Tampa police stopped Dennis P. Grogan, 58 around 2 am this morning after an officer noticed erratic driving. As the officer approached Grogan, he noted the driver had bloodshot eyes and smelled alcohol on his breath. (I have yet to find an officer who didn't report the same after every suspected DUI stop.) Unfortunately, Grogan's blood alcohol was .089. It's not clear from the report in the St. Pete Times whether Grogan consented to a breathalyzer or a field sobriety test.
As I've mentioned in previous posts, breathalyzers can be notoriously inaccurate and should be refused. Field sobriety tests are not required by law and only provide incriminating, subjective evidence of impairment to the law enforcement official whose goal it is to make an arrest.
I can't emphasize enough the importance of protecting your civil rights in any encounter with the police. It is not their job to protect your rights. You have to be proactive and know your rights and the law in any given situation like this. If you're not sure, call a criminal attorney. Good representation may save you money, the embarassment of an arrest and incarceration, and potential loss of employment.
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