Know How to Handle a DUI Stop
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by: watson23
Word Count: 458
Date: Wed, 13 Apr 2011 Time: 9:57 AM
The simplest way to avoid a DUI (driving under influence) charge is – do not drink and drive. However, it is not always easy to abide by this rule. If you ever face a stop and arrest on such a charge, certain questions come to the mind. Here is a quick look at the common questions and answers that arise in such a situation.
Do you talk to the police officer? If your mental faculties were right, you may answer questions regarding your details. It would be better to keep quiet if you were not very sure about your condition. Whatever you say, always keep in mind that these statements could be used to incriminate you later.
Note: Never admit taking alcohol and/or drugs in front of an official.
Do you go for the field sobriety tests? It is better not to submit to these tests. Usually, police officials ask you to undergo these tests before conducting an arrest. In Florida, you have the right to refuse these, citing reasons like a physical problem.
Do you undergo the breathalyzer test? The s.322.2616, Florida Statutes, authorize the use of breathalyzer in cases involving individuals under the age of 21. This is necessary evidence in the administrative hearing. Majority of DUI attorneys suggest that you refuse to take this test too.
Do you submit to the blood, breath or urine test? The results of these tests may be used as conclusive scientific evidence in a Florida DUI case. While it is better to avoid submitting to these tests, you also need to keep in mind that if the charges prove true, you may face enhanced penalties for this refusal.
Any second or subsequent refusal to submit to these tests may constitute a misdemeanor (first degree). In case of serious bodily injury to another or property damage, the police official may use force to withdraw a blood sample as evidence in a DUI case.
Do you need a legal practitioner for help? Whether the police officer arrests you for DUI or files charges, you need to consult an attorney immediately. Only capable legal assistance may prepare adequate defense for you. If you are under arrest, contact a family member or friend to find Miami DUI attorneys for your defense.
If the officer lets you go after filing charges, you may be able to find an attorney for your case on your own. Do not delay in this; conviction in Florida may lead to severe penalties like imprisonment, fines, license loss, DUI School, and so on.
About the Author
Dave Watson, a legal columnist in a magazine, offers tips and suggestions regarding DUI related legal issues. If you are looking for Miami DUI Attorneys, she recommends you to visit http://www.miami-criminal-lawyer.net/.
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