Be polite, cooperative and careful
If you are ever stopped by a police officer for DUI, there are some guidelines you should follow. Some states call it driving while intoxicated (DWI); under Florida law it is driving under the influence (DUI). Be as cooperative and polite as possible when the officer is giving instructions, and pay close attention to those instructions.
Officers are trained to be cautious and to protect themselves, so do not make sudden movements, and keep your hands on the wheel.
Watch what you say
Your choice of words is just as important. Do not incriminate yourself with a poor choice of words (for example, “I couldn’t do that if I was sober”). Measure your words carefully and say as little as possible, while still remaining polite and cooperative. Do not lie to the officer. You may politely decline to answer questions about where you were and what you drank.
Assume you are on camera
During a DUI investigation in South Florida (Broward, Miami-Dade and Palm Beach counties), it is more likely than not that you will be recorded for presentation in the courtroom. That is why Adam stresses cooperation and politeness. Hostility toward a police officer does not translate well for a defendant on camera. The recording may begin while you are still driving, so assume you are being recorded throughout the investigation, the arrest and afterward.
What the officer is watching for
From the first moment of the stop, the officer is looking for signs that your normal faculties are impaired.
- In the car. As with any traffic stop, you will be asked for your license, registration and insurance. The officer watches whether you produce them without dropping them, fumbling through them or passing over the ones requested. Most officers treat those as signs of impairment, along with the odor of alcohol, slurred speech, bloodshot, red or watery eyes, and a flushed face.
- Stepping out. If the officer believes you may be impaired, you will be asked to step out of the vehicle. The officer watches whether you use the door for support, stumble as you get out, are unsteady on your feet or lean on the car to keep your balance.
- The field sobriety exercises. Next the officer asks you to perform field sobriety exercises, which are meant to test whether you can do more than one thing at a time, the way driving requires. They include the horizontal gaze nystagmus (HGN) test, the walk and turn, the one-leg stand, the finger to nose and the Romberg balance. The HGN usually comes first; the officer holds a light or pen in front of your face and asks you to follow it with your eyes only, without moving your head. Many officers make the arrest decision from what they see during this exercise.
The field sobriety exercises are voluntary. Florida law does not require you to perform them. If you decline, the officer will tell you that the arrest decision will be based on everything else they observed. Remain cooperative and polite either way.
An arrest is not a conviction. An officer needs only probable cause to arrest you; the State has to prove the charge beyond a reasonable doubt to convict.
Prescription drugs count. Many people believe they cannot be charged with DUI for a drug their doctor prescribed. That is not true. If the drug is a chemical substance or a controlled substance under Florida law (chapter 877 or 893), you can be arrested and convicted of DUI when it impairs your normal faculties.
You will make some decisions on your own
Most importantly, contact a lawyer as soon as you can. During a DUI stop, though, it is extremely unlikely that an officer will give you the chance to call one. An experienced officer, such as a member of a DUI task force, may tell you that you are not entitled to call a lawyer during a DUI investigation. For most people this runs against what they understand about their constitutional rights, but it is the reality at the roadside. You will be making some crucial decisions on your own, including whether to take field sobriety exercises and whether to take a breath test. Read about breath test refusal before you ever face that choice.
What DUI means in Florida
Florida law defines DUI as driving or being in actual physical control of a vehicle while under the influence of alcohol, a chemical substance or a controlled substance to the extent that your normal faculties are impaired, or with a blood or breath alcohol level of .08 or more. Normal faculties include, among others, the ability to walk, talk, judge distances, act in emergencies, drive, and in general perform the many mental and physical acts of daily life.
If you are convicted of a first DUI, the maximum penalty is up to 6 months in jail, or up to 9 months with a result of .15 or more or a minor in the vehicle. If someone was seriously injured or killed, the charge becomes a felony with a much longer prison sentence; DUI manslaughter carries a 4-year minimum mandatory. See Florida DUI penalties.
Why you should act quickly
A Florida DUI can mean a driver license suspension, jail and many other consequences. Any delay can hurt you, including a weaker bargaining position in the criminal case, and you do not want to risk losing your driving privilege. You have only 10 days to act on your license. If you were arrested, read what to do after a DUI arrest.
A word on prevention
The surest way to avoid a DUI arrest or conviction is to not drink and drive. If you have any doubt about whether you should drive, take other transportation or call a friend. If you are arrested for DUI in South Florida, call Adam Harmelin at (954) 294-9372 for a free consultation.
Broward DUI defense attorneys like Adam know the public has little patience for people accused of DUI. But the presumption of innocence still exists, and if you are arrested for DUI or any other crime, you have the right to a lawyer.