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FAQ: What happens if your child is suspected of DUI

No parent wants to imagine his or her child behind the wheel of a car after a night of drinking.

Yet, many teens do drive under the influence, whether their parents know it or not. Maybe your child has yet to be caught and you need to know what happens to them if they are suspected of a DUI. Maybe your child is currently facing DUI charges.

Whatever the case may be, here are answers to frequently asked questions every parent should know if their child is suspected of DUI.

What happens if my child refuses to submit to a field sobriety or chemical test?

If your child is operating a motor vehicle, they have given implied consent to submit to a physical or chemical test. A chemical test can be a blood, breath or urine test used to determine blood alcohol content levels. Your child’s refusal to submit to a breath or chemical test can be used to build a case against them, as their refusal is admissible as evidence in court.

Your kid’s refusal will not stop the test from being administered. Your child can still be forced to submit to a blood test if they refuse a field sobriety or chemical test.

Can I challenge the results of my child’s field sobriety or chemical test?

Yes. None of the tests administered are 100% foolproof, which means that even honest mistakes can be made. Challenges to your kid’s test results can include proving that the operator received inadequate training or that the implements used in the test were not functioning properly at the time.

In November 2017, a study published in the Journal of Forensic Science even found that something as simple as hand sanitizer can result in a positive breath test when applied to the operator’s hands.

That being said, a variety of factors can contribute to inaccurate test results. These factors could have contributed to your child failing a chemical or field sobriety test.

If my child is arrested for suspected DUI, when will they be released from jail?

They will be released from jail when their BAC drops below .05, if they are determined to be no longer impaired or eight hours from the time of their arrest.

How can I help my child if I think they have a drinking problem?

If you suspect that your child has a drinking problem, you can enroll them in a residential treatment center for teens with locations all over central Florida. Starting a conversation with your teen can help you to understand why they drink in excess and what you can do as their parent to help.

If you can’t afford a residential treatment center, school counselors and psychologists can be a great resource. You can also ask your child’s primary care physician about ways they can help treat problem drinking.


If your teen is facing DUI charges, an experienced attorney can answer other questions you may have and help you fight the charges your child is facing to safeguard their future.

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Thomas G. Fallis, P.A.
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