All You Need To Know About Roadside Sobriety Exercises

Undergoing Sobriety Examinations

It's going to be a shock when you're driving home from the bar or a party and all of a sudden you see the flashing lights of a police car in your rear view mirror. If you know you've had one too many drinks that night, your first feelings are usually of panic, fear, and regret. But if you feel as if you've done nothing wrong, regardless whether you've had something to drink or not, then you're more confused than anything else.

In most cases when the police officer pulls you over and asks you to step out of your vehicle, there's a good chance that you may be asked to perform some exercises to dispel the officer's suspicions that you may be driving under the influence of drugs or alcohol. These tests are called Field Sobriety Exercises.

What does a Field Sobriety Exercise entail?

Standardized field sobriety exercises are at the police officer's discretion and are usually administered if they feel that there's enough physical observation evidence to suspect a DUI.

In my opinion, these tests were designed with an unfair advantage over the subject; ultimately resulting in failure in one or several areas. There are many factors aside from being intoxicated that can lead to a failed sobriety test. 

Here are a few things that can negatively affect your outcomes.

• Over-the-counter medication that can make you sleepy or groggy
• A drink or two, though under the drinking limit, can still impair your ability to pass the test to some degree
• Naturally lacking coordination and balance
• Physical disabilities, injuries experienced in the past or limited mobility of limbs
• Poor roadside conditions
• Over 60 years of age
• More than 50 pounds overweight

There are many parts to a sobriety test which can include both standardized and non-standardized testing. The entire process can last for several minutes depending on how many of the following you're asked to do.

National Highway Traffic Safety Administration standardized tests are:

• One-leg stand
• Walk-an-turn
• Horizontal Gaze Nystagmus (HGN)

Other tests may include the following non-standardized tests:

• Finger-to-nose
• Finger-count
• Reciting the alphabet (forward or backwards)
• Number counting (forward or backwards)
• Rhomberg Balance

While the tests are being administered, the police officer will be closely observing and scrutinizing your every move; looking for wobbling, swaying, falling, stumbling, flailing of the arms, slurred speech and other signs of intoxication.

What happens after you refuse a sobriety exercise?

A lot of people are under the impression that a field sobriety test is a requirement if and when a police officer asks you to perform them, but in fact it's not. If you ask an officer if the sobriety tests are "voluntarily" then an overwhelming percentage of them will have to say yes, giving you the right to politely refuse to take them. In that event, unlike breath, blood or urine tests, refusing to do a sobriety exercise will result in no penalties and will not be used against you in court.

Have Questions? Call An Experienced DUI Lawyer.

Have more questions about your DUI case? Call Attorney Jonathan Blecher, P.A. to discuss your situation during a free case evaluation. Attorney Blecher has been defending DUI cases in Miami for over three decades and has the knowledge you need on your side.

What Happens if I Refuse a Breath Test in Florida?

Any person who gets a Florida driver license consents to submit to a breath, blood or urine test if requested by an officer who has probable cause to believe that they are driving under the influence of alcohol or a controlled or chemical substance. The police officer gets to decide which test they want you to perform.

In Florida, a refusal will result in an immediate suspension of your driving privileges for one year. The DUI ticket will be a temporary license for 10 days and you will have only this same 10 day period to request an appeal of this suspension with the Department of Highway Safety and Motor Vehicles.

The state will attempt to use the refusal to submit as evidence of guilt against you at trial, but there are ways to combat this. For example, some police officers charge a "refusal" if the arrestee is unable to provide the sample, not intentionally refusing, just physically unable. The law requires that a driver submit to the test to the best of his ability.

Often police will confuse the arrestee with the reading of Miranda warnings prior to the breath test request. While an arrestee is not entitled to an attorney before submitting to a breath test, if they are advised that they have a right to not answer any questions and have a lawyer present, that creates confusion and may be grounds to suppress the evidence of refusal.

Sometimes, arrestees will initially refuse yet change their minds a short time later. Police officers will lose patience with this type of situation and will most often write it up as a "refusal". In fact, provided there was no impediment to providing the test, no unreasonable amount of time lapsed and the defendant was constantly being observed, courts have held the arrestee "cured" the refusal.

Building the Best DUI Lawyer

There's a growing, and necessary, trend for lawyers to specialize/concentrate in a niche area of law, giving clients the most effective and experienced representation for their case. Strong DUI laws and sinister law enforcement techniques require a high level of training in DUI practice.

There is a blueprint for becoming an excellent DUI lawyer. Just like anything else, it requires effort, discipline and a genuine desire to focus on that area of criminal defense practice.

The most effective DUI lawyer is someone who makes the commitment to practice almost exclusively in DUI defense. A lawyer who takes on Divorces and Real Estate Closings and Personal Injury Cases absolutely cannot be effective doing all of those things at a high level. A "Jack of all trades, Master of none" cannot provide the type of DUI defense these cases require. Even criminal lawyers who defend murders and drug cases are not the best-suited to take on a DUI case.

A plastic surgeon and a gastroenterologist are both skilled doctors, but you wouldn't ask the surgeon to perform a colonoscopy, would you?

The most effective DUI lawyer will attend seminars on DUI practice; join organizations like the National College for DUI Defense; study scientific literature; and frequently speak on DUI-related topics. That lawyer will know what evidence to gather from the prosecution, the crime labs, the DMV and from the crime scene itself. The most effective DUI lawyer will know what to look for and know where and how to get it.

The most effective DUI lawyer is someone who will charge a good fee for their work. Traffic "ticket defense teams" and volume law practices cannot, and don't, provide the level of attention needed to properly and effectively defend a DUI case. Even law firms with several lawyers ought not to hand off their client's cases to whoever is available in court that day.

For over 30 years and over 3,000 DUI and DUI-related cases, I have been defending otherwise good people charged with DUI and other serious offenses. Call my office, Jonathan Blecher, P.A., to schedule a free consultation at (305) 707-0036 or my mobile at (305) 321-3237.

I Was Given A Ticket And Released With A Date To Appear In Court. What Do I Do?

Once you are given a ticket for a traffic violation, you have two options:

1. You can pay the ticket.
2. You can look at the ticket and take note of your court date. 

If you want to fight the ticket, you need to appear in court on that date and time, without fail. In most cases, if you want to defend against a ticket, you need the help of a traffic ticket defense lawyer, as a legal professional will how to work within the system and take action to assist you to avoid consequences.

As a traffic ticket will affect the cost of insurance, and if you already have points on your license, could lead to license suspension, many people choose to fight a traffic ticket, and hire an attorney to take charge of the situation, and the court appearance.

If you pay the ticket, you are admitting guilt. If you don't pay the ticket and then don't appear in court on your court date, eventually you can expect to be picked up on a warrant, which is not only expensive, it can be very embarrassing. In order to be freed from custody, you are forced to pay the ticket, which now costs more. Your mug shot will be posted online, and if someone searches your name, that image can be pulled up. These are all very real consequences.

You have the option of defending against the ticket, and avoiding all of these problems. Get in touch with a lawyer that knows the process and will take care of all of the details if you hope to avoid conviction. This can be extremely important in a DUI charge or other serious criminal traffic offense.

Connect with Jonathan Blecher, P.A., Miami lawyer, for more information about defending against traffic tickets.

Can someone be guilty of drunk driving in if they only had one drink?

Florida law no longer uses the term "drunk driving". If a person is driving with an unlawful blood/breath alcohol level over .08% they are presumed to be impaired by alcohol, and thus being "drunk" is not an issue. Additionally, if a person is driving under the influence of alcohol or a controlled/chemical substance to the extent that their normal faculties are impaired, they too could be convicted of DUI. So, there are really two ways to be convicted of DUI in Florida.

Generally, one drink will not yield a breath test result over a .08%, unless the drink was a 20 oz. Long Island Iced Tea (5 shots of liquor). However, every person has different levels of tolerance to alcohol. In that regard, while the breath test result won't be over the legal limit, the person's normal faculties may still be "impaired" by alcohol.

If you've been arrested for DUI, then you need to call my firm for tough representation.

How Long Does It Take To Get Someone Out Of Jail In Florida?

The length of time it will take to be released from jail after an arrest will vary, based upon the type of criminal charge. Some crimes will require that bail is posted, which makes the process longer, particularly if a bail hearing is necessary. In other cases, a person may be released on his or her own recognizance, and the time spent in custody will be shorter.

Overview of the Criminal Process

The process starts with an arrest. You are then taken to the police station, booked and then placed in a holding cell. After the booking process is complete (which often takes hours), you be allowed to make a phone call. It is suggested that you get in touch with defense lawyer who can manage all the details, including finding you a bail bondsman so you can get out of jail and return home, if bail is required in your case. For more serious crimes, you could be transferred to a county jail.

It could take many hours to be released, even in the simplest cases. For example, if you are charged with DUI, and were arrested at night, you probably will not be released until the morning, and after appearing in court and being formally charged. The criminal justice system doesn't move quickly, and you have to be patient, as you may be in custody for a period of time before your release. You would be smart to get in touch with an attorney so you can get out of jail as quickly as is possible, based upon the facts in your case, and what bail amount the judge demands in your case. If too high to afford, your attorney can negotiate it lower in many cases.

Contact Jonathan Blecher, P.A. for more information about how to get out of jail in Florida.

Miami DUI Checkpoint - July 24, 2014

The City of Miami Police Department will be conducting a DUI Checkpoint tomorrow night (July 24, 2014) starting at 7:00 P.M. through 12:00 A.M. MPD will be saturating the Downtown Miami area surrounding Club Space, E11even and The Corner. 



The checkpoint will be set up at N.E. 1st Avenue and N.E. 10th Street, just west of Biscayne Boulevard and the American Airlines Arena.

Follow this LINK for more information about your rights at a DUI Checkpoint.