Brit In Tampa

Hello to the forum. I have browsed here for a while but never joined or posted until now. I moved to Tampa from the UK 2 years ago and have never regretted it. I have a little problem about which I was hoping someone could give me advice.

Last night I joined some of my fellow workers for a few pints at the local sports bar. This group gets together often after work, although most of the time I don't join. Many of them have a few pints and then drive home. It seems to be pretty commonplace in the states.

Well, last night I was driving home and was about 1/2 mile from my condo and I noticed police lights behind me. I hadn't done anything that I could tell so I didn't understand why he was pulling me over. He said my left tyre went across the "fog line" the white line on the right side of the roadway). As soon as I started answering his questions, he said he smelled alcohol and asked if I had been drinking. I said yes but that I wasn't impaired as far as driving. He then ordered my out of the car and wanted me to perform certain tests to check for intoxication. I said okay, no problem because I assumed it would be no problem. The test he asked me to perform was difficult drinking or not. I thought I did okay on all of these. Then, he presented a portable breathalyzer which I agreed to take. After seeing the result he immediately said I was under arrest, handcuffed me and took me to the police station. There, they administered to me another breathalyzer which gave a result of .17. I wasn't sure what this meant but the chap administering the test said it was over the limit. I certainly didn't feel over the limit then or when I left my co-workers at the bar, so I think there must have been a problem with the machine or administration of the test. I had the spend all night in the lock-up until my wife could come and post $1,000 bail money. Now, I have a first court date in 2 weeks.

I guess I have several questions about how to approach this. Should I hire counsel or is this something a person can resolve on their own? Also, I have been told that if I am deemed guilty I am banned from driving for one year. Is this true or are there exceptions? This would make things difficult for me, and my wife and kids. Also, will my immigration status be affected if I am deemed guilty (I am H1B)? What are my chances if I contest the charge and contest the accuracy of the breath test machines, which I don't feel were accurate? Any information is greatly appreciated.

Hotscot

'so I think there must have been a problem with the machine or administration of the test.'

Doesn't really matter what you think. Fortunately you didn't mow down some kids on Halloween.

​Driver Sought in Halloween Hit-and-Run That Killed Three Kids

Potentially deep trouble. You better get a lawyer who's specialized in this.

Sally Redux

'I certainly didn't feel over the limit'.

Presumably no-one who drinks and drives does.

kimilseung

"....a few pints...." There's the problem.

lansbury

The Florida limit is .08, so you were well over the limit. In fact over double the limit. Most of the machines I know of self test each time they are used, so there is almost no chance it would be off by that amount. If it wasn't calibrated correctly it should be written on any print out from the machine. (The last sentence is an assumption that the machines here do the same as the ones I used in London.)

.08 is about one beer, the very simple rule over here really is don't drink and drive. Lots of people ignore that, those that get caught pay the price.

md95065

Since you are not familiar with the law in Florida it is probably worth consulting an attorney if only to make sure that you fully understand the various options that are available to you. Even if your driving license is suspended some states will allow you limited driving privileges (to and from work) after a fairly short period of full suspension - I have no idea whether or not this is possible in Florida - that's why you need to consult with an attorney.

Since your arrest is a matter of public record you can expect to be flooded with mail from attorneys offering to represent you - you may want to pick one of those or choose one for yourself.

I doubt that you will get very far attempting to contest the accuracy of the breath test. What factual basis do you have for believing that it was inaccurate?

In summary, it almost certainly isn't worth wasting your time and money on trying to avoid being convicted - instead you should concentrate on figuring out what you can do to mitigate the consequences of the conviction.

Michael

Official Website Florida Department of Highway Safety and Motor Vehicles

phodg

I'd get an attorney. No question.

penguinsix

Attorney is a must if you want to fight this. You'll get nowhere pleading 'faulty equipment' especially after you had a confession to drinking. You were double the limit so you're going to want someone with some experience in this matter, preferably from a firm that also has an immigration practice so they can advise on whether it will harm your visa. You want to make sure your criminal defense lawyer doesn't make you plea to something that will come back to haunt you. (I don't think DUI is a CIMT but you'll want some professional advise on this)

Michael

Between 0.11% and 0.20%, a person experiences over-expression, mood swings, and acts in a loud or disruptive manner. In addition, a person may suffer a decrease in reaction time and motor control along with staggering and slurred speech.

At 0.21% to 0.29%, the effects of alcohol induce stupor, loss of understanding, impaired sensations, possible loss of consciousness, and memory blackout.

Once BAC reaches at least 0.30%, a person risks experiencing severe depression, unconsciousness, and even death. Bladder function, breathing, and heart rate are all seriously impaired by this BAC level.

Alcohol Impairment | DUI Foundation

Vimto

FYI

The biggest surprise for most Americans is that they may be turned away at the Canadian border if they have any type of alcohol related offense.
•It does not matter if you are arriving as a passenger in another person’s car.
•It does not matter if you have no intention of driving in Canada at all. For example, 4 to 5 passengers a week who take the ferry to Victoria Canada for a one-day walking sightseeing trip are turned back for DUI / DWI offenses even though they do not have a car with them.
•It does not matter if your offense was classified as a misdemeanor or a felony.
•There are no exceptions for fans, guests, officials, or anyone else entering Canada for special events. Former U.S. President G.W. Bush had to get a special waiver to enter Canada because of his 1976 drunken-driving offense in Maine.

https://help.cbp.gov/app/answers/det...h-dui-offenses

Jerni

What was the section of law you were charged with on the ticket?

See Official Website Florida Department of Highway Safety and Motor Vehicles for an overview of what to expect in terms of fines/punishments. I'd definitely get an attorney.

Jerni

What to expect after getting a dui in Florida written by someone who went through the process.

Pulaski

S .08 is about two 3.5%-4% beers into a 160lb man. One problem in the US is that many beers are now commonly 6%-7%; the bar nearest Pulaski Manor serves some draft beers of 9%-10%!

Interesting I read recently that it is possible for a 160lb man to drink one British pint of 3.5%-4% beer per hour indefinitely and never hit .08. Eating also significantly moderates the rate of alcohol absorption into the blood stream.

To the OP, as others have advised, you need a lawyer without a shadow of a doubt. Assuming you're a first time offender, and otherwise an upstanding pillar of the community, there would have been a good chance you would/could have been cut some slack for a "minor" drink-driving case, but you could be in for a world of hurt for being more than twice over the limit.

Duncan Roberts

And what exactly does being over the limit feel like?