Posts Tagged 'Drunks and Roadside Tests and Pill-Popping Junkies'

What do you do if you’re asked to take a breathalyzer test?

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Inquire as to whether the officer knows if a 2 pencil is required for this test.

Better answer: If you were not drinking alcohol, take the breath test. Why? If you refuse to take the breathalyzer/intoxilyzer test – and assuming the police officer had the requisite “cause” to request that you take the test, then you will suffer a “license revocation” of at least 12 months in most jurisdictions.

Also, a “refusal” to take the test in Florida, is now a separate ...

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If someone gets drunk in my home and they end up hurting someone in a wreck, am I in trouble?

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If lawyers get involved, “yes.” Lawyers always get involved today, so the answer is always “yes.” Here is why:

If someone gets drunk at your house and you gave them any alcohol – and if they then get into a car accident resulting in death or serious injuries, you will be sued. A lawyer representing the injured person or the family of the person killed, will start with your homeowner’s policy, and build from there.

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Can I be charged with DUI when all I took was my own prescription medication?

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Absolutely, and it happens all the time. If your “own prescription medication” caused you to be “impaired” or “under the influence” of that particular “controlled substance” while “operating a motor vehicle,” then yes, absolutely, you can be charged under these circumstances with DUI.

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If a police officer asks me to get out of my car and do these roadside drunk tests, do I have to do them?

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No. There is no legal requirement that you do these “roadside sobriety tests,” which they now call “field sobriety exercises” – since the Supreme Court disallowed “tests.”  You cannot be arrested for the separate offense of “refusal to obey police officer,” for exercising your legal right to refuse to perform these “tests” or “exercises.” If you are arrested, it will not be a consequence of your refusal to perform these tests; it will be for the offense of DUI –for ...

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