Best & Associates - Miami DUI Lawyers DUI Blog
How To Lessen the Chances of a DUI Conviction
Anyone who reads the newspapers or turns on the nightly news can
easily see that DUI is an extremely hot topic. Numerous celebrities
are being arrested, going to rehab, and even going to jail because of
DUI convictions. With public pressure and intense legislation aimed
at DUI crimes the thought of beating a DUI charge may seem slim to
none. Relax, if you are worried about being pulled over and charged
with a DUI or have already been charged, a conviction does not have
to be in your future. Numerous steps can be taken by you to make you
rest easy and free of DUI penalties.
#1. Get a Designated Driver
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 or
otherwise assessable to you. Being proactive and using your head can
save you a lot of headaches and money, not to mention the life and
you and others.
#2. Have Your Driving Documents Readily Available
Where you do find yourself having a drink and then choosing to
drive, it is very important to have your driving documents (driver's
license, registration, and proof of insurance) ready and easily
assessable. One of the tell tale signs of intoxication commonly detailed
by arresting officers is that the defendant fumbled through his wallet
or else had trouble finding his documentation. This can be easily
eliminated by you 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
possible places to keep these documents is in your wallet behind your
license.
#3. Do Not Incriminate Yourself
A. Talkative: If you find yourself pulled over, one of the worst
possible things to do is give the officer any evidence with which to
hang you by. It is a good idea to always be courteous, but you do not
need to 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 necessary or demanded by law. If the officer asks you
if you know why you were pulled over, you need not respond. In fact,
DON'T, shrug your shoulders and wait for the officer to run you
information.
B. Admissions: Another bad choice would be to admit 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 will give the officer
reasonable cause to ask you to do roadside 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.
#4. Refuse To Perform Any Roadside Exercises
In Florida the State can prove a DUI charge by showing the driver
had a BAC at or above .08% or that the driver's normal faculties were
impaired. "Normal faculties" include the ability to walk, talk, see, hear,
judge distances, and drive. The State will attempt to prove a DUI
suspect's normal faculties were impaired by showing his performance
on the roadside exercises.
Do not be fooled; no matter how agile you think you are, the odds
of you passing these exercises are bad. These tests are designed for
failure. Each will test not only your physical ability but also your
mental abilities. Imagine yourself walking a tight rope while at the
same time being demanded to remember the names of United States
Presidents in order and you will have some understanding of what it is
like to undergo the Standard Field Sobriety Exercises.
For instance, in the common Walk-and-Turn exercise the driver is
instructed to stand in a ready stance with his heel touching his toe and
his hands at his sides. He must remain in this position during the
instructions. The driver 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. Sounds easy right? But look,
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. Thus, if you raise your hands from
your sides over six (6) inches on the first step that is your 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 a 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 a F.
This scenario is very similar on all other Roadside Exercises. Each
entails a variety of instructions and actions. Each intended to make yo
fail and provide further evidence for the police in which to convict
you.
This being said, 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.
#5. Refuse To Take A Breath Test
Another way to ensure that you do not get convicted for DUI
would be to refuse all chemical testing (breath, blood, urine).
However, such a refusal will have some penalties. Every state has
enacted what are called "Implied Consent" laws. Every licensed
driver, when they sign their license, agrees to undergo such chemical
testing if asked by a police officer. A refusal will result in a Twelve
(12) month suspension of that suspect's license for a first refusal and
an Eighteenth (18) month refusal if that person had refused in a prior
DUI arrest.
This being said, Florida's Implied Consent Laws do not tell you that
even if you do give a sample, and that sample shows a BAC level of .08
or higher, that you will lose your license for six (6) months.
Therefore, you should make an honest decision to take the breath test.
A refusal of this, coupled with a refusal of the Field Sobriety Exercises
will ensure a minimum amount of evidence against you in court and
will help in you leave with a "not guilty"
#6. Call An Experienced DUI Attorney
DUI law is a very technical and complicated set of laws and
statutes. It takes an experienced DUI attorney to see all the issues
given the case at hand. Do not entrust your rights and liberties to an
attorney that infrequently handles DUI cases. They may not
understand the minute details necessary to properly try the case.
Call Best & Associates at 305.670.3119 and set up an
appointment to discuss your case. We have over 20 years of
experience in handling DUI cases and will put our knowledge to work
for you.
Anyone who reads the newspapers or turns on the nightly news can
easily see that DUI is an extremely hot topic. Numerous celebrities
are being arrested, going to rehab, and even going to jail because of
DUI convictions. With public pressure and intense legislation aimed
at DUI crimes the thought of beating a DUI charge may seem slim to
none. Relax, if you are worried about being pulled over and charged
with a DUI or have already been charged, a conviction does not have
to be in your future. Numerous steps can be taken by you to make you
rest easy and free of DUI penalties.
#1. Get a Designated Driver
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 or
otherwise assessable to you. Being proactive and using your head can
save you a lot of headaches and money, not to mention the life and
you and others.
#2. Have Your Driving Documents Readily Available
Where you do find yourself having a drink and then choosing to
drive, it is very important to have your driving documents (driver's
license, registration, and proof of insurance) ready and easily
assessable. One of the tell tale signs of intoxication commonly detailed
by arresting officers is that the defendant fumbled through his wallet
or else had trouble finding his documentation. This can be easily
eliminated by you 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
possible places to keep these documents is in your wallet behind your
license.
#3. Do Not Incriminate Yourself
A. Talkative: If you find yourself pulled over, one of the worst
possible things to do is give the officer any evidence with which to
hang you by. It is a good idea to always be courteous, but you do not
need to 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 necessary or demanded by law. If the officer asks you
if you know why you were pulled over, you need not respond. In fact,
DON'T, shrug your shoulders and wait for the officer to run you
information.
B. Admissions: Another bad choice would be to admit 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 will give the officer
reasonable cause to ask you to do roadside 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.
#4. Refuse To Perform Any Roadside Exercises
In Florida the State can prove a DUI charge by showing the driver
had a BAC at or above .08% or that the driver's normal faculties were
impaired. "Normal faculties" include the ability to walk, talk, see, hear,
judge distances, and drive. The State will attempt to prove a DUI
suspect's normal faculties were impaired by showing his performance
on the roadside exercises.
Do not be fooled; no matter how agile you think you are, the odds
of you passing these exercises are bad. These tests are designed for
failure. Each will test not only your physical ability but also your
mental abilities. Imagine yourself walking a tight rope while at the
same time being demanded to remember the names of United States
Presidents in order and you will have some understanding of what it is
like to undergo the Standard Field Sobriety Exercises.
For instance, in the common Walk-and-Turn exercise the driver is
instructed to stand in a ready stance with his heel touching his toe and
his hands at his sides. He must remain in this position during the
instructions. The driver 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. Sounds easy right? But look,
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. Thus, if you raise your hands from
your sides over six (6) inches on the first step that is your 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 a 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 a F.
This scenario is very similar on all other Roadside Exercises. Each
entails a variety of instructions and actions. Each intended to make yo
fail and provide further evidence for the police in which to convict
you.
This being said, 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.
#5. Refuse To Take A Breath Test
Another way to ensure that you do not get convicted for DUI
would be to refuse all chemical testing (breath, blood, urine).
However, such a refusal will have some penalties. Every state has
enacted what are called "Implied Consent" laws. Every licensed
driver, when they sign their license, agrees to undergo such chemical
testing if asked by a police officer. A refusal will result in a Twelve
(12) month suspension of that suspect's license for a first refusal and
an Eighteenth (18) month refusal if that person had refused in a prior
DUI arrest.
This being said, Florida's Implied Consent Laws do not tell you that
even if you do give a sample, and that sample shows a BAC level of .08
or higher, that you will lose your license for six (6) months.
Therefore, you should make an honest decision to take the breath test.
A refusal of this, coupled with a refusal of the Field Sobriety Exercises
will ensure a minimum amount of evidence against you in court and
will help in you leave with a "not guilty"
#6. Call An Experienced DUI Attorney
DUI law is a very technical and complicated set of laws and
statutes. It takes an experienced DUI attorney to see all the issues
given the case at hand. Do not entrust your rights and liberties to an
attorney that infrequently handles DUI cases. They may not
understand the minute details necessary to properly try the case.
Call Best & Associates at 305.670.3119 and set up an
appointment to discuss your case. We have over 20 years of
experience in handling DUI cases and will put our knowledge to work
for you.
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For the Rights
of the Accused
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