Many people are unsure what they should do when they're stopped by police for driving under the influence of drugs or alcohol (DUI). If you should ever be pulled over for a suspected DUI, there are several things that you should do and even more things that you should avoid doing. By following these steps, you can save yourself a lot of trouble and improve your chances of beating a DUI charge.
Keep in mind that no single answer will be applicable to all situations, as each individual DUI is different from the next.
1. Don't Say Anything!
The best thing to say is nothing at all. When asked for your license and registration, silently hand them over. If an officer starts asking you questions, simply respond by saying "I am invoking my Fifth Amendment right to remain silent and consult with an attorney."
By not answering questions about where you've been, where you're going, or if you've been drinking, you can stop yourself from possibly divulging incriminating information. If you state to an officer that you have been drinking, you are legally testifying against yourself and doing the prosecution's work for them. Don't give them anything. You have the right to remain silent, so exercise that right.
2. You Don't Have to Take a Sobriety Test
Contrary to what most would believe, you are not required to take a field sobriety test. Compliance with a sobriety test can only serve to hurt you by giving the prosecution more evidence. In addition, there is no way that you can objectively pass or fail a field sobriety test, as they can only give the responding officer clues as to your current state.
If asked, tell them that you are not comfortable performing unfamiliar agility exercises without the presence of your attorney. This also applies to handheld Breathalyzer tests, as you can decline by saying that you have no confidence in their accuracy and are turned off by their unsanitary nature.
It is only after you have been arrested that you will be required to take a chemical test at the police station. Refusal will most likely result in a lengthy license suspension. In this case, it is advised that you submit to a breath, blood, or urine test to avoid incurring these penalties.
3. Contact an Experienced Miami DUI Attorney
If you have been pulled over for a DUI, it is imperative that you retain the competent and knowledgeable services of Miami criminal defense lawyer Jonathan Blecher. He has extensive knowledge of DUI/DWI law and can anticipate what the prosecution may try to use against you. With compassion and a personalized approach to your case, he can help you craft a robust defense that can improve your chances of a favorable outcome.
Get the defense you need from an attorney you can trust. Fill out a free case evaluation to get started towards award-winning representation.