Life in southwest Florida is laid-back, with plenty of opportunities for sun and fun. Whether you’re a year-round resident, a snowbird down from the North or simply spending a week or two in our beautiful state, there’s much to see and do here in Punta Gorda.
But all that fun is often accompanied by an overindulgence in alcohol. When people who have imbibed too much then get behind the wheels of their vehicles, it can turn an enjoyable evening with friends into a tragic disaster.
DUIs and roadside sobriety tests
If you get stopped by the police on suspicion of driving while intoxicated, what occurs in the first few minutes after the traffic stop can have an enormous effect on your future. All drivers should be aware of their rights under the law during a police stop.
In most cases of suspected drunken driving, the officer will ask the detained driver to participate in roadside sobriety tests. Many drivers are unaware that they have the right to refuse these tests.
Why refuse to take the tests?
Firstly, they are extremely subjective. What is simple for one person to do may be completely impossible for another, regardless of their alcohol consumption. Here are some examples of the tests and why they can adversely affect your case:
- Walk and turn test – Cops will ask drivers to take a certain number of steps, then stop and turn and walk back. While that may sound easy enough, remember that you may be on a road with traffic passing at high speeds only feet from you. That can make anyone stumble or appear unsteady.
- Horizontal gaze nystagmus test – Here, the officer asks you to follow a pen or light with only your eyes. They are looking for jerky motions that indicate intoxication. But those diagnosed with certain vision problems can find this test hard to do completely sober.
- One-legged stand – This one can be the hardest of all — standing perfectly still without wobbling for 30 seconds as you count to 30. Those with balance issues, bum knees, ankles and hips won’t be able to do this satisfactorily even if the strongest drink they’ve had was water
Don’t contribute evidence against yourself. Remain polite, invoke your right to refuse the tests and ask to speak to a defense attorney before answering any more questions.
