What should I do if I am asked to take a field sobriety test in Tampa, Florida?

If you look at your driver’s license closely there is some language at the bottom which states by signing the ID, you are consenting to taking any sobriety test as required by law. What this means is that your privilege to operate a motor vehicle in Florida can be revoked or suspended if you fail to submit to a field sobriety test or a breathalyzer test. People often ask me whether they should take a breathalyzer test or perform field sobriety tests if asked to do so by a police officer investigating for a possible DUI. There is no perfect answer. Each case is different; however, you should not take these tests if you feel you are intoxicated. The tests are usually video recorded and a poor performance on the field sobriety tests will provide the State with a key piece of evidence against you in a DUI case. The same thing goes for breathalyzer tests. If you think your BAC, or blood-alcohol content, is over the legal limit of .08, taking the will provide the State with evidence showing that you are in fact impaired.

The drawback is that you will lose your driver’s license for failure to comply with requests to perform field sobriety tests and you will be arrested. You should contact an experienced DUI attorney as soon as possible to find out how to go about obtaining a business purpose driver’s license under these circumstances while your DUI case is ongoing.

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Ray Lopez has practiced since 1990, with prior experience as a Hillsborough County assistant State attorney and lawyer for the Tampa Police Department. He handles all criminal charges, from traffic violations and misdemeanors to serious felonies and federal drug charges. He practices in all state and federal courts of the Tampa Bay area and throughout Florida, as well as criminal appeals, juvenile court, administrative hearings, and civil forfeiture proceedings.

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