If you read newspapers or watch the nightly news you know that DUI is a well-publicized crime. If you read newspapers or watch the nightly news you know that DUI is a well-publicized crime.
Celebrities like Paris Hilton, Nicole Ritchie, Lindsay Lohan and Carmelo Anthony have either been arrested, going to rehab, or going to jail because of DUI convictions.
With public pressure and intense legislation aimed at DUI, the possibility of beating a DUI charge may seem remote. If you are concerned about being pulled over and charged with a DUI, or have already been charged, a conviction does not have to be in your future.
You can take steps to prevent an arrest and to lessen the chances of losing your DUI case if you are arrested.
Before you even go out for a drink get a designated driver or have the phone number to a local cab company on your cell phone. Bars and restaurants will always call a cab for you.
Being proactive and using your head can save lives as well as save you money in the long run.
If you drink and then choose to drive, it is very important to have your driving documents (driver's license, registration, and proof of insurance) ready and accessible. One sign of intoxication commonly reported by police is that the defendant fumbled through his wallet or else had trouble finding his documentation. This can be eliminated if you just keep your documents in one place at all times, with no other clutter to confuse you or get in the way. The best
place to keep these documents is in your wallet behind your license.
It's a natural reaction to try and talk your way out of a police stop, whether it is a traffic ticket or a potential arrest. But, one of the least helpful things to do is give the officer evidence which could be used against you. It is a good idea to always be courteous, but don't be over-eager to help the police do their job.
All that is required of any citizen is to provide a correct name if asked, and to provide all driving documentation. No other communication with the police officer is required by law. If the officer asks you if you know why you were pulled over, you need not respond. In fact, you can just say “No.” or shrug your shoulders and wait for the officer to run your driver license.
Another normal, yet unhelpful reaction is to minimize the amount that you may have had to drink while admitting that you had anything to drink, no matter how small the amount. An admission that you had been drinking, even "a couple" can and will be used against you in numerous ways. First, it can give the officer cause to ask you to do roadside sobriety exercises and/or to arrest you if any other sign of intoxication is present and observed. This admission will also be used against you in court.
The following tips also detail ways in which not to incriminate yourself. However, given their importance they deserve their own headings.
In addition to breath test results, prosecutors will attempt to prove a DUI arrestee's normal faculties were impaired by showing performance on the roadside sobriety exercises.
Don't be fooled. No matter how agile, the odds of you someone passing these exercises is bad. These tests are designed for failure. People who have had nothing to drink fail these tests.
Each will test not only test your physical ability but also your mental abilities. Imagine yourself walking the plank while at the same time being required to remember the names of the 13 Original Colonies and you will have some understanding of what it is like to undergo the Standard Field Sobriety Exercises.
For example, during the "Walk-and-Turn" exercise the driver is instructed to stand in a ready stance with heel touching his toe and hands at sides. He must remain in this position during the instructions. Then, he is then instructed to walk nine steps touching heel to toe on each and counting aloud each step. At the end of nine steps the driver is instructed to make a turn consisting of four small steps, then proceed to take nine steps back to the start, again touching heel to toe with his hands at his sides.
This isn't easy. There are over eight ways to show a sign of impairment on each step. And with eighteen steps and one turn that number of chances to fail is 145. You only get one chance to get something wrong. Two "cues" will constitute a failure of that test. So, if you raise your hands from your sides over six (6) inches on the first step that is one mistake. If you raise your hands one more time, or even if you fail to put them down on your second step, that's two cues and you fail.
Think back to grade school. If you scored 143 out of 145 that would be a 98% and you would probably get the highest grade in that class. A 98% on the walk-and-turn test is an F.
This scenario is very similar on all other Roadside Sobriety Exercises. Each entails a variety of instructions and actions. Each one is intended to make you fail and provide further evidence for the police to use against you.
If you have been asked to exit your vehicle the officer believes he has enough evidence already to arrest you for DUI. Therefore, taking these exercises and even passing them will not ensure that you will be going home. It is to your advantage to refuse these exercises. They are not mandatory and your license will not be suspended for a refusal. Ask the officer if they are voluntary, which they are. When he says "Yes.", which he will 95% of the time, your refusal cannot be used against you.
Don't roll the dice and hope that you didn't have enough to put you over .08. If you are thinking twice about the test, you probably should not take it.
Just know that a refusal will have some penalties. Every state has "Implied Consent" laws, meaning that every licensed driver agrees to undergo chemical testing if asked by a police officer. In Florida, a refusal will result in a twelve (12) month suspension of driving privileges for a first refusal and eighteen (18) months for a second refusal from a prior DUI arrest. We can fight this suspension with DHSMV. Be very aware, however, that in addition to the longer suspension period, a second refusal to submit to a breath, blood or urine test can be charged as a criminal traffic misdemeanor.
DUI law is a very technical and complicated set of laws and statutes. It takes an experienced DUI attorney to see all the issues in each case.
Call Miami DUI Lawyer Jonathan Blecher at 305.670.1800 
and set up a no charge, no obligation consultation to discuss your case. We have over 28 years of experience in handling DUI cases and will put our experience to work for you.
