It's 2:30am on Friday night. You leave the parking garage after a crazy night out in downtown Orlando. You're exhausted. You have been drinking on and off since 10:00PM. You have no idea how much you've actually had to drink. You think you're safe to drive home because you "sobered up" by grabbing a sandwich and a pita. As you begin to drive you see flashing lights behind you. You freak out and immediately pull over. Let's face it; you're worried about being busted for DUI. What do you do now?
The cop is walking to your car. He asks for identification. Beat him to it. Open your glove box, take out your wallet and get your license, registration and insurance information ready to go. The cop comes and says "do you realize why I pulled you over for?" Be careful how you answer that question because it could be used against you. Give the cop your insurance, registration and license. Be very polite. Getting nasty with the police officer isn't going to do you any good.
After receiving your documents, the police officer asks you how much you have had to drink. What do you say? Be very careful. You don't want to lie, but if you've had more than a drink you are walking on thin ice. Remember, you don't have to answer, but if you do it can be used against you. If you don't answer the question, just know that the police officer is going to assume that you HAVE BEEN DRINKING A LOT. The cop will then ask you to step out of the car. You need to comply but be careful not to lean on the door. The cop will write that down in his report "using your car for support". As soon as you get out of your car, assume that you are going to be on video tape. Make sure that you are courteous, polite, and very careful of what you say and do.
Now comes the fun part. The police officer will now ask you to do a series of tests to "determine" if you are impaired by alcohol. If you are overweight or have physical ailments such as back problems, neurological difficulties, balance issues, let the police officer know each and every one of them. In fact, offer to write it down for him on a piece of paper. Start building your defense now. The officer is going to ask you to balance on one leg, walk down a line, close your eyes, lean backwards, and touch your nose with your finger. Sounds crazy doesn't it? However, you can bet the police officer is going to ask you to do these tasks and if you fail he is going to use those results against you. So do you take the test? That is up to you. However, if you believe you're impaired or that you might fail you may not want to participate in those exercises. If you decide to refuse to take the field sobriety or test, politely decline and anticipate that the officer will arrest you.
After your physical test, the officer turns you around and puts hand cuffs on your wrists. He informs you that you're under arrest for DUI. You might think they would give you a breath test before they place you under arrest for DUI but that does not happen in Florida. Instead, the cop is going to take you down to the breath test facility. When you get there he will now ask you to take a breath test. He will also tell you that if you refuse your license will be suspended or that if you previously refused they can slap another charge on you for refusing to take the breath test. What do you do now? First, realize that you are on video tape. Because you are on video tape you want to be extremely aware of everything you are doing. Sit up straight, don't sway, stop crying, and be respectful. You don't want to look upset, or belligerent. Be aware that if you do take the breath test and blow over the legal limit the DMV will try to suspend your license for six months. Likewise, if you refuse to take the breath test you will likely lose your license for one year. You should also know that even if you do blow under the legal limit, the police office will not likely unarrest you. They will assume that you are under the influence of some other drug that's prohibited under Florida law and they will then ask for a sample of your urine. If you refuse to take the urine test, the DMV will also try to suspend your license. Finally, make sure you have copy of your DUI citation as it is your temporary license for ten days and find a good lawyer fast.
William D. Umansky or "The Lawman" as he is affectionately known by his peers has almost two decades of experience offering "Second Chances" to clients who have, been charged with a crime. He is the Managing Partner of the Umansky Law Firm in Orlando where he directs a team of Orlando DUI lawyers dedicated to success and to working hard to try and achieve the results the firm's client's desire. He has appeared or been quoted in many national media outlets including USA Today, The Wall Street Journal, Newsweek, NBC, CBS, ABC and FOX affiliates around the country. Bill can be reached at Bill@thelawman.net or 407-228-3838.
