You’ve Been Arrested for DUI in Florida – Now What?
Being arrested and charged with a DUI is a terrifying experience, and perhaps the worst part
of the situation aside from the consequences you face is that you have no time to deal with
the problem. You need to act fast and decisively if you are arrested for DUI in Miami, and
below is a brief look at how to proceed in furtherance of the defense you and your Miami DUI
lawyer will build on your behalf.
Be Polite with the Officer
The worst thing you can do if you are pulled over for a suspected DUI is to become
antagonistic or abrasive with the officer. Do not act in a confrontational manner, and do not
do or say anything that the officer doesn’t specifically ask you to do or say. You will only
arouse suspicion of you act that way, so treat the officer with respect.
Gather the Facts
If you are arrested for DUI, you do have the Constitutional right to speak to a Miami DUI
attorney while you are being questioned. However, many DUI arrests do not involve any sort
of interrogation at the precinct, and basically they’ll write you the citation and send you on
your way. When this is complete, make sure that you immediately write down everything that
happened that led to your arrest, as it will be much easier to recall certain facts if they’re in
writing. Do not edit yourself – you never know what fact will become crucial to your defense.
Administrative Proceeding
One of the most overlooked, but critical, components of every DUI proceeding is the
administrative hearing that occurs with the Florida Department of Highway Safety and Motor
Vehicles. This hearing will generally occur within a few days of your arrest, and you are
required to be present at this hearing, which will determine whether or not your driving
privileges will continue. Failure to respond or appear at this hearing will result in an automatic
revocation of your driver’s license.
Legal Proceeding
Even with the administrative hearing in place, you obviously still need to work with your West
Palm Beach drunk driving lawyer to make sure that you mount as strong a defense as
possible. You and your attorney will look for problems with your arrest, your questioning, your
field sobriety test or any other reason that the arrest could be seen as problematic in terms
of the Constitution. These are only a few examples of what could be done to bolster your
case, and the specific strategies you’ll use will depend on the facts of your case.
Regardless of what happened or how it happened, one thing that you need to understand is
that if you have been arrested for DUI in Florida, you need to act immediately and
aggressively to protect your rights.
Contact a Miami DUI Lawyer
When you’ve gathered your facts, contact an attorney immediately. He or she will be able to
help you organize and analyze the facts that led to your arrest, and he or she will also be
able to help you identify the issues you face. You will need an attorney to fight for your rights
in every respect, and this is definitely not a situation in which you should attempt to fight your
own battle – you need legal representation to make sure that none of the rights available to
you go unenforced.
Being arrested and charged with a DUI is a terrifying experience, and perhaps the worst part
of the situation aside from the consequences you face is that you have no time to deal with
the problem. You need to act fast and decisively if you are arrested for DUI in Miami, and
below is a brief look at how to proceed in furtherance of the defense you and your Miami DUI
lawyer will build on your behalf.
Be Polite with the Officer
The worst thing you can do if you are pulled over for a suspected DUI is to become
antagonistic or abrasive with the officer. Do not act in a confrontational manner, and do not
do or say anything that the officer doesn’t specifically ask you to do or say. You will only
arouse suspicion of you act that way, so treat the officer with respect.
Gather the Facts
If you are arrested for DUI, you do have the Constitutional right to speak to a Miami DUI
attorney while you are being questioned. However, many DUI arrests do not involve any sort
of interrogation at the precinct, and basically they’ll write you the citation and send you on
your way. When this is complete, make sure that you immediately write down everything that
happened that led to your arrest, as it will be much easier to recall certain facts if they’re in
writing. Do not edit yourself – you never know what fact will become crucial to your defense.
Administrative Proceeding
One of the most overlooked, but critical, components of every DUI proceeding is the
administrative hearing that occurs with the Florida Department of Highway Safety and Motor
Vehicles. This hearing will generally occur within a few days of your arrest, and you are
required to be present at this hearing, which will determine whether or not your driving
privileges will continue. Failure to respond or appear at this hearing will result in an automatic
revocation of your driver’s license.
Legal Proceeding
Even with the administrative hearing in place, you obviously still need to work with your West
Palm Beach drunk driving lawyer to make sure that you mount as strong a defense as
possible. You and your attorney will look for problems with your arrest, your questioning, your
field sobriety test or any other reason that the arrest could be seen as problematic in terms
of the Constitution. These are only a few examples of what could be done to bolster your
case, and the specific strategies you’ll use will depend on the facts of your case.
Regardless of what happened or how it happened, one thing that you need to understand is
that if you have been arrested for DUI in Florida, you need to act immediately and
aggressively to protect your rights.
Contact a Miami DUI Lawyer
When you’ve gathered your facts, contact an attorney immediately. He or she will be able to
help you organize and analyze the facts that led to your arrest, and he or she will also be
able to help you identify the issues you face. You will need an attorney to fight for your rights
in every respect, and this is definitely not a situation in which you should attempt to fight your
own battle – you need legal representation to make sure that none of the rights available to
you go unenforced.
by: Mark Hiens
2008 (c) notjustmyflorida.com