Mistakes People Make During and After DUI Arrest in Florida:
Mistakes happen, that's probably why you are reading this. These mistakes are ones that will make your DUI more difficult to defend and make your life a bit more difficult after a DUI arrest. How many did you make?
If you get pulled over after you have been drinking, you should assume that you are going to be arrested for DUI. This realization is difficult and results in most people trying to talk their way out of the arrest and cooperating to a point detrimental to their defense.
Field Sobriety Exercises:
If you are being asked to conduct Field Sobriety Exercises, you are going to be arrested for DUI, and your performance on the exercises will hurt your case. Except that. They are designed to fail. They are not looking for what you think they are looking for. It's not enough to simply refuse them however, because this will be argued as "concousness of guilt." See below "Not Asking for a Lawyer." By "refusing" you are admitting you will fail. By asking for a lawyer, you are exercising your rights under the 5th Amendment of the U.S. Constitution. It will make a difference.
Describing How They Feel on a Scale of 0-10:
The answer may not be admissible as evidence, but the only acceptable answer to this question is 0 and that you feel completely normal.
Admitting They Were Drinking:
Just stop talking and ask for a lawyer.
Thinking They Can Talk Their Way Out Of It:
Most people charged with a DUI are "regular people," they don't have a lot of contact with law enforcement and they don't realize they are about to get arrested. Assume that you are being recorded and that you are about to be arrested. Help out your future lawyer and stop talking. Refuse tests by asking for a lawyer.
Arguing With Law Enforcement:
I get it. You are upset. This DUI is really going to cause problems in your life. You're probably a little or a lot drunk. DUIs are expensive and they are a major inconvenience, but when handled right, can be dealt with and a good lawyer can help you get through it with good results. Try to have some self control and help your future lawyer out a little bit. Be polite. Refuse tests by asking for a lawyer. That is it.
Not Asking For a Lawyer:
The first 10 Amendments to the Constitution are called the Bill of Rights. Among those rights are the right to remain silent and to consult with counsel. Juries will usually not hold exercising these rights against you.
You are probably going to be arrested. Be polite. Refuse tests by asking for a lawyer. That is it.
After arrest, you will be put in a cop car and transported to either the jail or a breath center where you will be asked to take a breath test. You should assume you are being recorded during both and anything you say absolutely will be used against you. Lots of people blow their case when they get to a breath center through their communications with the breath tech operator. The above rules still apply, and there definitely is a quality camera zoomed onto your face, so don't look so drunk.
Explaining That You Will Beat the DUI in Court to Law Enforcement:
Juries will not be impressed with these types of statements. It's the type of thing guilty people say.
Telling a Breath Tech Operator That You Aren't Taking a Breath Test Because You Will Fail:
That really defeats the point of refusing to take the test. In fact, that's even better evidence than your failed test results.
Being Argumentative with the Breath Tech Operator:
You are being recorded with a high quality recording system. Something you might have avoided up to this point. Arguments, insults, or sexually suggestive statements will really hurt your case at this time.
Not Getting A Hardship License Within 10 Days of Arrest:
You have 10 days after arrest to sign up for the DUI school and to request a hardship license in Florida. If you don't do this, you will go through a period of time where you cannot drive. If you don't know what to do, speak to a DUI lawyer who can talk you through the process. Many of our client's never go through a period of time where they cannot driving at least for school, work or childcare.
Not Asking For a Lawyer:
Same rules apply as pre-arrest. Be polite, refuse to answer questions related to a criminal investigation by asking for a lawyer.
Not Speaking to a Lawyer As Soon as Possible After a DUI Arrest:
Some of your rights are time sensitive after a DUI. Good lawyers can save you money over the long run and many lawyers will offer payment plans, at least if you contact them early. The earlier the better.
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Written by: Cesar C.
Date Published: Feb. 24, 2015
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