It's late; you're driving home after having a few drinks hours before. All of a sudden you catch a glimpse of blue and red lights in your rearview mirror- you're being pulled over. What do you do? What don't you do?
As long as you're calm, you're in a much better situation. First off, pull over out of the way of traffic. Turn the car off, and get your license and registration ready. Stay in the car, do NOT get out. That's a good recipe for ending up with guns trained on you, and you face first in the asphalt.
At this time, it would be a great idea to mind your P's and Q's. Starting with a little respect and courtesy. Don't argue, don't berate the officer for pulling you over. Nine times out of ten, it's better to say little to nothing.
"Have you been drinking?" Depending on the time of day, where you're stopped you're likely to get this question. Now, you aren't obligated to answer the question. In fact, you could choose to plead the fifth and not answer the question. However, that's a risk you'll take, as you're more likely to be questioned more aggressively.
On the flip side, being honest isn't always the best policy. Not that we would recommend that you think in your head, No Officer I haven't been drinking fruitpunch in the last 12 hours, while you answer no. It's just best that for the most part you answer as little as possible.
What many people don't know is that the field sobriety tests, following a penlight, walking a straight line, standing on one leg can be legally refused as well. You do not have to submit to these tests, they are usually not standardized or reliable, and training is kind of hit or miss.
These sobriety tests are not to be confused with chemical tests- blood, urine, or breath tests, which chemically measure the amount of alcohol in a person's system. Florida, along with every other state except Nevada, has an Implied Consent Law. This law states that upon receiving a valid Driver's License you have given consent to taking one of these tests if suspected of DUI; and upon refusal, your license will be suspended. Therefore, it is in your best interest to agree to a chemical test. If the test finds your BAC (blood or breath alcohol content) above the legal limit of 0.08% you will be convicted of DUI.
Even if you are found guilty by the officer, continue to remain calm. Throughout the ordeal it is in your best interest to cooperate with the officer. Do not actively incriminate yourself by arguing or becoming hostile. Rather than physically fight the officer, wait patiently and fight the DUI in the courtroom with an experienced attorney- the outcome will be much more favorable.
About the Author
The Jacksonville Criminal Defense Law Firm of L. Lee Lockett offers competent Criminal Defense for all Jacksonville DUI cases.
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