You’re already having a bad day: The police have pulled you over, tested your breath, and now you’re facing a DUI charge. As stressed and upset as you might be, you don’t want to make your situation worse. Here’s what to do to protect your rights while you wait for your Florida Keys DUI defense lawyer to arrive.
Remain Calm and Comply With Police Orders
It’s crucial to remain calm and avoid escalating the situation. Cooperate with the police by providing your identification, and avoid arguing or becoming combative. Refusing to comply can lead to additional charges. While you do not have to answer questions about your alcohol consumption or driving behavior, providing basic personal information is necessary.
Exercise Your Right to Remain Silent
You have the right to remain silent, and it’s wise to exercise this right until you speak with an attorney. The police or prosecutors can use anything you say against you in court later. Inform the police that you wish to remain silent and request legal representation.
Request an Attorney
As soon as possible, request an attorney. Even if prosecutors have not formally charged you, having legal counsel early in the process is vital. Your attorney can help guide you through the next steps, explain the legal process, and begin to build a defense strategy for your case.
Write Down the Details of Your Arrest
Write down everything you can remember about the arrest. Include the time, location, any statements the police made, the road conditions, and anything unusual about the situation. The more detailed your notes, the better your attorney can understand the circumstances surrounding your arrest, which helps them identify potential weaknesses in the prosecution’s case.
Understand the Consequences of Refusing a Breathalyzer
If the police ask you to submit to a roadside breathalyzer or field sobriety test, you have the right to refuse without consequences. However, refusing to take a chemical test after your arrest comes with significant penalties under Florida’s implied consent law, including an automatic driver’s license suspension. An attorney can help you weigh the potential consequences of refusal based on your specific case.
Contact a Trusted Friend or Family Member
Once you can, contact a friend or family member to help with bail arrangements or bring you necessary items, such as your identification. It’s essential to have a support system to help with practical matters while you focus on preparing your defense.
Defense Strategies in Florida Keys DUI Cases
The best defense against DUI charges depends on the facts of your case, but some possible strategies include:
- Illegal Stop or Search: If the police did not have a valid reason to stop you or conduct a search, any evidence gathered could be inadmissible in court. Your attorney can challenge the initial traffic stop and any subsequent searches.
- Field Sobriety Test Accuracy: Field sobriety tests are subjective, and factors like fatigue, medical conditions, or poor road conditions can cause inaccurate results. Your lawyer can argue that the police did not conduct the tests properly or misinterpreted the results.
- Breathalyzer Machine Malfunction: Breathalyzer results may be inaccurate if the police didn’t calibrate or maintain the machine properly. A DUI defense attorney can question the accuracy of the breath test and challenge the results.
- Medical Conditions or Medications: Certain medical conditions or medications can cause symptoms that mimic signs of intoxication, like slurred speech or unsteady balance. A defense attorney can argue that your condition, not alcohol, led to these symptoms.
Contact Our Monroe County, FL, DUI Defense Attorneys
At Reed Palacios Law Offices, our 30+ years of legal experience include many DUI cases. We know the strategies prosecutors use to convict you and, more importantly, how to counter them. We’ll examine your case from every angle to look for ways to reduce your charges or get them dropped entirely. Call now or complete our contact form for a free consultation.