FSUnoles wrote:Somehow I see BSO pulling you out of the car, forcing you to blow and or field sobriety test and if you pass then giving you some BS on how they LET you off and how they GAVE you a break tonight for issuing you a citation for knowing your rights.
Should be interesting to see what those w a JD or an LEO has to say on this.
If a LEO does a roadside PBT (preliminary breath test) it invalidates a DUI investigation. They have to do it on the machine at the jail (or where ever they keep the machine at)
They also cannot force you to do FST's
Your best bet if you're stopped on suspicion of DUI (IMHO) is to refuse to do FST's, and refuse to blow. I know they suspend your license automatically, but there is such a thing as a hardship license, and its kinda hard to get a DUI charge to stick when you dont give them any evidence against you (NO FST's and no breath test). If you refuse to blow they will ask for blood, and if you refuse they can get a warrant, but that would be the only evidence against you, and a good lawyer can get that tossed out. Im not for people beating DUI's if they are actually drunk, but the problem is here in florida is if an officer stops you, does FST's on you, and they feel you fail, they arrest you, when the truth is you might have never had a drop to drink, or only had a minor amount of alcohol, and might just be tired instead, for example. They wont know you're not drunk persay until they actually do the breath test at the jail, but by that time you're already charged with DUI.