Bare Knuckle Boxing Star, Mike Perry, Arrested on DUI Charge
Bare Knuckle FC superstar and former UFC fighter Mike Perry was arrested earlier this month in Florida on charges of driving under the influence (DUI) ahead of his return to fighting, according to the Lake County Sheriff’s Office. The 33-year-old fighter was arrested and charged on October 12 in Clermont, Florida for DUI. He was also charged with a secondary crime of refusing to sign a citation requiring a court appearance.
Perry posted a $1,500 bond after a brief detainment at the Clermont Police Department. He was scheduled to appear in court on October 30th.
According to police, officers stopped Perry as he was driving 20 mph over the speed limit. An officer questioned Perry and the fighter refused to take sobriety tests multiple times before he was eventually arrested.
Can I refuse a field sobriety test in Florida?
In Florida, implied consent means that you have to take a standard breathalyzer test, but it does not apply to field sobriety tests. So, you can refuse to take field sobriety tests without facing any direct legal penalties like you would for refusing a chemical test.
In other words, you cannot be arrested or have your license suspended for refusing to take a field sobriety test. Your refusal to take these tests cannot be argued against you in court. On the other hand, the officer can still arrest you, and require you to take a roadside breathalyzer test, which is mandatory under Florida’s Implied Consent Law. Refusing a BAC test can have serious consequences including the automatic suspension of your driver’s license for an entire year, possible jail time, and a fine of up to $1,000.
Further, the officer can still arrest you, just not for refusing to take the field sobriety test. The officer would need to show specific evidence for the arrest such as a strong smell of alcohol, slurred speech, or observed traffic violations. In this case, the defendant was going 20 mph over the speed limit at the time of the arrest which led to him being pulled over.
The highly subjective nature of field sobriety tests
Field sobriety tests depend entirely on the officer’s observations related to your conduct while taking the test. It is generally in your best interests to politely decline field sobriety tests as all they do is give an officer probable cause to arrest you. The likelihood that you will pass these tests, even if you are sober, is low. Your best bet is to avoid them altogether. If you are genuinely not intoxicated or not very intoxicated, you can ask to take a roadside breathalyzer test. There’s still a chance that you won’t blow a .08 or higher, which is grounds for legal or per se intoxication and automatically qualifies you for a DUI.
Talk to an Orlando DUI Attorney Today
FL DUI Group represents the interests of Orlando-area residents who are facing charges of DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.
Source:
bjpenn.com/mma-news/mike-perry/bare-knuckle-fc-superstar-mike-perry-arrested-dui/
