F.A.Q.'s
- Should I allow the Police to search my car?
- Should I tell the Police I did it?
- Should I take the Breath Test?
- Should I do the physical exercises if I am stopped for a DUI?
Should I allow the Police to search my car?
Absolutely not! Never consent to a search of your vehicle. If the police want to search your car, they can do so with the aid of a trained dog. The search of your vehicle is only valid IF they can get the dog to the scene within the same time period as it would take for the police to write a traffic ticket. This time has been determined by case law to be about 20 - 30 minutes. If it takes longer, which it usually does, then anything found as a result of the search will be suppressed and unavailable for the State to be used against you at your trial.
Should I tell the Police I did it?
Never talk to the police without an attorney. You are guaranteed a Constitutional right to silence when asked questions by the police. USE THAT RIGHT! Asking for an attorney will force the police to stop any questioning, and even if they ask you something after you have asked for your attorney, that information will be suppressed and not available for the State to use against you at trial.
Should I take the Breath Test?
That depends... by not taking the breath test your license to drive can be suspended for ONE year, but if you have a prior refusal, then your license can be suspended for ONE AND A HALF YEARS. However, even if your license is suspended, you may be able to get a business purposes license if you do not have any prior DUI convictions. A business purposes only license would entitle you to go everywhere but the beach and the bars.
BUT, by taking the breath test and failing it, that is a .08% breath alcohol or greater, then your license is suspended anyway, PLUS the State now has really good evidence that they WILL use against you to prove that you were driving drunk.
So, if you think that you might blow over the .08 percent of alcohol limit, and you have no prior DUI's, perhaps it might be better not to take the breath test.
Should I do the physical exercises if I am stopped for a DUI?
First ask yourself this question: "Did I hit a home run the first time I ever swung a baseball bat?" These exercises are not for everyone. But, if you are good at gymnastics, surfing, soccer, and can find your way in the dark with your eyes closed, then try these exercises. Like anything else in life, practice makes perfect; but, when it comes to the FIELD SOBRIETY TESTS (FST's), there really is no way to practice.
See Also:
Steven G. Casanova, P.A.
Attorney at Law
2323 South Babcock St.
Melbourne, Florida 32901
Phone: 866.698.5155 | Telefax: 321.725.3737
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