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Orlando Criminal Attorney > Blog > Drunk Driving > 3 Common Misconceptions About DUIs in Florida

3 Common Misconceptions About DUIs in Florida

Being charged with a DUI is confusing sometimes. You may be worried about your future or wonder what the charge even means. You may not know that there are defenses available, or you may wonder why you were even charged with driving under the influence. It is critical to understand these charges, so you can fight them and protect your future. Below are three of the most common misconceptions about DUIs, and the truth behind them.

You Can Only be Charged with a DUI if You are Above the Legal Limit

All drivers know that the legal limit for blood alcohol concentration (BAC) in Florida, as in most states, is 0.08 percent. However, many drivers are unaware that you can face DUI charges even if you are below this legal limit. Drivers under the age of 21 for example, cannot have any detectable trace of alcohol in their system when they are behind the wheel. Additionally, drivers of any age can be charged with a DUI as long as they are under the influence of alcohol to the point that their normal faculties are impaired.

You Must Submit to All Tests

During a DUI traffic stop, the police officer may ask you to submit to many different tests. The officer may ask you to take field sobriety tests, such as the walk-and-turn or the horizontal gaze nystagmus. The officer may even tell you that you are legally obligated to take these tests. You are not. These tests are not scientific, and they are highly subjective, meaning the results will likely be used against you. Never agree to take these tests roadside.

Chemical tests, on the other hand, are required by law. Under the state’s implied consent laws, you must submit to a blood, breath, or urine test if asked by law enforcement. You can refuse these tests, but your driver’s license will be automatically suspended.

You Cannot Defend Against a DUI Charge

It is common for people to think there is no point in fighting a DUI charge. They assume that if law enforcement has charged them, they simply have to face the consequences. Sometimes, people also think there is no point in defending a DUI charge because they think it is only a traffic ticket. However, the consequences of being convicted of a DUI are very harsh and will follow you around for the rest of your life. You certainly can, and should, fight a DUI charge to protect your own future.

Our Criminal Defense Lawyers in Orlando Can Provide the Defense You Need

There are many misconceptions surrounding DUIs in Florida but at O’Mara Law Group, our Orlando criminal defense lawyers can provide the answers you need. Our skilled attorneys will devise the best defense strategy for your case, and refute the evidence the prosecution presents so you have the best chance of beating the charges. Call us today at 407-634-6604 or fill out our online form to schedule a consultation and to learn more about how we can help.




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