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.

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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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  • Very Capable Trial Attorney

    Renier or "Ray" as he calls himself represented me for a DUI in Palm Beach County and at first I was not thrilled about the idea of going to trial. However, Ray made me feel comfortable and explained the pros and cons of having a trial. We had the trial and he got me a NOT GUILTY. I was very happy but glad that the process was finally over. He could have kept me a bit more informed regarding the discussions he had with the state attorney about my case. Overall though, I would definitely recommend him to someone.

  • Renier got me a great resolution to my case.

    I retained Mr. Ledezma for my DUI case about a month ago. It was my second DUI arrest in a few years. Renier did a great job and explained the process to me and did not make promises he could not keep. There was a chance I would not get another reckless so my expectations were kept at a reasonable level. However, he found some weaknesses in the case and ended up getting me a reckless instead of a DUI conviction. I was impressed with Mr. Ledezma because he was very straightforward and showed that he cared. I would definitely recommend him because he is sincere in his efforts and cares about his clients.

  • Very aggressive and cared about getting the nest result.

    I fell down at Walmart about a year ago and hurt my back. I received medical treatment and brought it to Walmart's attention. However, when Walmart received my letter and medical records they said they were not responsible. My friend retained Renier for his personal injury matter and recommended him. When I spoke to Renier he was very helpful and explained the process to me. He didn't make any promises besides he would work very hard to get me a good settlement. He filed a demand letter and negotiated with Walmart for over 6 months when he eventually got me a great settlement. He was great because I was able to call him for questions even on the weekends. I could tell he cared about making me happy and getting me a great result. I highly recommend him to anyone else in my position.

  • Great Attorney and cares about his clients.

    Mr. Ledezma assisted me with my battery case and fought hard for me. He did not recommend accepting the first offer and it turned out he was correct. I ended up getting a much better deal which minimized the costs associated with my plea agreement and long-term consequences. More importantly, Mr. Ledezma by his actions really showed he cared and made me feel like I was more then just another client. A great experience and I would highly recommend him for anyone.

  • An excellent, reliable, knowledgeable, considerate, hard working attorney. I would never, ever use another attorney.

    It is rare in this day and age to find an attorney that is dignified, caring and kept me up to date the entire time. He exceeded my expectations, which are quite high. Ray did not miss a beat in any part of the client/attorney relationship. If you need an attorney, this is the attorney you should choose. You will not be disappointed.

Broward: (954) 670-7105 | Palm Beach: (561)-454-9727