DUI Traffic Stop
Before a police officer can stop a person for driving under the influence (DUI), the officer must have probable cause, which is reasonable suspicion. An officer may be suspicious if he/she notices a person: swerving, disobeying traffic signs, going into the wrong lanes, speeding, driving too slow, or weaving.; If an officer notices that a driver is exhibiting these behaviors, the officer will most likely make a DUI traffic stop.
Once a person is stopped for suspected DUI, the officer will examine the person for signs of intoxication such as: flushed cheeks, incoherent speech, slurred speech, blood shot eyes, and inability to follow directions.
Field Sobriety Test
Once a person is suspected of DUI (driving under the influence), the police officer will request that the person perform a variety of Field Sobriety Tests (FSTs). Field Sobriety Tests are considered voluntary in the state of Florida, which means that the person may or may not choose to consent to them. These tests are administered by law enforcement to gage the suspects level of intoxication and also to establish probable cause for arrest.
The Breath Test
Once a person is arrested for DUI (driving under the influence), the police officer will request that the person take a breath test. While the breath test is considered voluntary, refusing to take the test can result in additional charges if there has been a prior refusal. Refusing to take the breath test will also result in the automatic drivers license suspension for at least 12 months, something which can be challenged throught he DMV process. In Florida, the police will use a device called the Intoxilyzer 8000 while administering the breath test.
Before a person is arrested for DUI, he/she should be read Miranda Rights by the arresting officer if the officer intends to question you. Failure to read Miranda Rights can result in the dismissal or suppression of comments or confessions made by the accused.
Once charged, your case will ender the criminal case system through the court which it is assigned. CLICK HERE to learn more about the DUI Process.
Sarasota,Tampa, Manatee, Charlotte, Pinellas, Polk and Orlando Florida DUI Attorneys
If you have been charged with DUI, one of the best things you can do is seek the counsel of a qualified DUI attorney. At The Law Place, we have represented hundreds of clients charged with DUI throughout Florida. Our skilled attorneys will get involved from the very beginning to ensure that your rights are not violated. We will guide you through the legal and DHSMV process, represent you in and out of court, and do everything possible to make this complicated time much easier for you.