Bike
Week is fast approaching and we usually see an increase in traffic violations
and DUI arrests. Over the years local law enforcement have become more
aggressive with Daytona Beach Bike Week DUI arrests. If you are visiting
Daytona Beach as a tourist you are at a disadvantage. We frequently see
infractions and DUI arrest stemming from stops based on driving that can be
interpreted as impairment but in reality is just unfamiliarity with the local
roads and traffic patterns. Add sleep deprivation from travel and a Bike Week
tourist chances of being accused of impairment drastically increase.
Some
basic DUI procedures an out of state driver needs to be aware of are that
Florida is an implied consent state. A Florida driver’s consent to a breath
test is implied by obtaining a driver’s license. The bizarre twist is that
Florida also claims that an out of state driver has also consented by driving
on the roads in Florida. This does not make sense since nobody tells you that
prior to driving in Florida but that is currently the law.
If
a driver refuses a breath test or submits a breath sample above a .08% Florida
will suspend their license. Unfortunately for Florida they do not have
jurisdiction over an out of state driver’s license so they issue a Florida license
and suspended it instead. Then the suspension is submitted to the National
Driver Registry. Florida hopes that your home state will honor the Florida
suspension based on the interstate compact.
During
a DUI consider if you are likely to pass a breath test. If you have a
legitimate shot you should submit to the test. The administrative license
suspension is longer for a refusal than a breath test regardless of how high
the result is. If you decide to refuse the breath test that also has some
advantages but it is best to also refuse the field sobriety exercises. If a
driver stumbles around on video a refusal will not save them from a conviction
if the officer follows proper procedures.
If
you are arrested you should contact Daytona Beach DUI lawyer Kevin J. Pitts as
soon as possible. If action is not taken within 10 days your driver’s license
will be suspended automatically. Attorney Kevin J. Pitts focuses his practice
on DUI and Daytona Beach traffic ticket defense. Mr. Pitts is a former DUI
prosecutor and has been focusing his practice on defending driving cases since
2010. Call 386-451-5112 to set up a free consultation.
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