Miami DUI Lawyer

Police can intimidate you when they pull you over for a suspected DUI. Knowing what to expect and understanding your rights during a traffic stop can significantly affect how the situation unfolds.

The Initial Stop

When a police officer suspects you may be driving under the influence, they will signal you to pull over. Maybe they observed erratic driving behavior, such as swerving, speeding, or braking abruptly, or they stopped you for a minor traffic violation and then noticed signs of impairment. 

Remain calm and polite. Avoid sudden movements, keep your hands visible, and wait for the officer to approach your vehicle.

Interaction with the Officer

The officer will likely ask you for your driver’s license, registration, and proof of insurance. During this interaction, they will observe your behavior for signs of impairment, such as slurred speech, the smell of alcohol, or bloodshot eyes. 

You must provide your driver’s license, registration, and insurance information. However, beyond that, you need not engage in further conversation about your activities, condition, or whereabouts. 

You are not required to answer incriminating questions, such as whether you’ve been drinking. Politely inform the officer that you choose to remain silent or that you would like to speak to an attorney before answering any questions. 

Unless the officer has probable cause, you can refuse a vehicle search. If the officer requests to search your car, you can respectfully decline unless they have a warrant or probable cause to search without your consent.

Field Sobriety Tests

If the officer suspects that you are under the influence, they may ask you to step out of your vehicle to perform field sobriety tests (FSTs). These tests, such as the walk-and-turn, one-leg stand, or the horizontal gaze nystagmus test, are designed to assess your balance, coordination, and ability to follow instructions. 

In Florida, you are not legally required to perform field sobriety tests. These tests are subjective and often used to gather evidence against you. Politely declining the tests may be in your best interest, though this decision could result in your arrest if the officer believes there is other evidence of impairment.

Breath Test

If the officer believes you are impaired, they may ask you to take a breath test to measure your blood alcohol concentration (BAC). In Florida, refusing this test can have serious consequences due to the state’s implied consent law, which means that by driving on Florida roads, you have implicitly agreed to submit to chemical tests if lawfully arrested for DUI. 

While you can refuse the breath test, doing so will result in an automatic license suspension (typically one year for a first refusal) and the state may use it against you in court.

However, if you believe that taking the test would provide the state with evidence to convict you, you may refuse it despite these consequences.

Arrest and Aftermath

If the officer believes the evidence supports a DUI charge, they will arrest you and take you to the police station. Upon arrest, the officer must inform you of your Miranda rights, including your right to remain silent and your right to an attorney. If they do not read your rights, the court may not admit your statements. 

After your arrest, you have the right to contact an attorney. You should talk to an experienced Miami DUI attorney as soon as possible, as your lawyer can help guide you through the legal process and work to protect your rights. 

At the police station, you may be asked to take a more accurate chemical test, such as a blood or urine test, to measure your BAC.

You can request an attorney before deciding whether to submit to the test. However, Florida law does not guarantee that you will have access to an attorney before taking a breath test. 

You are entitled to a fair trial where the prosecution must prove your guilt beyond a reasonable doubt. You and your DUI defense lawyer can challenge the evidence, question witnesses, and present a defense in court.