When You’re Pulled Over for a DUI
You get a lump in your throat when you see those flashing red and blue lights in your rearview mirror. You are praying that someone else is being pursued, but your stomach lurches when you realize that it’s you that the officer is interested in. It’s bad enough to be pulled over—the panic really escalates if you’ve had a drink or two before getting behind the wheel. What should you do?
Don’t Lose Your Cool
Get any thoughts of trying to evade police out of your head: you’re going to need to pull over rather than try to outrun a patrol car. Do so as efficiently as possible, using your blinker to signal your intentions. Once you’re safely on the side of the road, turn off the ignition, roll down your window, put your hands in plain view. As the officer approaches, remind yourself that a little courtesy goes a long way. Conform to the officer’s request for your license, registration and insurance cards. If you are asked about where you’ve been, where you’re going, or whether you’ve been drinking, courteously assert your right to remain silent. If things start to escalate, respectfully explain to the officer that you’d like your attorney present for any further questioning.
Do You Have to Consent to a Breathalyzer or Blood Test?
In Florida implied consent laws require drivers to comply with an officer’s request to administer a field sobriety test and a test to determine your blood alcohol level. Refusing to comply with chemical testing will likely lead to your arrest. It could also result in the revocation of your drivers’ license, the installation of an ignition interlock device in your vehicle, and potential charges. Presumably you were pulled over for some sort of recklessness, so even if you aren’t charged with DUI (which could still happen), reckless driving could be its own nightmare. To be clear, it’s also possible for police to obtain a warrant to get the chemical testing done even without your consent.
If You’re Arrested
If you wind up being arrested, remember the importance of compliance, while requesting the presence of an attorney before answering any questions. You may be facing some serious penalties, including increased insurance rates, DUI school, community service, fines, and even jail time. A conviction would definitely have long-term consequences, since you would have a permanent blemish on your record, which could affect employment opportunities and more.
A Vigorous Defense
The Miami criminal defense attorneys at The Law Office of Julia Kefalinos understand that you would love to avoid these penalties if at all possible and will work tirelessly to achieve the best possible outcomes for you. To discuss your situation, schedule a confidential consultation in our Miami office today.
Source:
flsenate.gov/laws/statutes/2011/316.1932
