With the recent legalization of marijuana in Colorado and Washington, the discussion is beginning on when this type of legislation will reach Florida. The enactment of this legislation has prompted universities in Colorado and Washington to issue bans on using, possessing, and cultivating the substance on campus; and the bans are supported by the fact that marijuana is still prohibited by federal laws.
This effect, however, begs the discussion of how marijuana legalization will impact the way states craft their own respective laws to address the potential abuse and misuse of the substance? In regard to DUI laws, it is important to know that under Florida State Statute 316.193, being under the influence pertains to both alcohol and drugs. Therefore, if you are under the influence of drugs and are in actual physical control of a vehicle, you can potentially be charged with a DUI. A common misconception is that the use of alcohol is the only factor involved in being charged and convicted of DUI.
In Florida, a blood alcohol level of .08 or more constitutes alcohol impairment beyond the legal limit. However, a police officer may still arrest you for a lower blood alcohol concentration (BAC) or if they simply suspect that your normal faculties are impaired from the use of alcohol or drugs while operating a motor vehicle.
Know that your behavior once you’re pulled over is being scrutinized immediately, especially when pulled over late in the evening or after leaving a bar. Therefore, being polite, answering questions respectfully, and not making legal arguments is in your best interest.
While it is your right to not answer any questions without a lawyer present, not doing so will certainly raise the officer’s suspicion and they will likely investigate further. It is wise to answer questions vaguely and avoid delving into specifics, including any amount of alcohol you have consumed, or that you just left a party, bar, or football game.
If the Police are suspicious, they will tell you to exit the vehicle, and you must. However, you may refuse to submit to any sobriety tests conducted. Even if you think you can pass the sobriety exercises, it is likely in your best interest to politely refuse because the officer determines whether you passed based solely on their own judgment. Know that you always have the right to contact Tampa Criminal attorney before you submit to any test.
If you are charged with DUI, it is important to seek legal counsel immediately! Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer to determine what your options are moving forward. Attorney, Michael Blickensderfer has 25 year’s legal experience and is licensed in Florida, New York and New Jersey. Blick Law Firm seeks to help the hurting and those in need. Think quick, call Blick!