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Polk County DUI: Frequently Asked Questions

What is DUI?

DUI stands for driving under the influence. This is a criminal offense involving operating a motor vehicle while a driver is under the influence of alcohol or a controlled substance.

How can it be proven that I was “under the influence”?

To prove that you are “under the influence” of alcohol or drugs, the prosecution must show: A) you had a blood alcohol concentration at or above .08% at the time you were driving, and/or B) your physical/mental abilities were impaired due to alcohol or drug use. This is proven through the use of breath or blood testing or by having a driver perform field sobriety tests. The officer’s observations may also play a part in proving that you were driving under the influence.

Do I have to submit to breath or blood tests?

While you may refuse breath or blood tests, if after your Polk County DUI arrest you refuse to submit to chemical testing to measure your blood alcohol concentration, you will face the automatic suspension of your driver’s license. This is covered under Florida’s Implied Consent law. In receiving your Florida driver’s license you have given your consent to be tested if you are arrested for suspected DUI.

Do I have to agree to take field sobriety tests?

No. Field sobriety tests are not covered under Implied Consent laws, and you may refuse these without facing license suspension or criminal penalties for doing so. However, it is important to note that your refusal, even when polite, may cause the officer to feel more intently about making a DUI arrest.

What are some of the penalties for a Polk County DUI conviction?

There are numerous penalties that a Polk County Court may impose if you are convicted of DUI. These include imprisonment, fines, court fees, driver’s license revocation, community service, DUI school, probation, and vehicle impoundment.

Contact a DUI attorney at Finebloom & Haenel today to learn more about Polk County DUI arrests and charges.

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