Melbourne DUI FAQs

Do I have to participate in “field sobriety tests,” like standing on one leg or following the pen with my eyes?

Police officers won't tell you this, but submitting to field sobriety tests is strictly voluntary. This is important to know because many studies have shown that tests do not accurately reflect whether you are intoxicated. Most field sobriety tests — like standing on one leg or touching your finger to your nose — are not things that you've probably practiced. It is normal not to be good at them, especially under pressure. Police officers often view failure of a field sobriety test as probable cause that you were drinking, often when this is not the case.

Do I have to take the breath test at the police station?

You do have the right to refuse to take a Breathalyzer test, but the consequences can be severe and it is likely that you will still be prosecuted for drunk driving. You can also face

suspension of your driver's license for a long period — longer, in fact, than you would lose it for blowing with a small amount of alcohol on your breath. Evidence of your refusal can also be used against you in court.

Questions? Get Answers from a Melbourne DUI Attorney.

If you have been accused of driving under the influence, talking with a lawyer is critical. Schedule an appointment with one of our Florida DUI attorneys by calling 386-253-7865 or completing our online contact form. We offer free, confidential and non-judgmental consultations to answer your questions and discuss the options available to you. We welcome your call.