In our Justice 4 All series, we answer your questions about crime, safety and the law.
Recently, local attorney Millicent Daniels joined us to explain what you need to know about DUI arrests in the wake of Tiger Woods’ South Florida crash that made headlines across the country.
Woods was charged with DUI after a Martin County Sheriff’s deputy reported Woods showed signs of impairment and had pain pills in his pocket.
At the station, he declined to submit to a urine test, which can be prosecuted under Florida law.
“Here in Florida, the state believes that driving is an actual privilege, so if you are operating a vehicle here in Florida, or if you have actual control of a vehicle here in Florida, you are implying consent to breath testing, to urine testing, to blood testing as a result of a DUI investigation,” Daniels said.
She explained that officers still need probable cause to begin that DUI investigation, which could include anything from reckless driving to signs of impairment during a traffic stop.
Woods can be charged with a misdemeanor for refusing the urine test under a new Florida law that classifies a first time refusal as a crime rather than a civil infraction, Daniels said.
“So even if you feel that you’re not necessarily impaired and you refuse to actually take a breath, urine or blood test, you could very well be now charged with a refusal just based upon the fact that you’re refusing to take the test. And, of course, that could have some significant consequences for a person’s future,” Daniels said.
She pointed out that all impairment, whether it’s from drugs or alcohol or prescription medication, is considered the same under the law.
Justice 4 All is proudly #sponsored by Daniels Law Firm, helping Florida families better understand their rights and legal options.