If you’re arrested for DUI, what you do next can make or break your case. A DUI arrest has multiple moving parts and consequences are severe. If you know what to do, you’ll be better prepared to protect yourself if it happens.
The DUI Arrest In Florida
A DUI arrest is not the same as a speeding ticket. It carries high fines, jail time, and other penalties. If you are arrested, it’s best to stay calm and cooperative with law enforcement during the encounter.
Now, IMMEDIATELY invoke your right to silence until you have spoken to an attorney. You are ONLY required to give the officer your name, your driver’s license, proof of insurance, and the vehicle’s registration. You do not need to say anything else, before or after the officer reads your Miranda Rights. This includes questions about where you’re going, where you were, or the subject of drinking. These answers will be used against you in court. Stay silent until you speak to an attorney since even casual remarks will be used in court.
If the officer suspects that you are inebriated, they will then administer one of two preliminary alcohol screens (PAS). The first is a breathalyzer test, and the second is the well-known Field Sobriety Test. Both are to help the officer determine intoxication and if there is probable cause for an arrest. Neither test is required, and you can decline to take them if you’ve not yet been arrested. If the officer believes you are inebriated, you’ll be told why you’re being arrested, handcuffed, and read your Miranda Rights.
When you arrive at the local county jail to be processed, you’ll have to take a urine, breath, or blood test to determine blood alcohol content (BAC) under Florida’s implied consent law. If you refuse, your license will be suspended for one year. You must remain in custody for a minimum of 8 hours, or if your BAC drops below .05%. You won’t be required to post bond for a first DUI.
Post-DUI Arrest
Once you’re arrested, your driver’s license will probably be suspended, but you can use that traffic citation as a replacement for the next 10 days. However, you must act quickly to preserve your driving privileges after the arrest.
Your next step is to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles to challenge your suspension however, you must request this hearing within 10 days of your arrest. In this hearing, you’ll challenge the suspension of your driver’s license following the DUI arrest.
If you don’t request this hearing within 10 days, your license is automatically suspended. That’s why you must act quickly. Your DUI attorney can help you request the hearing and present a strong case. If your request is successful, you may be able to retain your driving privileges until your DUI case is completed.
Getting Legal Representation For Your Defense
Being gathering everything you’ll need to discuss with your DUI charges defense attorney. Including the DUI citation plus other paperwork you received. Locate other relevant documents from the time before you were arrested, such as receipts and other paperwork, and add them to a folder for your attorney.
Print out any pictures, text messages, and social media posts before your arrest, and include them in the folder. Document everything you can recall leading up to the arrest including:
- Time and location of the stop
- How you were driving before the stop
- Law enforcement’s reasons for stopping you
- The officer’s actions and statements to you
- Any testing administered.
Do not POST anything on social media about your arrest, and set your accounts to “private.” Then withhold any discussions of anything alcohol-related, and minimize your activity until your case is resolved to avoid having anything used in court against you.
DUI Charges Defense Attorneys In West Palm Beach
If you are stopped for a DUI, do not answer questions, or speak with police without your lawyer present. Ask for one immediately and do not say anything without the presence of your lawyer. Attorneys like Adam Farkas and Jacqueline Crowley are experienced criminal defense attorneys ready to defend you against Florida DUI charges. Our number is (561) 444-9529, and we’re available 24/7, whenever you need us.
If you have been charged with a DUI in West Palm Beach, contact Farkas and Crowley P.A. today.