Serving Palm Beach and Broward County
A Dozen Dos and Don’ts for a Florida DUI Stop
Remember, a DUI conviction can be avoided by simply not drinking and driving. However, failing that:
DO have your license, registration, and insurance ready to show if you are pulled over
DO keep your hands visible on the steering wheel as the officer approaches
DO realize that everything about to happen is likely being recorded and can and will be used to help convict you
DO be polite and respectful in all your communication with the officer
DON’T agree with any stated reason for being pulled over. Politely disagree, for example, “Officer, with all respect, I don’t believe I moved out of my lane."
DON’T self- incriminate by admitting ANY consumption of alcohol; it could be mouthwash the officer claims to smell
DON’T voluntarily get out of your car. DO answer a request to do so with something like, “Officer, I’m concerned about my safety getting out of the car here on the roadside.”
DON’T perform roadside agility tests. Despite what the officer may claim, they are primarily for gathering more evidence to later convict you. You may decline with something like, “Officer, I’m not familiar with these tests, and I’d prefer not to undergo them on the side of the road without my attorney present.”
DO ask the question “Am I under arrest?” if the officer insists you get out of the car.
DO offer to take a cab to address any safety concerns of the officer. This does NOT mean you agree you are not fully capable of driving, you are merely trying to address the officer’s safety concerns.
DON’T take a roadside breathalyzer test. It is not required by law unless you are actually arrested, and a reading past the legal limit will absolutely make sure that happens.
DO cite specific concerns (for the record) with the accuracy of the battery-powered breathalyzer; health worries about germs and bacteria and potential disease transmission from the device.
If all the above fails, and you are arrested, you will be taken to the Breath Alcohol Testing Center in order to administer a breathalyzer test. Remember, you have been arrested, and the “implied consent” law states that you need to do so or face suspension of your license. However, the likely best course is continued refusal, because of “documented incidents of the breath machine being inaccurate,” or “personal medical reasons which may affect the machine’s accuracy.”
Yes, your license will be suspended for the refusal. But the state’s case will be much weaker for conviction with no hard evidence that your blood alcohol level was over the legal limit. And because there were no roadside agility tests performed, and no self-incriminating admissions about alcohol consumption, your DUI attorney can craft a much stronger defense for you.
Yes, your license will be suspended for the refusal. But the state’s case will be much weaker for conviction with no hard evidence that your blood alcohol level was over the legal limit. And because there were no roadside agility tests performed, and no self-incriminating admissions about alcohol consumption, your DUI attorney can craft a much stronger defense for you.
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If you have been arrested for DUI, all hope is not lost! Our firm’s goal is to help you avoid a DUI conviction.
If you are convicted of DUI there are certain minimum mandatory sanctions that are required by law. We will fight to have your DUI dismissed through a technical or procedural error made by law enforcement, or by obtaining a “not guilty” verdict from a jury. Alternatively, we may be able to have the State reduce your DUI to a lesser charge of Reckless Driving, which removes the stigma associated with DUI and allows you to answer “no” if asked if you were ever convicted of DUI. Additionally you will avoid some of the mandatory penalties associated with DUI and may not have to carry high-risk auto insurance.
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