If the police have ever stopped you after a fun gathering, you know how badly it can turn the mood around. Suddenly, the drinks you just shared with loved ones can wind up haunting you for a long time. But it doesn’t have to be that way during a DUI stop!
With the right knowledge and responses, you can avoid self-incrimination. You may be able to protect other rights and legal interests in a DUI stop. In this brief guide, learn more about how you can get the best result in a DUI traffic stop.
Legal Contrext for DUI Stops in Florida
Florida’s traffic laws create several penalties for different kinds of DUIs. The charges for simply driving under the influence are slightly different from those when a DUI results in some damage (e.g., DUI with property damage). For this article, we’ll focus on cases where the cops have stopped you without there having been an accident or damage of some kind.
Within the scope of DUIs without any consequential damage, there are multiple blood alcohol concentration (BAC) limits, all of which apply in different scenarios. The main BAC limits are are:
- The standard 0.08% BAC limit applies to drivers older than 21 years old driving for personal transport
- For those under 21, the limit is 0.02% because of Florida’s zero-tolerance policy on underage drinking
- For anyone operating a commercial vehicle, the limit is 0.04%
- For anyone with a 0.15% BAC or higher, there’s a heavier penalty for an aggravated DUI
The police usually test your BAC level with a breathalyzer, but they can also get your BAC from blood or urine samples. However, you don’t have to exceed the limit to face DUI charges.
If you’ve consumed alcohol or any other faculty-impairing substances, you may still show signs of impairment even if your BAC is below the legal limit. Weaving on the road, driving too slow or too fast, and sporadically accelerating and decelerating the vehicle are all signs of this type of impairment.
If the police see these signs, they may stop you and try to administer a field sobriety test. Failing one of these tests can result in charges regardless of your BAC level.
Understanding Your Rights in a DUI Stop
During a DUI stop, the Fifth Amendment protects your right to remain silent, allowing you to avoid self-incrimination. You can politely decline to answer questions about drinking without providing false information. If you have had something to drink, you can refuse to answer questions until you’ve spoken to your attorney.
You are also allowed to refuse the breathalyzer and other chemical tests. However, this can result in severe penalties.
Florida State has an Implied Consent Law, which states that you agreed to follow the law, including submitting to chemical testing, when you got your license.
Refusal to take a breathalyzer test can lead to:
- Having your license suspended for a year for the first refusal (and harsher penalties for subsequent refusals)
- The refusal itself being admissible as evidence against you in trial
While refusal of chemical testing may avoid immediate incriminating results, it can complicate your legal situation. However, the refusal to undergo field sobriety testing has far less severe consequences. However, refusing FSTs may still raise suspicion and be used against you in court as evidence of impairment.
Responses That Can Help Enforce or Protect Your Rights
As a rule, it’s best to stay calm and respectful in all interactions with law enforcement. Maintain a calm demeanor and address the officer politely regardless of whether or not you’ve had something to drink. This can prevent escalating the situation and help the exchange go much smoother.
If you aren’t going to exercise your right to remain silent, you must avoid lying. Inconsistencies will come out in court and be used as evidence against you. Lying to the police during a DUI stop can also be a first-degree misdemeanor (for first-timers) or a third-degree felony (for subsequent cases).
What to Say if You Haven’t Been Drinking
If the police ask whether you’ve been drinking, and you haven’t, then there’s no problem with the simple, honest answer. The police may want to administer a breathalyzer in any case.
There’s no issue with agreeing to a breathalyzer test, as it will confirm you have no alcohol in your system. Refusing the test, despite being sober, could lead to unnecessary complications and harsher consequences
What to Say if You Have Been Drinking
If you have been drinking, it’s crucial to exercise your rights carefully. Politely provide any documents they request, such as your license and registration, while remembering your right to remain silent.
You are not obliged to answer questions about drinking. A response like, “I would like to speak with an attorney before answering any questions,” can protect your interests.
A response like this does not defeat the investigation. Instead, it would likely lead the law enforcement officer to try to rely on other forms of evidence. This could include:
- Administering a field sobriety test
- Administering a breathalyzer test
- Lawful arrest in cases where there’s probable cause (e.g., a strong alcohol smell, erratic driving, failing a field sobriety test)
Although these outcomes aren’t ideal, you get the advantage of not incriminating yourself. There are also strict legal procedures police must follow when taking you into custody and taking chemical specimens for testing. With the right DUI attorney, any break in the procedural chain can be challenged in court.
Protecting Your Rights on Florida’s Roads
Remember that you have rights when questioned by police in a DUI stop. It’s crucial that you exercise these rights while remaining respectful and as compliant with lawful requests as possible. Giving the right answers to traffic stop questions can result in the police letting you go or at least giving you many ways to protect yourself in subsequent legal proceedings.
If you’re looking for the best DUI attorney advice, RHINO Lawyers revolutionize legal services for the modern world with innovative, client-first solutions. We offer prompt, personalized communication and use data-driven strategies for exceptional results. Contacte con nosotros hoy mismo, and let us protect your rights in any DUI case you may face.
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