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Florida DUI Laws
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Avoid Violating Any Traffic Laws
The best way to completely avoid a DUI traffic stop is to avoid attracting the attention of law enforcement by not violating any traffic laws. However, driving under the speed limit or signaling to turn a full mile before turning can also attract attention. It is difficult to completely avoid violating some kind of traffic offense, but driving cautiously and wearing your seatbelt can reduce your chances of being stopped by law enforcement. Also, pulling into a parking lot so a police officer cannot follow you for a long distance can also reduce your chances of being pulled over for a traffic offense. It is also important to keep you vehicle up to par by making sure all lights are working properly and tags are not expired.
The Where And When Of Driving
One very important factor is the time and place of where you are driving. Law Enforcement officers are more likely to be looking closely for possible drunk drivers at around “bar-time”. The police well aware of events like parties, concerts, sporting events, and festivals where people are drinking. Avoid driving through areas with a lot of night clubs, bars, and pubs.
I’ve Been Stopped, What Should I Do?
Police officers can find a number of excuses to pull you over. A burned out headlight, a rolling stop at a stop sign, an expired tag, and speeding are all traffic violations that can lead to a traffic stop. In this circumstance, you have had a few drinks at dinner, how should you handle the traffic stop?
First Things First
Roll down your window to vent the car of any odors that may exist, find an easily available location to pull over, always on the right side of the road if possible. Once stopped, turn on your interior light and place your hands casually on the steering wheel. This will demonstrate a sense of control and will ease the officers concerns about his own safety. Initially, the most important factor in a traffic stop is to have your driver’s license and insurance verification at a quick reach. Be sure to keep these important document s where you can easily find them. The last thing you want to deal with is the nerves that come into play when you have to fumble around through your glove box with a police officer at your window.
Be Polite And Courteous
Be polite to the police officer, and stay calm and relaxed. Do not sound defensive but at the same time, do not admit to anything. Give the police officer your driver’s license and insurance verification quickly and politely when requested. Do not try to come up with an excuse regarding the reason you were pulled over. For example, if the officer asks “Didn’t you see that stop sign back there?” Simply apologize and hand over your driver’s license.
Tell The Truth, But Admit No Wrong
If you have just pulled out of a bar or night club and the officer asks “Where are you coming from?”, simply tell the truth. It is very likely that the officer witnessed your call pull out of the establishment. Lying to the officer by saying that you are just passing through or came from somewhere else will only increase the suspicion. It is not illegal to drive home from a bar or restaurant. Many bars and nightclubs across the country have plenty of parking spaces for their patrons. Just because you were at the establishment does not mean that you were drinking alcohol. Believe it or not, there are people who go out to the bar or club and do not consume alcohol. Telling the truth will show honesty and confidence and reduce the officer’s suspicion. At the same time, do not get into a conversation with the officer about your night’s events. If he pursues the conversation further, simply hand over your driver’s license and say nothing else about your night.
Do Not Admit To Having Even One Drink
If the police officer pops the big question, “Have you been drinking tonight?” simply return his question with a question “Would you like to see my driver’s license?” or “Why was I pulled over.” Do not admit to drinking even one beer. Doing so gives the officer probable cause to further investigate the possibility that you are impaired. You are not obligated to give the officer any information beyond just your driver’s license. The officer must make a decision on whether or not to move forward with DUI procedures, without an admission, the officer must base his decision on your driving and behavior after the stop. A minor traffic violation is not an indication of intoxication, neither is your refusal to talk with the officer.
Do Not Perform Any Roadside Sobriety Tests
If the law enforcement officer decides to push the issue, you may be asked to step out of the vehicle, which is permissible by law. The officer may ask you to perform certain tests in order to demonstrate that you are capable of operating a vehicle safely. Do not perform any of these tests. You are not required to perform these tests. The only reason these tests are given is to give the police officer probable cause to require a chemical test like a breathalyzer test to determine your Blood Alcohol Content (BAC). It is impossible to pass a roadside sobriety test, even if you are completely sober.
Be Careful, You Can Be Arrested For DUI Even When Completely Sober
In reality, any person with any vague amount of alcohol in their system can be arrested and convicted of a DUI even if they were completely sober. In addition, they are held responsible for any traffic accident that may occur, even if it was someone else’s fault. No matter how responsibly you drink and drive, you can be arrested for DUI. It only takes a few drinks to exceed the legal BAC limit of .08% Furthermore, even if you are below that limit, you can still be arrested for DUI based solely on the opinion of the arresting officer that you were “impaired” and unable to safely operate a motor vehicle.
If Arrested For DUI, Contact An Attorney As Soon As Possible
If you’re unable to avoid an arrest, the most important thing to remember is that you can still avoid the conviction with a good DUI attorney. At Musca Law, we focus on representing clients who have been arrested and charged with Driving Under the Incluence (DUI). Our long track record of success with these cases is evident across Miami and South Florida. Don’t hesitate to seek legal counsel to protect your rights. Contact Musca Law today for a Free Consultation, our experienced dui lawyers are ready to aggressively represent you by starting a successful defensive strategy today.
Musca Law Serving all of Florida Brickell Bayview Center 80 SW 8th Street, Suite 2000 Miami, FL 34104 Phone: 305-395-2077
The best way to completely avoid a DUI traffic stop is to avoid attracting the attention of law enforcement by not violating any traffic laws. However, driving under the speed limit or signaling to turn a full mile before turning can also attract attention. It is difficult to completely avoid violating some kind of traffic offense, but driving cautiously and wearing your seatbelt can reduce your chances of being stopped by law enforcement. Also, pulling into a parking lot so a police officer cannot follow you for a long distance can also reduce your chances of being pulled over for a traffic offense. It is also important to keep you vehicle up to par by making sure all lights are working properly and tags are not expired.
The Where And When Of Driving
One very important factor is the time and place of where you are driving. Law Enforcement officers are more likely to be looking closely for possible drunk drivers at around “bar-time”. The police well aware of events like parties, concerts, sporting events, and festivals where people are drinking. Avoid driving through areas with a lot of night clubs, bars, and pubs.
I’ve Been Stopped, What Should I Do?
Police officers can find a number of excuses to pull you over. A burned out headlight, a rolling stop at a stop sign, an expired tag, and speeding are all traffic violations that can lead to a traffic stop. In this circumstance, you have had a few drinks at dinner, how should you handle the traffic stop?
First Things First
Roll down your window to vent the car of any odors that may exist, find an easily available location to pull over, always on the right side of the road if possible. Once stopped, turn on your interior light and place your hands casually on the steering wheel. This will demonstrate a sense of control and will ease the officers concerns about his own safety. Initially, the most important factor in a traffic stop is to have your driver’s license and insurance verification at a quick reach. Be sure to keep these important document s where you can easily find them. The last thing you want to deal with is the nerves that come into play when you have to fumble around through your glove box with a police officer at your window.
Be Polite And Courteous
Be polite to the police officer, and stay calm and relaxed. Do not sound defensive but at the same time, do not admit to anything. Give the police officer your driver’s license and insurance verification quickly and politely when requested. Do not try to come up with an excuse regarding the reason you were pulled over. For example, if the officer asks “Didn’t you see that stop sign back there?” Simply apologize and hand over your driver’s license.
Tell The Truth, But Admit No Wrong
If you have just pulled out of a bar or night club and the officer asks “Where are you coming from?”, simply tell the truth. It is very likely that the officer witnessed your call pull out of the establishment. Lying to the officer by saying that you are just passing through or came from somewhere else will only increase the suspicion. It is not illegal to drive home from a bar or restaurant. Many bars and nightclubs across the country have plenty of parking spaces for their patrons. Just because you were at the establishment does not mean that you were drinking alcohol. Believe it or not, there are people who go out to the bar or club and do not consume alcohol. Telling the truth will show honesty and confidence and reduce the officer’s suspicion. At the same time, do not get into a conversation with the officer about your night’s events. If he pursues the conversation further, simply hand over your driver’s license and say nothing else about your night.
Do Not Admit To Having Even One Drink
If the police officer pops the big question, “Have you been drinking tonight?” simply return his question with a question “Would you like to see my driver’s license?” or “Why was I pulled over.” Do not admit to drinking even one beer. Doing so gives the officer probable cause to further investigate the possibility that you are impaired. You are not obligated to give the officer any information beyond just your driver’s license. The officer must make a decision on whether or not to move forward with DUI procedures, without an admission, the officer must base his decision on your driving and behavior after the stop. A minor traffic violation is not an indication of intoxication, neither is your refusal to talk with the officer.
Do Not Perform Any Roadside Sobriety Tests
If the law enforcement officer decides to push the issue, you may be asked to step out of the vehicle, which is permissible by law. The officer may ask you to perform certain tests in order to demonstrate that you are capable of operating a vehicle safely. Do not perform any of these tests. You are not required to perform these tests. The only reason these tests are given is to give the police officer probable cause to require a chemical test like a breathalyzer test to determine your Blood Alcohol Content (BAC). It is impossible to pass a roadside sobriety test, even if you are completely sober.
Be Careful, You Can Be Arrested For DUI Even When Completely Sober
In reality, any person with any vague amount of alcohol in their system can be arrested and convicted of a DUI even if they were completely sober. In addition, they are held responsible for any traffic accident that may occur, even if it was someone else’s fault. No matter how responsibly you drink and drive, you can be arrested for DUI. It only takes a few drinks to exceed the legal BAC limit of .08% Furthermore, even if you are below that limit, you can still be arrested for DUI based solely on the opinion of the arresting officer that you were “impaired” and unable to safely operate a motor vehicle.
If Arrested For DUI, Contact An Attorney As Soon As Possible
If you’re unable to avoid an arrest, the most important thing to remember is that you can still avoid the conviction with a good DUI attorney. At Musca Law, we focus on representing clients who have been arrested and charged with Driving Under the Incluence (DUI). Our long track record of success with these cases is evident across Miami and South Florida. Don’t hesitate to seek legal counsel to protect your rights. Contact Musca Law today for a Free Consultation, our experienced dui lawyers are ready to aggressively represent you by starting a successful defensive strategy today.
Musca Law Serving all of Florida Brickell Bayview Center 80 SW 8th Street, Suite 2000 Miami, FL 34104 Phone: 305-395-2077