What to do and what NOT to do when you’re pulled over for DUI
Florida police often conduct heightened DUI enforcement during the holiday season. If you have been arrested for DUI, an experienced Florida DUI defense lawyer at Alers Law Firm can help.
When you are stopped on suspicion of DUI, whether it is during the holiday season or any other time of the year, you can make your situation worse with things that you do during the traffic stop. There are some things that you should never do when you have been stopped by a police officer. In addition, you must also keep in mind what may help your case, such as contacting a Florida DUI defense attorney.
If you have been charged with DUI in Florida, get immediate legal help from a DUI defense lawyer at Alers Law Firm by calling our attorneys at (407) 930-4888. We can discuss your case with you and help determine your most viable legal path forward.
Here are some things to keep in mind to govern your own actions if you have been pulled over on suspicion of DUI. Remember that a police officer only needs reasonable suspicion to make this traffic stop, and they can continue to develop probable cause once they begin to view and question you. Mistakes that you make can both increase the chance that a police officer may believe that they have probable cause to both arrest you and conduct further searches.
Do Cooperate with the Police Officer
When a police officer pulls you over, you should not be argumentative in any way. You should typically comply with the police officer’s requests, although there are limits to what you must do in response. It is important that you do not attack the officer in any way, whether it is physically or verbally. In certain circumstances, extreme belligerence could lead to a charge of resisting arrest.
Do Remain Silent
The police officer is going to try to ask you many questions. They have pulled you over on suspicion of drunk driving, and they want to learn whether there is probable cause to make an arrest. They may also attempt to investigate you for other potential crimes. You do not have a legal obligation to answer questions that a law enforcement officer poses to you. Politely exercise your right to remain silent if you are being questioned.
Do Contact a Florida DUI Lawyer
Being pulled over for DUI means that there is a possibility that you could face criminal charges. Even though some may feel that these cases are routine in nature, there is nothing minor about DUI charges. It is vital that you get legal help immediately after you have been arrested. When you hire a Florida DUI lawyer for your case, they can do the following:
Refusing a Breathalyzer Test
In the past, refusal to take a breathalyzer test was treated as a traffic offense (albeit one with significant penalties). Based on a new law, it is now a criminal misdemeanor to refuse to take a breathalyzer test. You could face the following penalties:
- A driver’s license suspension of one year
- Up to 60 days in prison
- A fine of up to $500
In addition, you would have a criminal record, which is easily viewable by potential employers and others who are checking into your background.
Do Not Admit to Any Crime
If you make an admission to the officer who has pulled you over on suspicion of drunk driving, it can and will be used against you if you are brought to trial. The police officer may ask you questions, such as whether you were drinking before you drove. If you answer the question in the affirmative, you are admitting to criminal conduct. Although you should not lie to a police officer, you also should not admit to any criminal activity.
Do Not Give Consent for a Search
When the police officer stops you, they may ask you for your consent to search your vehicle. When you do this, you are waving your legal right to only having a search conducted either pursuant to a warrant or a valid exception. If the police officer finds any incriminating evidence in your car, you cannot later say that they did not have permission to take it. If a police officer asks to search your vehicle, you should politely decline to allow them.
Contact a Florida DUI Defense Law Firm
If you have been charged with a criminal motor vehicle offense, speak to a Florida DUI defense attorney at Alers Law Firm. Time is of the essence, and you can act quickly to schedule a free initial consultation by visiting our website or by calling us today at (407) 930-4888.
