Jeff Haynes, an attorney who specializes in DUI in Sarasota, Florida, explains that an arrest for DUI in Florida isn't the same as getting a traffic ticket. You don't just pay your fine and walk away. Instead, in Florida, all DUI cases are criminal.
No matter where you live, an arrest for driving under the influence of drugs or alcohol is a serious situation. But DUI laws vary widely from state to state, as do the penalties for conviction. And in any FloridaDUI case, there is the possibility of receiving a jail sentence. Therefore, you want to handle your situation very carefully, starting with the moment you're approached by a police officer.
How to Cooperate with the Police
It's important to be polite and respectful when dealing with the police, but also to be aware of your rights. Although you are required by law to comply with police instructions, you are not required by law to provide evidence that might incriminate you. And, unfortunately, police officers are not required to tell you that your participation in certain tests – namely, field sobriety tests and the breathalyzer test – is optional.
If a police officer stops you and suspects that you're under the influence of drugs or alcohol, then he'll probably ask you to participate in a series of tests designed to show whether your ability to drive is impaired. These tests are called field sobriety tests. Most people have seen these tests before, which usually involve walking a straight line, balancing on one foot, or touching your finger to your nose while your eyes are closed.
The problem with field sobriety tests is that they're extremely subjective. There are too many things that could affect your performance in field sobriety tests. Even if you've had nothing to drink, if you're nervous enough, you're likely to fail. I recommend politely refusing roadside sobriety tests if you're stopped by police for suspicion of DUI, but you'll likely be arrested anyway. Regardless, there's no reason to provide evidence that may be used against you later, especially when your performance on these tests is open to interpretation.
If you are arrested for DUI, you'll be taken to the county jail where you'll likely be asked to take a breathalyzer test. Like field sobriety tests, breathalyzer tests are also optional. In Florida, if you've never refused a breathalyzer test before, then you can politely do so without criminal penalty. However, if you've been arrested for DUI before and refused a breathalyzer test, there may be separate penalties. If possible, speak to an attorney before deciding whether or not to participate in a breathalyzer test.
A DUI conviction can change your life forever; therefore, I recommend involving an attorney as quickly as possible. Too many people assume that the "responsible" thing to do is plead guilty to their DUI charges, accept their punishment, and be done with it. Although you may be genuinely sorry for breaking the law and want to do the right thing, it's equally important to understand your rights and the potential ramifications of pleading guilty to DUI.
Remember, you should look for an attorney who has extensive experience handling DUI cases. Finding someone who is familiar with the judge and prosecutor handling your case is also helpful. Once you've found an attorney you're comfortable with, you should do your best to trust him with your case. Your attorney will do everything he can to help you put your DUI arrest behind you and get on with your life.
No comments:
Post a Comment