Being arrested for DUI is always a stressful experience. That said, knowing what to do and say in this situation will be a big help in protecting your rights.<\/p>\n
Why is this important? Simple: a DUI stop\u00a0in Florida is a fairly complex procedure, and there’s plenty of space to make a mistake. The consequences of this mistake can be serious, potentially including license\u00a0suspension and jail time.<\/p>\n
Do you think\u00a0you might be facing a\u00a0<\/span>DUI arrest<\/strong>\u00a0<\/span>in Florida? Here’s\u00a0what you can expect from this process and how to navigate it effectively!<\/p>\n One of the first\u00a0steps in a DUI arrest involves\u00a0being stopped\u00a0for a DUI check. The officer\u00a0will then use field sobriety and\/or chemical testing.<\/p>\n Most officers will first ask you to complete a field sobriety test. This is a series of physical and cognitive exercises designed to assess your impairment.<\/p>\n What you may not know is that\u00a0<\/span>field sobriety tests are voluntary in Florida<\/strong><\/em>. There are no penalties for refusing. However, if you choose to take the test, the results (which may be inaccurate<\/a>) could lead to a\u00a0<\/span>DUI arrest<\/strong>.<\/p>\n The three most common field sobriety tests are:<\/p>\n For a one-leg stand test, the officer will ask you to\u00a0<\/span>stand on one foot and count aloud to 30<\/strong><\/em>. Your other foot should be raised about six inches off the ground. Being unable to\u00a0stand\u00a0for 30 seconds is an indicator that you’re intoxicated.<\/p>\n As the name implies, this test involves you\u00a0walking in a straight line. You’ll need to\u00a0<\/span>walk heel-to-toe for a set number of steps<\/strong><\/em>, turn around, and walk back. The officer will evaluate your coordination and the ability to follow instructions.<\/p>\n During this test, the officer will\u00a0<\/span>move a pen or finger in front of your eyes and<\/strong>\u00a0<\/span>ask you to follow it<\/strong><\/em>. They’ll look for involuntary jerking movements, which\u00a0are another common sign of driving under the influence.<\/p>\n If you fail or refuse a field sobriety test, the officer will likely ask you to submit to chemical testing. The goal is to measure your blood alcohol content (BAC).<\/p>\n In Florida, you can refuse chemical testing as well. However, doing so\u00a0<\/span>carries major consequences<\/strong><\/em>, regardless of whether you’re convicted of DUI or not. The two most common chemical tests are the breath and blood tests.<\/p>\n During this test, the officer will use a machine known as a breathalyzer to measure your blood alcohol content. In Florida,\u00a0<\/span>any result over 0.08%<\/strong><\/em>\u00a0<\/span>means you’re driving under the influence. That said, some readings may be inaccurate.<\/p>\n In some cases, the officer may ask you to submit to a blood test. This involves having your blood drawn by a qualified professional. In DUI cases involving serious injuries or death,\u00a0the blood test may be mandatory<\/strong><\/em>.<\/p>\n It’s very important to know\u00a0your\u00a0DUI legal rights in Florida, as everything you do or say can impact the outcome of the arrest. Your key rights include:<\/p>\n If you’re stopped under suspicion of DUI, you have the\u00a0<\/span>right to remain silent<\/a>. You\u00a0<\/span>don’t have to answer any questions<\/strong><\/em>\u00a0<\/span>about your alcohol consumption or prior activities. The only thing you need to do is provide documentation:<\/p>\n If you’re arrested, you can always ask for a\u00a0<\/span>DUI lawyer in Florida<\/a>. Handling DUI charges on your own is usually not a good idea. Your attorney can guide you through the legal process and will help protect your rights and interests.<\/p>\n During a DUI arrest, you have the right to be informed of the implied consent law. This law states that a driver arrested for DUI must consent to a blood or breath test. The consent notice is what gives the officer a legal basis to request the test.<\/p>\n As mentioned, field sobriety tests are voluntary. In some cases,\u00a0<\/span>it’s possible to fail these tests even if you’re fully sober<\/strong><\/em>. Even so, the law can use the results of these tests to\u00a0<\/span>establish probable cause<\/a>\u00a0<\/span>for\u00a0your DUI arrest.<\/p>\n The\u00a0Florida arrest process can be tricky to navigate. One thing you should never do, however, is resist the potential arrest. Listen to the officer, consent to the blood and breath tests, and remain non-confrontational.<\/p>\n Florida DUI penalties largely depend on whether you’re a repeat offender or not. If this is your first\u00a0<\/span>DUI arrest<\/strong>, you can expect the following penalties:<\/p>\n Repeat offenders face larger fines and more jail time.\u00a0They may also get additional penalties, such as having to use an interlock ignition device. A fourth or greater offense will lead to a third-degree felony charge and\u00a0<\/span>up to five years in jail<\/strong><\/em>.<\/p>\n Beyond cooperating with the officer,\u00a0<\/span>avoid saying too much at a DUI stop<\/strong><\/em>. The less you say, the easier it\u00a0is to avoid incriminating yourself. For instance, never say that you were drinking earlier in the day or that you’re coming from a party.<\/p>\n If you follow this guide, your\u00a0<\/span>DUI arrest<\/strong>\u00a0<\/span>should be reasonably uneventful. At this point, your next step should be to hire a DUI lawyer to represent you.<\/p>\n En\u00a0<\/span>RHINO Lawyers<\/strong>, we’ve handled a variety of Florida DUI cases. Defending a DUI is complex, with many potential pre-trial defenses and approaches. When we\u00a0learn about the facts of your case, we’ll know how to protect your driving privileges.<\/p>\n Our injury and traffic attorneys have\u00a0recovered almost $100,000,000 for our clients. Find out if we can do the same for you via this\u00a0<\/span>free case evaluation<\/a>!<\/p>\n RHINO Lawyers can help <\/strong>and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team<\/a> knows what it takes to fight on your behalf.<\/p>\n Let\u00a0RHINO Lawyers<\/strong> answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the \u201cFree Instant Case Evaluation<\/a>\u201d or by calling us any time, day or night, at\u00a0(844) RHINO-77<\/a>.<\/p>","protected":false},"excerpt":{"rendered":" Being arrested for DUI is always a stressful experience. That said, knowing what to do and say in this situation will be a big help in protecting your rights. Why is this important? Simple: a DUI stop\u00a0in Florida is a fairly complex procedure, and there’s plenty of space to make a mistake. The consequences of […]<\/p>\n","protected":false},"author":1,"featured_media":33302,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[42],"tags":[],"class_list":["post-33301","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-traffic-tickets"],"yoast_head":"\nWhat Happens During a DUI Arrest?<\/h2>\n
Field Sobriety DUI Tests<\/h3>\n
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1. One-leg stand (OLS) test<\/h4>\n
2. Walk-and-turn (WAT) test<\/h4>\n
3. Horizontal gaze nystagmus (HGN) test<\/h4>\n
Chemical DUI Tests<\/h3>\n
1. Breath Test<\/h4>\n
2. Blood Test<\/h4>\n
What Are My\u00a0Rights at a DUI Stop?<\/h2>\n
Right to Remain Silent<\/h3>\n
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Right to Request an Attorney<\/h3>\n
Right to Implied Consent Notice<\/h3>\n
Right to Refuse Field Sobriety Tests<\/h3>\n
Frequently Asked Questions (FAQ)<\/h2>\n
What Should You Not Do at a DUI Stop?<\/h3>\n
What Are the Consequences of a DUI In Florida?<\/h3>\n
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How to Avoid Incriminating Yourself at a DUI Stop?<\/h3>\n
DUI Arrest in Florida? We Can Help!<\/h2>\n
CONTACT TAMPA TRAFFIC TICKET ATTORNEY<\/h2>\n