What to do if Pulled Over for DUI in Florida?

Ever wondered what to do if pulled over for a DUI in Florida?

Your initial actions and contact with the officer are very important.

First, pull over as soon as it is safe.  Remember to be polite and respectful and to be prepared to produce your license, insurance and registration. If it takes you a long time to locate your license and registration, or you fumble it around, then the officer will notate that in his report as a sign of impairment. You should not make any voluntary statements. This is not a time for chitchat. This is a criminal investigation and you have a constitutional right not to make any statements that could later be used against you. Saying that you were just coming from the Blue Martini Bar or that you just had a few beers could be damaging evidence against you. Although you not allowed to lie, you are permitted to not answer.  Lastly, don’t voluntarily get out of the car. Only get out of the car if you are ordered by the officer to do so.

When to refuse a sobriety test? Great question!

Should you do the field sobriety exercises?

These roadside exercises typically include such tests as walking/turning on a straight line, standing on one leg for 30 seconds and touching the tip of your nose. You are not required to do these exercises and it is a difficult decision to make. Of course, if you know that you had way too much to drink and that you are impaired, then you should not do the exercises. If you don’t take the test, then the prosecutor will argue consciousness of guilt, but that’s better than the jury watching a video of you falling all over yourself trying to do these tests. If you’ve had little to nothing to drink and honestly feel that you are not impaired, then it may be a good idea to take the test. Just as a bad video can ruin your case, a video showing your ability to perform these exercises could help you beat the case. Remember to listen to the instructions carefully before beginning and always assume that you are being videotaped because that is likely the case.

Breath Test – To Blow or Not to Blow?

Under Florida law, the DHSMV will suspend your license for one year if you refuse to take the breath test. In comparison, your license will be suspended for 6 months if you take the breath test and blow over a .08. So, for purposes of your license, it would seem wise to blow, however, you could be giving them powerful evidence against you if you blow well over the legal limit of .08. If you don’t blow, the prosecutor will try to use that to show a consciousness of guilt but that argument can be combatted or at least minimized. Most drivers often don’t know what a breathalyzer entails and are confused that they are being forced to do something without the advice of an attorney. As long as you have a reasonable basis to refuse to give a breath sample, juries typically don’t hold that against you. With all that being said, if you’ve truly only consumed a small amount of alcohol (a single drink), then you should give a breath sample,

as you could very well beat your license suspension and criminal case by blowing under a .08.