Being arrested for DUI (Driving Under the Influence) can be a stressful and overwhelming experience. However, what you do immediately after your arrest can significantly impact the outcome of your case. In Florida, DUI charges carry severe consequences, including the potential for license suspension, fines, and even jail time. Understanding your legal rights and preserving critical evidence can play a pivotal role in your defense. This article will guide you through the necessary steps to take after a DUI arrest in Florida, and how a DUI attorney can challenge field sobriety tests to help you build a strong defense.
Remain Calm and Comply with Law Enforcement
The first and most important step after being pulled over and arrested for DUI is to remain calm and comply with law enforcement. Resisting or becoming confrontational can lead to additional charges, which may complicate your case.
Cooperate with the Officer
During the arrest, the officer will likely ask you to perform field sobriety tests and, in many cases, take a breathalyzer or chemical test. While Florida’s implied consent laws make it mandatory to submit to breath, blood, or urine testing, refusing can result in an immediate suspension of your driver’s license and can be used against you in court. If you refuse, be aware of the potential consequences but also know that refusal might complicate the prosecution's ability to gather certain evidence.
Invoke Your Right to Remain Silent
Once arrested, you have the right to remain silent. Anything you say during the arrest and booking process can be used against you in court. Politely decline to answer any questions from the police without the presence of your attorney. Many individuals inadvertently make incriminating statements, even in seemingly casual conversations, so it is essential to refrain from discussing the details of the incident.
Request Legal Representation
After your arrest, you should immediately ask for an attorney. Legal representation is your constitutional right, and having an experienced DUI defense attorney by your side will significantly improve your chances of navigating the legal system effectively. Do not wait to contact an attorney—this is a critical step in ensuring that your rights are protected from the moment you are taken into custody.
Preserve Evidence
Preserving evidence is key to building a solid defense. While law enforcement will collect their evidence (such as breathalyzer results or observations from field sobriety tests), there are steps you can take to gather information that may be beneficial to your case.
Document the Events Leading Up to Your Arrest
As soon as possible after your release, document everything you remember about the events that occurred before and during the traffic stop. Include details such as:
- Your driving behavior before being pulled over.
- The location and time of the stop.
- The officer's reasons for stopping you.
- Any statements or actions by the officer.
- Whether field sobriety tests or chemical tests were administered and how they were conducted.
Identify Potential Witnesses
If there were passengers in your vehicle or bystanders who witnessed the arrest, ask them to provide statements about what they observed. Witness testimony can help clarify your behavior and interactions with law enforcement, potentially casting doubt on the officer’s claims.
Preserve Any Video or Audio Evidence
If you have a dashboard camera or any other recording device in your vehicle, make sure to save the footage. Video or audio evidence can serve as valuable proof of how the arrest unfolded, especially if there is any discrepancy between your account and the officer's testimony. In some cases, video evidence can even demonstrate that field sobriety tests were improperly administered, or that the officer lacked probable cause to stop you.
Handle Field Sobriety and Breathalyzer Test Results Carefully
Field sobriety tests and breathalyzer results are frequently used to determine impairment, but they are not always reliable indicators of DUI. It is important to understand the role of these tests in your arrest and how they may be challenged in court.
Field Sobriety Tests
Field sobriety tests, such as the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand, are designed to assess coordination, balance, and eye movement. However, these tests are highly subjective and can be influenced by factors unrelated to intoxication, such as fatigue, anxiety, or certain medical conditions.
- Environmental Factors: Conditions like poor lighting, uneven road surfaces, or inclement weather can affect your performance during a field sobriety test, even if you are sober.
- Medical Conditions: Physical impairments, inner ear issues, or certain neurological conditions can make it difficult to perform some of the tasks required in field sobriety tests. These issues can easily be mistaken for signs of intoxication.
Breathalyzer Tests
Breathalyzer tests measure the amount of alcohol in your breath, but they are not always accurate. Various factors can result in incorrect readings, such as:
- Improper Calibration: The breathalyzer device must be regularly calibrated and maintained. If not properly calibrated, it may provide false readings.
- Mouth Alcohol: Residual alcohol in your mouth from recent consumption of alcohol, mouthwash, or even certain foods can lead to inflated BAC results.
- Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can affect breathalyzer results and cause inaccurate readings.
How a DUI Attorney Will Challenge Field Sobriety Tests in Florida
An experienced DUI attorney will carefully evaluate how the field sobriety tests were conducted during your arrest. Many factors can lead to inaccurate or unreliable test results, and a skilled attorney will use this information to challenge the evidence presented by the prosecution.
Examining Officer Training and Administration
The accuracy of field sobriety tests depends on the officer’s ability to administer them correctly. A DUI attorney will investigate whether the officer followed the standardized procedures outlined by the National Highway Traffic Safety Administration (NHTSA). If the officer deviated from these procedures, it can cast doubt on the validity of the test results.
Identifying Environmental Factors
As mentioned earlier, environmental conditions can impact a person’s ability to perform field sobriety tests. Your attorney will analyze the conditions at the time of your arrest to determine if factors such as uneven pavement, poor weather, or low visibility may have contributed to your performance issues.
Highlighting Physical or Medical Conditions
If you have a medical condition or physical impairment that could have affected your performance on the field sobriety tests, your attorney will gather evidence (such as medical records) to demonstrate that the test results were not a valid indicator of impairment.
Questioning the Officer’s Observations
Field sobriety tests are highly subjective, and the officer’s observations play a significant role in determining whether you pass or fail. A skilled DUI attorney will cross-examine the officer’s testimony, looking for inconsistencies or biased interpretations of your behavior. By undermining the credibility of the officer’s observations, your attorney can weaken the prosecution’s case against you.
Why Timely Action Matters
The time immediately following your DUI arrest is critical for protecting your rights and securing evidence that could benefit your defense. Delaying action may result in the loss of valuable evidence, such as witness testimony, video footage, or even physical signs that could help explain your performance during field sobriety tests.
Additionally, Florida’s Department of Highway Safety and Motor Vehicles (DHSMV) initiates administrative action against your driver’s license after a DUI arrest, separate from the criminal court process. You have only a limited window of time—typically 10 days—to request a formal review hearing to challenge the automatic suspension of your license. Failing to act quickly can result in the suspension going into effect without the opportunity for a defense.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you have been arrested for DUI in Florida, acting quickly is essential to protect your rights and build a strong defense. Musca Law, P.A. has a team of experienced DUI defense attorneys who understand the complexities of DUI cases and know how to challenge field sobriety tests and other evidence. We provide free consultations 24/7/365 and proudly serve all 67 counties in Florida. Contact Musca Law at 1-888-484-5057 for your FREE consultation and let our dedicated team help protect your rights, your license, and your future.