The moments after seeing flashing blue and red lights in your rearview mirror can be anxiety-ridden, especially if you've consumed alcohol prior to getting behind the wheel. As experienced Florida DUI Defense Attorneys, we encounter numerous cases where individuals are unsure of their legal rights and responsibilities when pulled over under suspicion of drinking and driving. The steps you take in these critical moments can significantly affect the outcome of your case. In this report, we'll explore essential guidelines to keep in mind if you find yourself in this predicament in the Sunshine State.
1. Remain Calm and Composed
Your immediate reaction when pulled over is crucial to your defense. Make sure that you safely pull over to a well-lit area as soon as it's safe to do so. Use your turning signal and then pullover. Turn off your vehicle, turn on the interior light if it's nighttime, and keep your hands visible on the steering wheel. Even if you're feeling anxious, it's vital to maintain a calm demeanor. Abrupt or erratic behavior can be misconstrued as evidence of impairment. Remember, the officer's body camera is on and video recording you and your statements. Be polite and say as little as possible to avoid any slurred speech being recorded and used as evidence against you.
2. Understand Your Right to Remain Silent
Florida law doesn't require you to provide any information beyond your name, driver's license, registration, and proof of insurance. Politely provide these when asked. If the officer questions whether you've been drinking or where you've been, you have the right to remain silent. You can simply state, "I choose not to answer that question." Remember, anything you say can and will be used against you in a court of law. You are required by law to provide your driver's license, vehicle registration, and proof of car accident insurance.
3. Field Sobriety Tests Are Not Mandatory
Often, officers might ask you to perform Field Sobriety Tests (FSTs) such as walking a straight line or standing on one leg. Contrary to popular belief, in Florida, these tests are not mandatory. You have the right to decline. While the refusal might be used in court as evidence, it eliminates the possibility of subjective observations being used against you.
4. The Breath Test Dilemma
If arrested on suspicion of a DUI, you'll likely be asked to submit a breath test. Under Florida's implied consent law, by obtaining a driver's license, you've already consented to submit to this test if lawfully arrested for a DUI. Refusing the test can result in an automatic suspension of your driver's license. However, it's also worth noting that while breath test results can be used as evidence against you, the absence of a test might weaken the prosecution's case.
5. Request Legal Counsel
As soon as you're in a position to do so, request an attorney. Whether you believe you're guilty or innocent, having a legal expert guide you through the process is invaluable. They can advise on the intricacies of Florida's DUI laws and ensure your rights are protected.
6. Document the Encounter
Memory can be fallible, and the sooner you jot down the details of the stop, the better. Note the time, location, the officers involved, any witnesses, and any other pertinent details. These could be instrumental in building your defense.
7. Challenge License Suspension
If your license is suspended due to a breath test refusal or a result over the legal limit, you have a limited window to challenge the suspension. Act swiftly, usually within ten days, to request a formal review hearing. This is a separate process from your criminal case and can potentially get your driving privileges reinstated. You should have legal representation during this hearing to help you protect your driving privileges. Moreover, your attorney will be able to review any evidence that will be used against you in your criminal trial. This helps your attorney formulate a quality legal defense!
Being pulled over after consuming alcohol can be a daunting experience, but knowledge is power. By understanding your rights and responsibilities and taking appropriate actions, you can navigate the situation to your best advantage. If you or a loved one faces a DUI charge in Florida, seeking expert legal representation should be a top priority. The nuances of the legal system can be intricate, but with the right counsel, you can ensure the best possible outcome.
Defend Your Rights with Musca Law!
Facing DUI Criminal Charges in the State of Florida? Do not go it alone! At Musca Law, P.A., our DUI Attorneys in Florida are committed to defending your against any criminal charge in Florida. Our defense firm has 30 strategic office locations throughout the State of Florida. So, we're always within reach. We're available for a FREE consultation right now - we are open 24/7/365. Call us now at 1-888-484-5057 and let our expertise be your strongest ally. Your future deserves the best defense; choose Musca Law, P.A. today!