Usually, Florida police officers are the ones making the traffic stops. Recently, one officer got a taste of the "other side" when he was involved in an accident while off-duty. Fortunately, he knew his rights, and the story serves as a reminder to all persons accused of DUI to protect their rights during these situations.
The off-duty officer allegedly appeared to be under the influence after bumping into the rear of another vehicle. The officers that responded to the accident asked him if he had been drinking, and he admitted that earlier in the day he had, but maintained that he was not drunk. He gladly attempted to comply with a field sobriety test, but an ankle injury skewed the results.
Officers asked him to submit to a Breathalyzer test, but the man knew his rights, and decided to refuse. Rather than make him submit to a blood or urine test, he was booked into a local jail for several hours, charged with DUI, and later released. The apparent lack of evidence will make it very hard for a court to rule that the man was drunk at the time of the accident.
Certainly, being accused of DUI can turn a person into a bundle of nerves. It can be difficult for a Florida driver to decide how to prepare a proper defense, and the average individual may not know what is within his or her rights. An experienced attorney can help a client through the legal process and ensure that his or her rights are not violated. The burden of proof falls on the prosecution, and merely being accused of DUI is no reason to panic.