Being arrested for DUI is always a stressful experience. That said, knowing what to do and say in this situation will be a big help in protecting your rights.
Why is this important? Simple: a DUI stop in Florida is a fairly complex procedure, and there’s plenty of space to make a mistake. The consequences of this mistake can be serious, potentially including license suspension and jail time.
Do you think you might be facing a Detención por DUI in Florida? Here’s what you can expect from this process and how to navigate it effectively!
What Happens During a DUI Arrest?
One of the first steps in a DUI arrest involves being stopped for a DUI check. The officer will then use field sobriety and/or chemical testing.
Field Sobriety DUI Tests
Most officers will first ask you to complete a field sobriety test. This is a series of physical and cognitive exercises designed to assess your impairment.
What you may not know is that field sobriety tests are voluntary in Florida. There are no penalties for refusing. However, if you choose to take the test, the results (which may be inaccurate) could lead to a Detención por DUI.
The three most common field sobriety tests are:
- One-leg stand test
- Walk-and-turn test
- Horizontal gaze nystagmus test
1. One-leg stand (OLS) test
For a one-leg stand test, the officer will ask you to stand on one foot and count aloud to 30. Your other foot should be raised about six inches off the ground. Being unable to stand for 30 seconds is an indicator that you’re intoxicated.
2. Walk-and-turn (WAT) test
As the name implies, this test involves you walking in a straight line. You’ll need to walk heel-to-toe for a set number of steps, turn around, and walk back. The officer will evaluate your coordination and the ability to follow instructions.
3. Horizontal gaze nystagmus (HGN) test
During this test, the officer will move a pen or finger in front of your eyes and ask you to follow it. They’ll look for involuntary jerking movements, which are another common sign of driving under the influence.
Chemical DUI Tests
If you fail or refuse a field sobriety test, the officer will likely ask you to submit to chemical testing. The goal is to measure your blood alcohol content (BAC).
In Florida, you can refuse chemical testing as well. However, doing so carries major consequences, regardless of whether you’re convicted of DUI or not. The two most common chemical tests are the breath and blood tests.
1. Breath Test
During this test, the officer will use a machine known as a breathalyzer to measure your blood alcohol content. In Florida, any result over 0.08% means you’re driving under the influence. That said, some readings may be inaccurate.
2. Blood Test
In some cases, the officer may ask you to submit to a blood test. This involves having your blood drawn by a qualified professional. In DUI cases involving serious injuries or death, the blood test may be mandatory.
What Are My Rights at a DUI Stop?
It’s very important to know your DUI legal rights in Florida, as everything you do or say can impact the outcome of the arrest. Your key rights include:
Right to Remain Silent
If you’re stopped under suspicion of DUI, you have the right to remain silent. You don’t have to answer any questions about your alcohol consumption or prior activities. The only thing you need to do is provide documentation:
- Your name
- Driver’s license
- Vehicle registration
- Proof of insurance
Right to Request an Attorney
If you’re arrested, you can always ask for a DUI lawyer in Florida. Handling DUI charges on your own is usually not a good idea. Your attorney can guide you through the legal process and will help protect your rights and interests.
Right to Implied Consent Notice
During a DUI arrest, you have the right to be informed of the implied consent law. This law states that a driver arrested for DUI must consent to a blood or breath test. The consent notice is what gives the officer a legal basis to request the test.
Right to Refuse Field Sobriety Tests
As mentioned, field sobriety tests are voluntary. In some cases, it’s possible to fail these tests even if you’re fully sober. Even so, the law can use the results of these tests to establish probable cause for your DUI arrest.
Preguntas más frecuentes (FAQ)
What Should You Not Do at a DUI Stop?
The Florida arrest process can be tricky to navigate. One thing you should never do, however, is resist the potential arrest. Listen to the officer, consent to the blood and breath tests, and remain non-confrontational.
What Are the Consequences of a DUI In Florida?
Florida DUI penalties largely depend on whether you’re a repeat offender or not. If this is your first Detención por DUI, you can expect the following penalties:
- A $500 to $2,000 fine
- Up to nine months in jail
- A license suspension (for 6-12 months)
- 50 horas de servicio comunitario
Repeat offenders face larger fines and more jail time. They may also get additional penalties, such as having to use an interlock ignition device. A fourth or greater offense will lead to a third-degree felony charge and up to five years in jail.
How to Avoid Incriminating Yourself at a DUI Stop?
Beyond cooperating with the officer, avoid saying too much at a DUI stop. The less you say, the easier it is to avoid incriminating yourself. For instance, never say that you were drinking earlier in the day or that you’re coming from a party.
DUI Arrest in Florida? We Can Help!
If you follow this guide, your Detención por DUI should be reasonably uneventful. At this point, your next step should be to hire a DUI lawyer to represent you.
En RHINO Lawyers, we’ve handled a variety of Florida DUI cases. Defending a DUI is complex, with many potential pre-trial defenses and approaches. When we learn about the facts of your case, we’ll know how to protect your driving privileges.
Our injury and traffic attorneys have recovered almost $100,000,000 for our clients. Find out if we can do the same for you via this evaluación gratuita del caso!
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