A 30 year-old Broward County man is accused of running a stop sign and crashing his car into a Miramar, Florida home. Witnesses allege that the driver was doing around 90 miles per hour prior to the crash.
When police arrived, they found a bottle of vodka in the accused’s car. The bottle appeared to be nearly empty.
The accused refused to submit to a breath test as well as field sobriety exercises.
The only indicia of impairment would be the observations made by the police. Police allege that the accused had bloodshot eyes, slurred speech, and had an odor of alcohol on his breath.
The accused has been charged with DUI.
This type of a DUI case is known as a “double refusal.” This is because the accused refused to submit to field sobriety exercises as well as a breath test.
In Florida, if you refuse to submit to a breath test, your driver’s license can be suspended for a year for your first offense. If you have previously had your driver’s license suspended for refusing to submit to a breath test, a second or subsequent refusal is a misdemeanor.
First DUI penalties in Florida include a mandatory conviction (adjudication), 50 community service, a $500 fine, DUI school, a six-month driver’s license suspension, and a ten-day vehicle immobilization order.
Eric Matheny is a Miami DUI attorney and Broward DUI attorney.