Your Right to Say No in a DUI Investigation

Pulled Over For a DUI: What You Are and Are Not Required To Do People that are going to be drinking and driving, should consider in advance what they will do if they are stopped and investigated for DUI. What you do during the DUI investigation can greatly increase your DUI Lawyer's odds for obtaining a successful resolution to your case. It is legal to drink and drive in Florida; It only becomes a crime when you drink so much that your normal faculties are impaired. . Nonetheless, if you are stopped by an officer on the roads in Florida, or any other State, you will be subjected to a DUI investigation if the officer smells even a little bit of alcohol on your breath. Police officers, especially the ones who specialize in DUI detection, investigation, and arrests, will always error on the side of caution. The Officer will cart you to jail if it is a close call. Accordingly, it is vital to understand how to act when if you are stopped for a DUI . Know what the Law Requires you to do, and what you are not required to do, and you will go a long way to helping your Attorney fight your DUI. What You Are Required To Do: Of primary importance: if the officer initiates his takedown lights, you must pull your car to the side of the road safely and without hesitation. If the officer is stopping you, even when he doesn't have a good reason to do so, you as a citizen still must stop. Your DUI Lawyer can later litigate the merits of the stop to aid in your defense. Of secondary importance: if the officer requests you exit your vehicle, you need to comply. The officer asked you to step out of your car do not do so, you may find yourself facing the barrel of the officer's gun. Therefore, the officer asked you to step out of your car and walk to a particular place, listen and obey. Third, and while not legally required, equally important: be polite. Pass the attitude test. There are many different things that your DUI attorney can do to mold and shape the presentation of your case. For example, your Attorney may be able to eliminate bad evidence in your case. Your DUI attorney may be able to cast down on the breath machine. But your Lawyer cannot make you seem like a nice guy if you act like a fool on the scene to the police. Being respectful to police, no matter how disrespectful they may treat you, will do wonders to help your defense attorney. Juries hate defendant's who are disrespectful to law enforcement. If you have a close case in front of the jury, you may very well lose purely because of the attitude that you show. If you have a close case in the eyes of the prosecutor, he may very well decline to give me the reckless driving charge that you want because you were a jerk. What you do not have to do Blab to the Cops and Incriminate Yourself The law does not require you to answer any questions the officer asks you about what you had to drink that night, what time he woke up, where you are coming from, how much you had to drink, or anything else that may incriminate you. If you feel that answering these questions might give evidence to the State that could be used to convict you, or if you just plain worried that you might be slurring your words on the video as you answer the questions, you can invoke your fifth amendment right and not speak to the cops. It's important to note: not everything you say as a way of making it into police reports. Sometimes the things that you said that were good for your case may be missing from your police reports. Field Sobriety Exercises Clients tend to be shocked when they find out all the things that they did not have to do on scene with the officer. If you've been pulled over and detained for a DUI investigation, the investigating officer is going to ask you to submit field sobriety exercises. Commonly, these are the walk and turn test and the one legged stand task. If this seems like a ridiculous thing to ask someone to do, you are probably right.. Realize your performance on the exercises will likely be videotaped so police and prosecutors and judges can examine you later. You do not have to take these tests. If you think that you will do terrible on these tests, either because of a medical condition, physical handicap, or because of too many cocktails, polite decline. The Breath Machine If you are arrested, the officer may take you to the police station and ask you if you would like to submit to a lawful test of the breathalyzer machine. Whether or not it is a good idea to take the breath test, is it case by case question. There is no answer for every situation. Realize that, in spite of the -lawful- part, you have an absolute right to refuse this test. If you think based on what you've consumed during the day that you have no chance of passing the machine, consider refusing. However, you risk having your driver's license administratively suspended 10 days after your arrest if you refuse to blow into the breathalyzer machine. If it is the very first time that you refuse to loan a breathalyzer machine, your license will be suspended for one year. Luckily, after 30 days of hard time, you can go to the DMV and apply for a hardship in Florida. Every State is different; you will need to contact a Lawyer in your state to find out the specifics of the dmv penalties. Hopefully this article will help make you aware of the aspects of the DUI investigation that you must do, and the aspects of the DUI investigation that you can choose to refuse. You have a choice. Remember, in all DUI investigations, the law enforcement officer conducting the exercises and investigation is trying to get evidence that will lead to your conviction. Whether it is his interview questions, the field sobriety exercises, or the breathalyzer machine, take it from a somekeyword, the officer is trying to get you to incriminate yourself.