Florida DUI Lawyer

Miami Florida DUI Defense

 

NON COMPLIANCE WITH FDLE RULES

The Florida Department of Law Enforcement enacts rules that law enforcement must follow before and after administering any breath, blood or urine test. If police fail to follow any of these very specific rules an experienced Miami DUI Lawyer can file a motion to suppress the breath reading based on non-compliance with FDLE rules.

 

THE CONFUSION DOCTRINE

If an officer mixes up the order in which he reads Miranda rights and Implied Consent Warnings, you may win a Motion to Suppress the evidence of a breath test, or a refusal to submit to a breath test.

 

MIRANDA RIGHTS

What are Miranda Rights? The United States and Florida Constitutions proscribe that a person has the absolute constitutional right to remain silent and not incriminate himself or provide evidence against him. That is, a person does not have to say or do anything that may implicate him in a crime.

A police officer must read you these Miranda Rights in every DUI where the police intend to question you.. If a person chooses to exercise this constitutional right to remain silent, their silence cannot be used against them. This is called exercising your “Miranda Rights”.