Holiday DUI: Avoid Too Much of the “Spirit” of the Holidays!

December 21, 2016 Blog

The holiday season is upon us! ‘Tis the season for family, friends, fun – and festivities that offer plenty of chances for indulging in alcoholic beverages. After all, who wants to turn down your aunt’s famous spiked eggnog, or your best friend’s delicious champagne punch?

The problem comes when it’s time to go home. We all know that anyone with any common sense knows better than to drive impaired. But let’s face it – when drinking, our common sense may desert us!

In the “spirit” of the holidays, the Misdemeanor Clinic offers these timely reminders about DUIs:

• Under Florida law, a .08 or more in breath alcohol or blood alcohol is above the legal limit. If you blow a .08 or higher, you will go to jail.

• Sobriety tests like walking a line heal to toe or touching your nose give evidence that will be used against you, but despite what a police officer says, it is your legal right to refuse any roadside sobriety test. However, your refusal may be used against you in court.
• Even though you are within your legal rights to refuse breath, blood, or urine tests, a police officer will tell you that your refusal will result in an administrative suspension of your driver’s license. That is misleading because in most cases a hardship license can be had. (Note: In cases of an accident with serious bodily injury or death, a driver cannot refuse to provide blood.)

• If you are stopped for suspicion of DUI, the entire transaction and drive to county jail will be videotaped. Good behavior can be helpful – stay in your car unless told otherwise, do not get defensive or sarcastic, and follow instructions. Provide your name and address, and then remain quiet and do not answer any questions.

• Once alcohol is in your system, there is only one sure-fire way to get it out: WAIT. A general rule of thumb is to wait at least one hour after a typical drink before driving. Spend the extra time with your family and friends, and enjoy the rest of the season!

If you or someone you know is a GOOD PERSON who is having a BAD DAY, we’re here to help! Please call us at (561) 425-8229 or visit our website at

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