is the second type of alcohol with little to no smell or taste. Gin works very similarly to vodka in that small doses won't show up on your breath. However, if you drink enough alcohol, it will be evident in your actions, your breath, and your skin.

Does Vodka Smell? 3 Cool Tricks To Get Rid Of Alcohol Smell
...
 
PayrollHRGuy said:
What the hell is that? One would think a website about alcohol would know the actual name of the organization charged with policing their past time.
Click to expand...

The site got the name right: Bureau of Alcohol, Tobacco, Firearms and Explosives. There is no descriptive name in front like national, federal, etc in the agency's name. But national is an accurate description of the reach of the BATFE's jurisdiction.
 
Last edited:
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top