If you’ve been stopped at a Florida DUI checkpoint or you’ve been pulled over by a law enforcement officer, you may be concerned, especially if you have been drinking at all. DUI Defense Attorneys in West Palm Beach, Farkas & Crowley caution that you need to be wary about what will happen in the next few minutes.
You’ll be asked for your license, proof of insurance, and proof of registration, so provide that cooperatively.At all times, be polite when answering questions but do not be chatty. Remember that the interaction with the officer is likely being recorded on a body cam, a dash cam, or both. Following the initial contact, consider your next actions carefully.
DUI Defense Attorneys’ Advice about Answering Questions
An officer may stop someone if they suspect a DUI. At that point, you are under suspicion and the officer will be looking for indications his suspicion is correct. Obviosly do not drive off. Fleeing will not help the situation and will incur charges. When stopped, roll down the window, turn off the ignition, and remain calm.
The officer will likely ask for driver’s license and other information such as proof of insurance. Calmly provide what is requested.
They may then begin asking questions. With questions, you will want to avoid volunteering that you have been drinking. The officer may ask, “Where are you headed?” or “Where have you been?” They may even ask you if have been drinking. Don’t lie to the officer, but don’t be quick to offer up that information, either. Keep answers short. Always be cautious and careful when speaking with the police as what you say can be used against you later if you are arrested for a DUI (Driving under the influence of alcohol or drugs)
If you prefer not to answer these questions, politely decline. If the officer suspects you are impaired, you will be arrested unfortunately. If you are possibly impaired, you may not realize it and talking your way out of getting arrested may not be possible. At this point, you do not want to provide the officer with “proof” that you are drunk or impaired.
But being arrested and being convicted are two different things. Once arrested, definitely exercise your right to remain silent and have an attorney with you before answering any questions or making any other statements. Once you request legal counsel, the officer must suspend questioning, since you have the right to an attorney. Should the officer persist, you can remind them that you have already invoked your “right to remain silent,” and will not be answering questions without your lawyer present.
DUI Defense Lawyers Explain Testing At The Scene
You may be asked to take a standard Field Sobriety Test (FST.) If so, the officer already suspects DUI. If you haven’t been drinking, you may feel like you’ll ace this test. However, you may want to think about consider declining the testing. You may have physical impairments, balance problems, illness, effects of certain medications that affect motor skills, and even be tired, all of which can cause police to believe you are “intoxicated.” If there are other signs of intoxication, such as an alcohol smell, bloodshot eyes, or slurred speech, the officer can arrest you on their suspicions.
Most police officers use a Breathalyzer to check for alcohol in their system, called Blood Alcohol Content (BAC.) Consider refusing this test if you believe you’ll fail, with the understand that refusing comes with consequences like being arrested. If you take it and pass, you may be allowed to go, but you could also still be arrested as a measurement below the legal limit (.08 BAC) can still be interpreted as impairment along with other signs. If you do take a breathalyzer test and fail (over the legal limit), your DUI defense attorney will try and use as a defense that breathalyzer testing is not always accurate, especially if the machine has not been correctly calibrated.
DUI Checkpoints
Florida police run about 15 to 20 checkpoints monthly throughout the state and are required to publish a list. You can find them on DUIBlock.com.
Checkpoints are intended to get drunk drivers off the road. But many people feel their constitutional rights are violated by them. Police will stop cars randomly to avoid any appearance of profiling.
If you don’t want to go through the checkpoint, you can turn around and go in the other direction, but only if you can turn legally. Making an illegal U-turn will cause an officer to follow you and pull you over anyway.
DUI Defense Attorneys In West Palm Beach
If you are charged with DUI, you need a good DUI lawyer! Avoiding conviction will be critical to avoid jail time, fines, and other penalties. Though being arrested will be inconvenient, and at times, frightening, it is a small issue in comparison to a conviction. Be patient and as soon as possible, when allowed, call the lawyers of Farkas & Crowley. Do not say anything without the presence of your lawyer.
Adam Farkas and Jacqueline Crowley are experienced DUI defense attorneys i West palm Beach serivng clients in West palm Beach and throughout Palm Beach County and surrounding areas. They are ready to defend you against Florida DUI charges. Call (561) 444-9529. Call us 24/7. We are here when you need us!
If you have been charged with a DUI in West Palm Beach, contact Farkas and Crowley P.A. today.
