QUESTION
I was in handcuffs for refusing field sob. tests. I know they are meant to fail you. But they couldn’t find the keys so let me go. Is this normal ?
Asked on Apr 26th, 2025 on Criminal Law - Florida
More details to this question:
Is it normal ? I was outside a bar but wasn’t planning on driving. I was going to get a ride but passed out in car. After refusing sobriety tests cus I know they are tricky, they handcuffed me and put me in police cruiser. They let me go though after they couldn’t find the keys. Is this all normal? I’m thankful but I also feel a little violated as I didn’t do anything that bad since I wasn’t driving.
1 ANSWER
It looks like you caught a lucky break. A DUI can only be issued to a person that is in his car, if the keys are in the ignition. There is nothing illegal about a drunk person sitting or sleeping in his car with the ignition keys, not in the ignition lock. The reason that they let you go is that they could not find the keys and therefore you would have the case, most likely thrown out on a motion to dismiss based on state law.
Answered on Apr 28th, 2025 at 5:12 AM