What to do if you get a DUI?
DUI Arrested – You’re Under Investigation, Now What Should You Do?
One of the most common questions that clients, acquaintances, and family members ask any criminal defense attorney is “What should I do if I am arrested for DUI?” Well, first of all, driving under the influence of alcohol or drugs to the point where one’s ability is impaired is an extremely serious matter. Everyone should avoid driving after drinking alcohol or at least be aware of the number of drinks they have had and not drive if they feel incapacitated or believe they are close to Florida’s illegal blood alcohol level of 08%. .
If you are unlucky enough to see the blue lights of a police car in your rear view mirror, you should be aware that Florida law requires you to stop your vehicle safely as soon as reasonably possible. Remember that police officers have a very dangerous job and the people they meet are often violent, unpleasant, or dangerous. The officer will be alert to any indication that you are going to try to harm him or try to flee. So you can help avoid an unpleasant or even dangerous confrontation with the officer by following a few simple steps from the beginning. First, once you have safely pulled your car off the road, turn off your car’s engine and roll down the driver’s side window. You must remain in your vehicle unless the officer asks you to get out, as jumping back and forth to the police car could be seen as a hostile and threatening gesture by a paranoid officer. While waiting for the officer to approach the window, keep your hands visible to the officer; it is best to be at the wheel. This is a good time to think about where your driver’s license, vehicle registration, and proof of insurance are located – the officer will ask for them and you are required by law to provide them. Police and prosecution will use police and prosecution as evidence of impairment if there is a DUI charge.
Although you are required to give the police officer your name, driver’s license, vehicle registration, and proof of insurance card, unless you have been in an accident, you are not required to give the officer any further information. You do not need to answer the officer’s questions, unless you provide your correct name and date of birth (found on your driver’s license). You cannot provide false information to the officer, but you are not required to tell him whether you have come from a bar or drinking, or how much and what type of alcohol you may have had. However, in some cases it may be appropriate to answer the officer’s questions.
Note that the officer may only be stopping you to warn you of a burned-out taillight, or he may be conducting a criminal investigation for DUI or other crimes. Everything you say or do will be recorded by the officer and could be used as evidence against you in court. Remember at all times that the police are probably recording you on video and audio, whether you are standing outside your car, sitting in the back of the police car, or at the police station. Many police cars now have video cameras behind the front grill or in the dash. These cameras are activated by the officer and can be turned on or off as desired by the officer.
If you have not been drinking alcohol or taking prescription or illegal drugs (or have no reason to suspect that you are being investigated for any other crime), it is generally best to answer the officer’s questions in a friendly and respectful manner. If the officer continues to investigate you for a DUI, you had better refuse to perform any field sobriety tests and politely request blood and breath tests. Field Sobriety Tests (FST) consist of an eye exam followed by three physical tasks. The eye exam performed by police officers during a DUI investigation is called a horizontal gaze nystagmus (HGN) test in which the officer will ask you to keep your head still while your eyes follow a light. The officer looks for any tremors in his eyes as he looks from side to side. Although alcohol can make a person’s eyes tremble more than normal, there are other causes of this tremor or nystagmus that the officer may misinterpret. In any case, the results are not recorded or objective and the judge and jury will only have the official’s word on what their eyes did during that test. Physical tests usually consist of finger to nose, walking and turning, and standing with one leg. These tests are difficult to perform, especially under the stress of a police investigation on the side of a busy road and often at night. The instructions for each test are detailed and officers have often learned to say them in a way that can be somewhat confusing to make the DUI suspect appear “affected.” You must politely decline to perform any of the field sobriety tests. The only penalty for not taking field sobriety tests is that you will tell the judge and jury that you rejected them, as if that in itself is an indication of your guilty conscience. However, it is easy to explain to a jury (and the judges already know how difficult tests can be for one person to take the first time) that you are not particularly coordinated and that you did not think you could perform on the side of the road in that moment. It is important not to say something like “I couldn’t do those tests sober” when rejecting the FST! Instead, and just as important, you should decline the FST by requesting blood and breath tests. Although if the officer for any reason believes that you are affected by alcohol or drugs at this time, you may be arrested and taken to the police station for a breath test, a correct result from the test machine. Intoxilyzer breath will further prove your innocence. Under Florida law, the police must give you the opportunity to arrange and obtain blood tests on your own at a local medical center. The results of that test will be invaluable as independent evidence that you have not been drinking if the breath test machine makes a mistake and you are arrested for DUI.
If you have been drinking, but are sure that you have not exceeded the legal limit of 08% BAL or that you are affected by alcohol or drugs, you do not have to answer any questions about your alcohol use. You should politely decline to perform any field sobriety tests, but politely request blood and breath tests. This is a somewhat risky tactic, as it depends on the accuracy of your prediction of how much your drinking has affected your blood alcohol level. And, as we all know, a few drinks can affect anyone’s ability to make meaningful judgments. For that reason, this notice should only be used when you are absolutely certain that your blood alcohol level is well below the Florida legal limit of 08% and that you are not affected by alcohol. If you don’t know how to calculate the effect of various amounts of alcohol over time periods on your blood alcohol level, you can read more on this topic by searching for “Widmark’s Formula” on the Internet. There are several very rough guidelines for predicting your blood alcohol level for the various amounts you have consumed, however these are rough estimates whose accuracy depends on individual body weight, fat content, and other physical and medical factors that influence the metabolism of alcohol.
If you have been drinking or using drugs and think you are affected by them, or that your blood alcohol level is above the legal limit of 08%, it is very likely that you will have problems when you need this advice. And since you’ve already ignored the first advice given at the beginning of this article, you probably won’t be able to remember or correctly follow any advice, let alone legal advice. However, at this moment, as he watches the flashing blue lights and handcuffs hanging from the police officer’s belt, he finally begins to realize that DUI is a serious and life-threatening offense and regrets his mistake. To minimize the impact your poor judgment may have on your life, you should politely decline to answer any questions the officer asks you. You should refuse to perform any tests: the vision test (horizontal gaze nystagmus or HGN), field sobriety tests, and the breath test. Please note that refusing the breath test will result in increased suspension periods for your driver’s license, as well as a separate criminal charge of Refusal. However, providing the breath test will likely make it easier for the State’s Attorney to prove your DUI case, and if your blood alcohol level is above 15%, it will result in higher fines and other sentencing provisions in conviction case. You should expect to be arrested, be cooperative and courteous at all times.
What will happen if I am arrested?
Once you enter jail, you will be held there for at least eight (8) hours, or until your blood alcohol level is below 05% and you are no longer affected. Therefore, it is important not to fuss, yell, yell, argue, or appear affected by alcohol if you want to go home. You may be allowed to leave at that time without having to post a bond, called a Release of Recognition (ROR) if you live locally and are employed. If no ROR is released, a DUI bond in Pinellas or Pasco will generally range from $ 150 to $ 1,000, depending on the number of prior DUIs and whether or not there was an accident with injuries or property damage involved. You can post the full bond amount yourself (note that future court fines, costs, and restitution will be deducted from your cash bond before the remainder is released to you at the end of your case), or you can call one of the many bail bondsmen in the Tampa Bay area to arrange to have the bond posted for you. Bail bondsmen generally charge 10-15% of the bail amount for this service and may sometimes require you to loan them a car or home as collateral. Call multiple guarantors and ask them for quotes before deciding which one to hire if the first seems too expensive.
After you have been released from jail, you must find and hire an experienced DUI attorney. You can find my tips on how to find, interview, and hire the best attorney for you on my blog, Florida Law Blog, at http://gpottslaw.wordpress.com/.
