DUI Quiz – How Much do You know About DUI in Lakeland, FL?
Answer the following eight questions to see how much you know about DUI arrests in Lakeland, FL.
1. How important is it, if you are arrested for a DUI in Lakeland, FL, that you were actually the driver?
a. Very important
b. Not very important
c. Not important at all
2. It does not matter if a police officer has probable cause for stopping you.
a. True
b. False
c. Don’t Know
3. It does not matter if your Miranda rights are read to you during your DUI arrest in Lakeland, FL.
a. True
b. False
c. Don’t Know
4. The police officer does not have to warn you about the consequences of failing to take sobriety tests or breathalyzer tests.
a. True
b. False
c. Don’t Know
5. The fact that the police officer observed behavior that suggested you were “under the influence” guarantees your conviction for DUI in Lakeland, FL.
a. True
b. False
c. Don’t Know
6. The breathalyzer tests used to detect DUI are always accurate in Lakeland, FL.
a. True
b. False
c. Don’t Know
7. Blood alcohol results can be inaccurate in Lakeland, FL.
a. True
b. False
c. Don’t Know
8. Things like diabetes, weight loss programs and other medical conditions can make you look like you should be arrested for DUI.
a. True
b. False
c. Don’t Know
Now that you have answered all the questions let us see how you did.
1. How important is it, if you are arrested for a DUI in Lakeland, FL, that you were actually the driver?
The correct answer is A, very important. Here is why. In Lakeland, and everywhere else in the United States there is nothing illegal about being legally intoxicated when you are a passenger in a car. Sometimes the scene of an accident can leave it very unclear as to who the driver actually was. Unless there is strong evidence speak you were the driver, a good defense attorney will challenge whether you were in actual physical control of a motor vehicle.
2. It does not matter if a police officer has probable cause for stopping you.
False. Anywhere in the state of Florida, including Lakeland, police officers must have a legally sufficient reason for stopping you. If a police officer observed a non-driving violation, this may be an insufficient reason for stopping you.
3. It does not matter if your Miranda rights are read to you during your DUI arrest in Lakeland, FL.
The correct answer is false. Reading you your Miranda rights is a basic right to every person arrested in Florida. Lakeland is no exception. Your attorney may be able to suppress certain incriminating statements made by you if you were not properly advised of your Miranda rights
4. The police officer does not have to warn you about the consequences of failing to take sobriety tests or breathalyzer tests.
The correct answer is false. Police officers are required to warn you about the consequences of failing to take breathalyzer tests in the state of Florida. When a driver is issued a Florida Driver’s License or if an out of state driver operates a motor vehicle on a Florida roadway, you are deemed to have agreed to submit to chemical testing if requested by law enforcement. This is called Implied Consent – meaning you agree to submit to testing by the mere acts of obtaining a Florida Driver’s License or by driving on any road in Florida.
You still have the option to refuse to submit to chemical testing (breath, blood, or urine), however, the DMV will try to punish you with a 1 year suspension for a first refusal or 18 months for a second or subsequent refusal because the DMV considers you to have violated their rules. The DMV issued a driving privilege to drive and the DMV can take your privilege away for failure to abide by their rules. However, your attorney can challenge this automatic suspension but only if you retain counsel within the first ten days after your arrest.
Field sobriety exercises are strictly voluntary. The law enforcement officers certainly will not volunteer this information and will likely urge you and sometimes even improperly force and coerce you to submit. If you submit to field sobriety exercises, the law enforcement officer will surely develop sufficient probable cause to believe you are impaired, resulting in your arrest. The field sobriety exercises are subjective and are designed to make you fail or fail to perform to standards. If you refuse to submit to field sobriety exercises, the law enforcement officer will have to make this probable cause determination about your impairment without the assistance of your personal poor performance on field sobriety exercises. Please keep in mind that almost surely you will perform poorly on field sobriety exercises even if you are not impaired. However, your DUI attorney still has many available challenges to the field sobriety exercises even if you performed poorly.
5. The fact that the police officer observed behavior that suggested you were “under the influence” guarantees your conviction for DUI in Lakeland, FL.
The correct answer to this question is also false. There are many reasons why a person can appear to be under the influence when they are completely sober. The problem is a police officer is human and prone to jumping to conclusions just like the rest of us. Once an officer has reached the conclusion that you are intoxicated, it is very easy to observe the least variation in behavior as proof of what is expected.
6. The breathalyzer tests used to detect DUI are always accurate in Lakeland, FL.
This is yet another statement that is false. No breathalyzer test has ever been developed that does not have problems. Breathalyzer equipment is unable to detect the difference between alcohol and ketones which can be naturally produced by someone with diabetes or someone on a high-protein weight-loss diet. Breathalyzer equipment is also unable to tell the difference between alcohol produced in the mouth after eating bread. These are just a few reasons why DUI attorneys have continued to challenge breathalyzer test results in court.
7. Blood alcohol results can be inaccurate in Lakeland, FL.
Believe it or not the answer to this question is true. There are a number of factors that can produce inaccurate blood-alcohol readings– the use of alcohol swabs to prepare the blood draw site and failing to use preservatives and anti-coagulants alters BAC readings. Taking longer than three hours to draw the blood sample also means that the blood alcohol results can be inaccurate, because they no longer reflect the blood alcohol content at the time of arrest.
8. Things like diabetes, weight loss programs and other medical conditions can make you look like you should be arrested for DUI after a breathalyzer test.
True. Diabetics and individuals on low-carb weight loss diets, and even individuals who have acid reflux disease contest high for blood alcohol content after a breathalyzer test. Added a physical difficulty to the mix, and an arresting officer could perceive that you were indeed driving under the influence.
If you have been arrested for a DUI in Lakeland, FL, contact the DUI attorneys at Musca Law. We consider each of these questions very seriously because we know they can make a major difference for your future. We will use every angle possible to get your DUI charge dismissed, or at the least get the charges diminished. We are on your side. We are going to pursue your rights aggressively.
Schedule your free consultation with a Lakeland, FL DUI lawyer at our firm today.
