Florida Woman Does Ballet During Sobriety Check
The police want you to walk in a straight line heel to toe. So doing a little ballet should prove how sober you are right? That goes above and beyond the instructions and should prove beyond a reasonable doubt that you are not too drunk to drive. Unfortunately, these sobriety tests have very little merit other than to give police probable cause to arrest someone. They can use almost any criteria they please. If you seem unbalanced while you’re performing the test, they can fail you. If you don’t follow instructions to the letter, they can fail you. If you perform ballet and Irish folk dances after they ask you to walk and turn, they can fail you. Such is the fate of one Florida woman who thought she could beat the test by outperforming the instructions.
However, she refused the breathalyzer test which means that she will be charged with refusing to submit to an alcohol test after failing the roadside sobriety tests. This is her second time refusing a test, so her license will be suspended for a long time. She has also been charged with DUI causing property damage, a second-degree felony with a potential 1-year jail sentence. She will also have to make restitution to the vehicle owner she rear-ended and pay multiple fines to the State of Florida.
Understanding the charges
If you’re caught driving a vehicle under the influence, it’s considered a second-degree misdemeanor. If you cause property damage while under the influence, it’s a first-degree misdemeanor. If you injure or kill someone, it’s a felony. In this case, the woman rear-ended the car in front of her and the police came to the scene. They reported that she was slurring her speech, her eyes were bloodshot and other signs of alcohol inebriation. While consenting to the roadside sobriety tests, the woman refused to submit a breath sample for the breathalyzer. Under consent laws in Florida, breathalyzer tests must be submitted upon request by authorities. Roadside sobriety tests, on the other hand, can be declined. In this case, the woman did the opposite of what she should have, even though the breathalyzer would have likely indicated she was under the influence, she could have spared herself a lot of time doing ballet.
The situation for the driver is not good. She will be charged with a crime and required to make restitution to the state and the other driver for causing property damage. Her insurance premiums will skyrocket and her license will be suspended for a year. She will not be able to present a defense because she declined the breathalyzer test, so she is automatically guilty of refusing the test which carries the same penalties as failing the test.
Talk to an Orlando DUI Attorney Today
FL DUI Group represents the interests of Orlando residents charged with DUI and related crimes. Call our Florida DUI defense lawyers today to schedule an appointment and we can begin preparing your case immediately.