6) DUI To Blow or Not to Blow? ~ Michael A Haber Miami Criminal Defense DUI Lawyer

July 18, 2015 / Michael A. Haber /

Michael A. Haber, P.A. Miami Criminal Lawyer
http://www.HaberPA.com 1-888-SHARK-8-1
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Almost all DUI cases stem from some sort of innocuous non-criminal, run-of-the-mill and otherwise routine traffic stop, during the course of which the officer will allege that s/he developed reasonable suspicion to further detain you and to conduct a DUI investigation (and this almost 100% of the time stems from the officer “detecting an odor of an alcoholic beverage coming from the driver’s person”). So, if you’ve been drinking, and if you even remotely smell of booze, then expect to be in some roadside trouble.

After smelling alcohol on a driver, in most circumstances, the officer will offer the driver FST’s (field sobriety tests – or roadside examinations), which are composed of a series of abnormal tests which are allegedly designed to test one’s normal faculties. Once you “fail to perform to standards” (which almost everyone does most all the time) then you will be “offered” a breath test.

This is sometimes done roadside but more often than not it is accomplished back at the police station. In Florida before you blow (or choose to refuse) you will first be read a document called “Implied Consent”. In a nutshell the Implied Consent Law advises you of the consequences of your decision to provide a breath sample or not. If you do, and if you blow over the legal limit (.02 for minors and .08 for adults) then you will be arrested and your license will be suspended (six (6) months for a 1st and a year for a second); if you refuse then you will be arrested and your license will be suspended (a year for a first refusal and eighteen (18) months for a second, plus, a second “subsequent” refusal – meaning if you refused once previously in a separate incident and then again – constitutes it’s own independent crime which, in Florida, is punishable by up to 364 days in jail, again independent of and even if you manage to beat, the underlying DUI).

So? To blow or not to blow? That truly is the question. Sadly, there is no standard answer. There are pros and cons on both sides of the breathalyzer equation. If you blow over you’re arrested and suspended, and if you refuse then you are also going to be arrested and suspended. The most significant differences are a) if you blow then there is a quantifiable BAC (breath alcohol content) which will likely be admitted into evidence against you, b) if you refuse to blow while there will be no quantifiable BAC level the State will be permitted to argue “consciousness of guilt”, i.e. that the reason that you refused to blow was because you knew that if you had then you would have blown over the legal limit) c) the driver license suspension periods are longer for refusal and d) if you have refused previously then the second subsequent refusal law may bite you in the butt. But, not matter how much we “logic” it out here and now the decision will ultimately be yours to make, in the heat of the moment and under the worst possible conditions.

When it comes to the subject of DUI’s the best advise that you are ever going to get is this: “Be smart, get a “DD” not a DUI”!

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this webisode series. Further any and all information which is both contained in and may be construed from this webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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