Stopped For a DUI: What next?
Jim Roberts
You've had a few drinks and amazingly just when you were hoping it wouldn't happen, you get that feeling in the bottom of your stomach when you look behind you and see flashing red and blue lights. All is not lost, stay calm and focused, you can get out of this situation unharmed if you just keep your head.
Now, easier said than done, but the first priority is to remain calm. Nothing is set in stone yet, and it may just be a busted out tail light. Pull over as soon as safely possible, and get ready for the officer. Turn off the car, the radio, and put your cellphone down. Get your license and registration ready for the officer. And whatever you do, please stay in the car. It makes police officers very uneasy when you come out of the car unprompted, as their lives could be put at risk if you have a loaded weapon.
As you can expect, you'll be better off if you treat the officers with respect and courtesy. If you become belligerent, you're more likely to be arrested. In most cases, it's better to say nothing at all under most circumstances.
"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.
Honesty will not get you out of a DUI. In fact, divulging that you just spent the past four hours at a bar because you broke up with your boyfriend is more than likely going to be used against you in court, so rather than risk incrimination, politely decline to answer the question.
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.
If the test turns out positive, it is still worth it to remain calm and courteous. As long as you cooperate you are in a much better position to be given some leniency. Becoming hostile or arguing are pretty much a guarantee that you'll be charged to the full extent. If you consult with an experienced attorney to represent you, you have the greatest chances to come out of this experience with as little harm as possible.
If you've been accused of a dui in the Jacksonville area, contact Lee Lockett a http://www.lockettlaw.net/ Jacksonville Florida DUI Attorney specializing in http://www.lockettlaw.net/ Jacksonville Criminal Defense and DUI. Get your own completely http://www.uberarticles.com/?id=35486&b=79 unique content version of this article.
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