Florida  |  DUI Law

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2/11/03, 12:30 pm

Legal Question


Inoperable vehicle--drank after car ran out of gas

I drove to the store to buy a 6-pack, and ran out of gas 1/4 mile from my home. I decided to drink some of the beer before walking home, sitting in my car (it was 12 a.m. and very dark.) The sheriff pulled up behind me and saw two empties beside my car. After submitting to roadside tests, he arrested me for dui. The keys were not in the ignition, but in the center console. I didn't give a viable breath sample, so it was deemed a refusal. Do I have a good defense? Thanks, June


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