DUI FAQs

Frequently Asked Questions About DUI

When a police officer pulls me over and asks if I've been drinking, what should my answer be?

There is no one right answer for every situation. Florida law does not require you to answer potentially incriminating questions, so it is okay to politely refuse to answer. Ask to speak with a lawyer before answering the officer’s questions. If you clearly request to speak with your lawyer, by law, police officers cannot question you further about the same subject until your lawyer is present.

The important thing to remember is not to lie to police officers. Your lies will only work against you, damaging your credibility if you go to court.

Do I have to participate in “field sobriety tests,” like standing on one leg or following the pen with my eyes?

Police officers will not tell you this, but submitting to field sobriety tests is strictly voluntary. This is important to know because many studies have shown that tests do not accurately reflect whether you are intoxicated. Most field sobriety tests — like standing on one leg or touching your finger to your nose — are not things that you’ve probably practiced. It is normal not to be good at them, especially under pressure. Police officers often view failure of a field sobriety test as probable cause that you were drinking, often when this is not the case.

Do I have to take the breath test at the police station?

You do have the right to refuse to take a Breathalyzer test, but the consequences can be severe and it is likely that you will still be prosecuted for drunk driving. You can also face suspension of your driver’s license for a long period — longer, in fact, than you would lose it for blowing with a small amount of alcohol on your breath. Evidence of your refusal can also be used against you in court.

Palm Coast DUI Defense Lawyer

When people don’t know their rights, they can make mistakes. Often, they take actions that put them at a disadvantage in court.

If you are unsure of what to do after a DUI arrest, talk with a lawyer as soon as possible. An experienced Florida DUI defense attorney can answer your questions and help you make decisions about your case that protect your rights.

How can an attorney help me?

Drunk driving is a complex area of law. Effectively managing a case includes a range of administrative license, sentencing, evidentiary, constitutional and procedural affairs. Statutes and case law are constantly changing, and seemingly minor facts, laws or procedures can have large-scale effects.

Aslo, the penalties for DUI are becoming gradually more severe. Drivers who have been accused face fines, increased insurance rates and incarceration. Your lawyer can do many things to help improve your situation — including things that you may not have realized were necessary or beneficial. Hiring an attorney helps beat the stress of a DUI, allowing you to rest assured that the matter is being handled effectively.

Should my lawyer only handles DUI cases?

Comparing a general attorney to a DUI defense attorney is much like comparing a family practitioner to a brain surgeon. A general attorney knows much about the law in general, but has little to offer in complex criminal defense matters. An inexperienced attorney may even hurt your case because he or she is generally unqualified or inexperienced in drunk driving law.

An experienced DUI attorney knows many of the particulars involved, such as requesting measurements and maintenance records of the breath machine and having blood samples reanalyzed. An experienced lawyer also knows how to effectively challenge evidence, look for possible weaknesses in the prosecution’s case, negotiate pleas, contest the administrative license suspension or obtain expert witnesses for your defense. These are things that a less experienced lawyer may not know how to do.

Have Questions to Ask Your DUI Lawyer?

Contact our Palm Coast Law Firm. At the Whited Law Firm, we can answer your questions about drunk driving arrests and the strategies that help get the best possible results in Florida courtrooms. At our Florida law firm, attorney Fleming Whited uses extensive experience and knowledge to fight for you. Contact us by calling 386-253-7865 or completing our online contact form. We offer free, confidential and non-judgmental consultations to answer your questions and discuss the options available to you.