Need Info on Florida traffic laws? If charged with a DUI in Florida, you’ll need a lawyer asap. Here are some of the most important things you need to know if you receive a DUI charge in Florida.

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The law does not require you to make any statements or answer questions. You can choose whether or not to speak with the police and there is no harm in choosing not to say anything.

You have the right to remain silent

You do not have to answer any questions or make any statements regarding your legal proceedings. However, if you choose to talk to police officers, anything you say can and will, be used against you in court. This right extends even after you are arrested and charged with driving under the influence of alcohol or drugs.

You don’t have to take any field sobriety tests

Field sobriety tests are voluntary. Unless you believe they will help show that you are not impaired, you should not take them. These tests include the horizontal gaze nystagmus test (HGN) and the walk-and-turn test. If you refuse these tests, they cannot use their results against you in court. However, if you take these tests and fail them, they can use them against you in court.

You have the right to have an attorney represent you

Suppose you get arrested for DUI in Florida. You will need to hire an attorney immediately after your arrest. They can review all of the evidence from your point of view and determine whether there are grounds for dismissal or reduction of charges based on evidence suppression issues or other legal reasons relating to the arrest.

 

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Motorcycle officer stopping a driver at night for after suspecting they were (DUI) driving under the influence.

Charged With a DUI Case?

The first thing you need to know is that there are two types of DUI cases: DUI cases involving alcohol and DUI cases involving drugs. You can receive a charge for either DUI, driving under the influence of drugs or alcohol, or both.

If charged with a DUI, you must consult with an experienced attorney. They will be able to advise you on the best course of action to take in your particular case. You can use some defenses in a DUI case as with any other criminal offense.

DUI cases can be complicated and challenging since there are many ways to defend yourself in court. Some defenses include:

  • You were not driving at the time of your arrest;
  • You did not consume enough alcohol or drugs to affect your ability to drive;
  • You were not impaired by alcohol or drugs at all;
  • The arresting officer did not have probable cause for the stop or arrest; or,
  • Your blood alcohol content (BAC) was below the legal limit.

Do I Have to Take a Breathalyzer?

Florida Statute 316.1932 requires anyone who drives a car in Florida to consent to take a breath test if lawfully arrested for DUI. This law applies even if you have a license from another state or country, as long as your driver’s license is valid in Florida and you are driving here.

Florida Statute 316.1932 also applies to non-U.S. citizens with a valid driver’s license from another country and driving in Florida.

If you refuse to take a breath test when lawfully arrested for DUI, your driver’s license will be suspended for at least one year or 18 months if this is your second refusal within the past ten years.

What if I’m not from Florida?

Yes. If you are driving in Florida, you are subject to the laws of Florida. Even if you have a driver’s license from another state or do not have a permit, you must submit to chemical testing under this statute if you drive in Florida and get arrested for DUI.

If I am on probation for DUI when I am stopped again, can they arrest me?

Yes. The police may charge you if there is reasonable cause to believe that you have been drinking alcohol and driving again. You will then be taken into custody and transported to the police station for a breath test.

Do I have to take another test if I already took one at the scene?

No. But you must tell your lawyer that there was an accident or any other reason the officer wanted to administer breath tests right away so that we can protect your rights through pretrial or trial motions (if necessary).

Need Legal Advise Regarding a DUI Charge?

If charged with drunk driving, you must know your options and how you can best proceed. Thankfully, Dell’Armi Law has years of experience helping clients like you navigate their way through the legal process.

Whether you’re looking for help after refusing a field sobriety test or need an attorney to answer questions about your charges, our lawyers have the expertise you need. Reach out today to learn more about what could happen next.