Results tagged “breathalyzer refusal” from DUI Lawyers & Attorneys News

Police in Florida have arrested a cab driver for driving under the influence while he was transporting two passengers.

Jose Mirelez was pulled over on suspicion of DUI after police noticed him swerving and driving on the wrong side of the road. When police approached the vehicle they could smell alcohol on Mirelez's breath. He also had blood shot eyes and failed a field sobriety test.

Mirelez, who refused a breathalyzer test, was taken into police custody. He later refused to leave his holding cell.

He now faces charges for DUI and resisting an officer without violence.

Mirelez was previously arrested in 2003 and 2006, both times for driving without a license.  It is not clear whether or not those charges will affect Mirelez's new charges.

Mirelez was driving a United Taxi company cab.  The company has yet to comment over Mirelez' arrest.  His passengers were driven home by a cab driver from a different taxi company.

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After dropping his motorcycle at least three times, a man in Port Lucie, Florida was arrested on Friday for driving under the influence.  He now faces felony DUI charges.

According to the affidavit filed with the St. Lucie County Sheriff's Office, Roger Dale Syner, 51, was arrested shortly after 8 p.m.  Syner has been charged with felony DUI and refusing a breathalyzer test, a misdemeanor.  Although driving under the influence is normally a misdemeanor offense as well, Syner received felony charges because it was his 4th DUI arrest in his lifetime and his 3rd DUI arrest in the last 10 years.

Witnesses report that Syner dropped his motorcycle three times as he speed down the Crosstown Parkway. He also appeared to be sleeping while sitting up in the median. Syner later told police that he had just enough to drink.

After passing out in the back of the police cruiser, officers woke Syner up.  He said he didn't remember what had happened that night, and that he must have blacked out.

If convicted of felony DUI charges, Syner could face up to 5 years in jail, driver's license suspension for up to ten years, vehicle impoundment, and fines totaling $1,000-$5,000.

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Louisiana state Rep. Tim Burns (R-Mandeville) has proposed a new measure that would increase the penalties for those who refuse to submit to a breathalyzer test during a DWI stop.

Under the current DWI laws, refusing a breath test can result in a 180 day license suspension, while a second refusal can result in an 18-month suspension. A third refusal can result in criminal penalties.

The new law would enforce stricter penalties, with a first refusal punishable by a one-year driver's license suspension.

"In many cases, a lot of attorneys often advise their clients not to (take the breathalyzer test), and in a way, it evades the purpose and the meaning of the law," said Burns.

Louisiana lawmakers passed the bill, and have since passed it onto Governor Bobby Jindal, who is expected to sign the bill into law.

While the measure hasn't seen much resistance, there are some mixed reactions to it on the streets.  Some people think drivers who're suspected of DWI should be required to submit to a breathalyzer test, whereas others believe making breathalyzer tests mandatory is an infringement on civil rights.

Regardless of any public dissent, Burns stands by his legislation.

"You don't have a right to drive, you have a privilege that's given to you, and you have to abide by the terms of the law," said Burns.  "If you've had stuff to drink, it's real easy, if you've had something to drink, don't drive. Get somebody to drive you, or stay where you are, or plan ahead."

For more information about breath test refusal laws, click here to find a DWI attorney near you.