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**Tellie** · 22-08-2008, 10:54

I'm with JZK on this one.
When you deal with the police on ANYTHING much less a DUI that might result in your arrest justified or not. Clam up and don't do anything your lawyer doesn't tell you to do. PERIOD.

Southern Star · 22-08-2008, 11:03

Tellie, generally sound advice with the following proviso: unlike generally refusing to provide a statement or consent to a search, in the case of breath tests there almost invariably ARE penalties for refusing and one should get legal advice before either refusing, or complying with a demand for a sample of your breath.

Brad

tyrntlzrdking · 22-08-2008, 12:56

I am also with JZK.

Brad, JZK was as everyone else should be, (in this thread) talking about Florida law. As I understand it, if you refuse a breathalyzer test when stopped driving a car, you may lose your driving license.
I doubt they would take your license away for doing so while paddeling a dinghy.

Do you believe it is a good/fair idea for the police to stop someone and test them for being drunk while in a little row boat?
I dont like it.

jzk · 22-08-2008, 13:09

http://www.leg.state.fl.us/Statutes/...215#0327.35215

**Tellie** · 22-08-2008, 14:42

Quote:

Originally Posted by Southern Star

Tellie, generally sound advice with the following proviso: unlike generally refusing to provide a statement or consent to a search, in the case of breath tests there almost invariably ARE penalties for refusing and one should get legal advice before either refusing, or complying with a demand for a sample of your breath.

Brad

There are penalties in the state of Florida for refusing to take a breath test. Mainly losing your drivers license. But it's a lot easier for a lawyer to get your license back than defend you with a positive breath test. Last I heard it would cost you about 10K for a first DUI charge. You can get around in a taxi for a lot less. Secondly getting legal advice is pretty hard to come by on the side of the road with Smokeys nose in your kisser. Thirdly I think you'd be hard pressed to find any lawyer who makes his living defending DUI clients ever ever recommending to take the field tests regardless of the consequences of refusal. Lastly the problem with all this "Don't say anything and retain an attorney" stuff is for the most part an exercise in futility because most drunks can't keep their mouths shut anyways.

jzk · 22-08-2008, 14:46

Quote:

Originally Posted by Tellie

There are penalties in the state of Florida for refusing to take a breath test. Mainly losing your drivers license.

You can lose your license for not taking the breath test when driving a car, but not a boat.

Therapy · 22-08-2008, 15:34

Quote:

Originally Posted by Tellie

There are penalties in the state of Florida for refusing to take a breath test. Mainly losing your drivers license. But it's a lot easier for a lawyer to get your license back than defend you with a positive breath test. Last I heard it would cost you about 10K for a first DUI charge. You can get around in a taxi for a lot less. Secondly getting legal advice is pretty hard to come by on the side of the road with Smokeys nose in your kisser. Thirdly I think you'd be hard pressed to find any lawyer who makes his living defending DUI clients ever ever recommending to take the field tests regardless of the consequences of refusal. Lastly the problem with all this "Don't say anything and retain an attorney" stuff is for the most part an exercise in futility because most drunks can't keep their mouths shut anyways.

I think you 'bout got it right.

Chief Engineer · 22-08-2008, 19:22

Well I think we have beat this dead horse enuf

AnchorageGuy · 22-08-2008, 19:25

I have to agree. This thread has gotten way off track.

**bstreep** · 24-08-2008, 20:59

I'll let it go... But note that the Fl statue says "probable cause". If you say nothing and do nothing, it DOES make it a bit more difficult for them to have "probable cause" - and prove it. That's why the field sobriety test stinks - everyone fails it, sober or not!

Bill Burgette · 24-08-2008, 22:31

Quote:

If you are going to arrest me, I want an attorney, and I don't want to talk to you. "

Have that written out on paper and give it to him. You have the right to remain silent. Use it!! If you are silent they can't hear you slur your words and the have no just cause. You'll probably still get in trouble but you'll look like you know your stuff.