What If I Am Stopped?
It's starting now. Police agencies all over South Florida are setting up roadblocks, and putting officers on overtime, to make as many DUI arrests as possible. Hopefully, the tips below will come in handy for you.
1. If you drive in South Florida at anytime during the year, and you plan on having a cocktail or two, make sure you know where your license, registration and proof of insurance are. South Florida Police DUI officers historically write in their DUI reports (putting only facts that harm you in them) that the suspect "fumbled for his wallet" and couldn't find his registration. They use this to try to show you were impaired. Be prepared.
2. When you get signaled by the police officer to pull over for a DUI assessment, do so immediately and safely. Roll down your window and put your hands on the steering wheel.
3. If a police officer asks you if you know why you are being pulled over, remember you don't have to answer. What a dumb question! He knows why he is pulling you over. He is pulling you over to assess you for drunk driving, and he's using the fact that you might have committed some minor vehicle code violations as an excuse. Don't make any admissions to him. So, you can just ask him, "no, why?"
4. The next question the police officer is likely to ask is, "Have you had anything to drink tonight." Remember your rights? You are not required to speak to officers. I know, I know, you think, "But if I don't talk to the officer, he will be mad." Let him be. You are not at a social gathering; he is not invited to your next birthday party. So don't worry about how he feels. He is collecting evidence against you. Don't give him any. It is best to say, "Officer, I appreciate what you do for a living, but I don't wish to answer any of your questions." You do NOT have to answer. The less from you he gets, the better for you in the long run. He is gathering evidence. But, you say, maybe he will let me go if he knows I'm being honest with him. NO. Most people who are pulled over and have alcohol on their breath get arrested. It's just a fact of life. Don't give him anything to put in that report that he can use against you later.
5. He may then say, "I'd like you to complete a series of tests for me." Again, let him know that you do not wish to participate in any tests. You are not required to comply. South Florida DUI officers try to give a series of field tests to determine if you are impaired. I have NEVER known any officer to do these as per the standardized protocol. Cops learn how to do these tests, and then promptly forget them, making up their own "tests." Do not do them. Do NOT let the officer collect more false "evidence" against you. Just reiterate that you do not wish to perform and tests. It's your right.
6. The South Florida investigation officer may then tell you he wants you to take an infield breath, hand held, breath test. Do not take this "test." It is unreliable, and regularly exhibits blood alcohol numbers higher than what you really are. The cop really, really wants you to do this now, because you have made no statements, and you have refused his field "tests." He wants this badly. He NEEDS some evidence. Do not do it. You are NOT required to blow into the little hand held machine.
7. The officer will most likely arrest you, cuff and take you downtown. You will then be informed that you must take a breathalyzer test or your license will be suspended for a full year. The officer will read you your Miranda rights and ask you to sign the form. If you signature looks anything like mine normally does, it will be used against in you in court as an example (albeit, arguably false) of your intoxication.
You will have a bond hearing the next morning or if you have someone who can bail you out that night (bail is usually set anywhere from $500 to $1500) you can get out sooner. Upon your release you, or your lawyer, must call the Department of Motor Vehicle within ten days of the arrest to secure a hearing to determine whether or not the DMV will take your license. Do not miss this deadline or your drivers license will be suspended automatically.
So, be careful. Don't drink and drive if you can help it. Drive safely. Don't talk to cops. Be polite, but do not let them gather inculpatory evidence against you. And when you get home call this Miami DUI Defense lawyer.
Your Defense Starts By Contacting Us!
The sooner you contact our office the sooner we can start your defense. In order to put pressure on the State Attorney's Office we move very quickly and file the necessary paperwork to preserve your rights. Those rights include your right to continue driving during the duration of your case and your right to a speedy trial.The State of Florida will automatically suspend your driver’s license 10 days after the date of your DUI arrest unless you request a special administrative hearing.
From Your First Hearing to Trial
From your first hearing to your jury trial our office will be there for you; using every possible resource for your defense. Our office is always available to speak with you about your case and your attorney will promptly return return your phone calls.We understand the stress and uncertainty that is associated with being arrested and we will help you to understand your options. |