This Legal Guide will try to provide you with some basic information regarding what you may encounter if investigated for driving under the influence in the state of Florida and provide suggestions to help you in the aftermath of such an arrest.
1
What to do if you're stopped in Florida for suspicion of DUI
When stopped by a police officer for suspicion of DUI the first things you should consider are simple. First, pull over as soon as it is safe; remember to be polite and respectful. Be prepared to produce your driver license and registration; most DUI officers consider difficulty in producing those documents as a clue that the driver is impaired.
2
Be careful what you say
The officer may ask you if you have been drinking; consider your answer carefully. If you have in fact been drinking, it is highly likely that the officer will smell the odor of alcohol in your breath; if you deny drinking you will loose all credibility with the officer and later, if your case goes to trial, and you admit that you in fact had consumed alcohol, you will have to acknowledge to the jury that you lied to the police officer. Keep in mind that asking if you've been drinking, is not the same as asking you how much you've had to drink. You should not volunteer that information to the officer. Remember he is conducting a criminal investigation; this is not the time for chitchat.
3
Field Sobriety Exercises - should you do them?
The officer is likely to ask you to step out of the vehicle and perform Field Sobriety Exercises (FSEs). Getting out of the vehicle may be of some significance; officers often look to see if you use the vehicle for support when exiting and will note that in his report as a clue of impairment.
Whether or not to perform FSEs is a difficult question. If you elect not to perform such exercises, you will be giving the officer and ultimately the prosecutor very little evidence with which to obtain a conviction. Obviously, this is helpful. On the other hand, it is highly likely that your refusal to perform FSEs will be admitted at trial and the prosecutor will argue to a jury that this is evidence of your guilt. Additionally, if you refuse to perform FSEs it is nearly certain that the officer will arrest you.
4
What should you do if you agree to do FSEs?
In performing FSEs the first thing you must do is to listen carefully to the officer's instructions. Any deviation from his instructions will be seen as a clue of impairment. His instructions however, are likely to be somewhat confusing. The first thing he will tell you is to stand with one foot in front of the other, with the heel of one foot touching the toe of the other foot. You are to stand in that position while listening to his instructions with your arms by your side. This is in a comfortable position to maintain and you're likely to want to change to a more natural and comfortable position; however if you do so, the officer is likely to say that you failed to follow instructions or had difficulty maintaining your balance.
5
Do not begin any exercise until told to do so
It is human nature in a situation like this to be eager to show your ability to do what you're being asked and, as a result, you are likely to attempt to begin the exercises before the officer instructs you to do so. This is confounded by the fact that the officer is likely to pause his instructions in a way that may lead you to think that he is done instructing you. Be careful; do not begin the exercise until he explicitly instructs you to do so. If you begin before he instructs you to do so, he will note that as a clue of impairment.
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