December 30, 2014
With Christmas behind us and the New Year’s holiday looming ahead, many Florida drivers are distracted by all the holiday parties and family gatherings and are not as persevering about designating a sober driver or staying sober for the ride home.
Florida law enforcement officials are not distracted during this holiday season. In fact, they are patrolling for drunk drivers throughout the month of December and New Year’s Eve and setting up DUI checkpoints.
What Should I Do If I Have Been Drinking and I am Pulled Over by the Police?
- The most important thing to remember is to be polite with the police officer that pulls you over. Being confrontational or acting rude will only put you in jail quicker.
- Know your rights. You do have the right to refuse all field sobriety tests. These tests only help the arresting officer build a stronger case against you. Understand that police intend to use the results of any test against you in court.
- You also have the right to refuse a breathalyzer, blood or urine test. Remember though, if you do refuse these test, you face a one-year suspension of your driver’s license.
- Law enforcement is recording you. Be sure to watch how you act and what you say.
- An officer will likely ask you various questions about what you were doing in the hours leading up to your vehicle being stopped. You do not have to answer an officer’s questions about whether you had anything to drink that night, where you were coming from, or any other questions. The most appropriate response to these questions is to politely request to speak to your attorney before answering questions.
If Pulled Over for DUI, What Type of Field Sobriety Tests Will the Police Administer?
There are various field sobriety tests conducted by police, including the following:
- The Eye Test also known as the HGN Test
- The One Leg Stand
- Alphabet Recitation
- Walk & Turn
- Nose Touch
Questions you can expect to be asked by police:
- Where are you coming from?
- Have you been drinking?
- Who have you been with?
- Where are you going?
It is important to be respectful to the arresting officer, but you do NOT have to discuss any personal information. You do not have to tell the officer where you are coming from, where you are going or who you have been with.
If you are stopped for a DUI this New Year’s Eve in Florida, remain calm and remember your rights. A Florida DUI Defense Lawyer at Whittel & Melton can assist with your case and make sure your rights are protected. Call us for a free consultation toll-free at 866-608-5529 or contact us online.