DUI Process in Florida
West Palm Beach DUI Attorney Greg Rosenfeld
When Florida attempts to convict someone of driving under the influence (DUI), it will try to prove that the defendant was either driving with a blood
alcohol concentration (BAC) level over the legal limit – 0.08% in
most situations – or that the defendant was driving under the influence
to the extent that his or her normal faculties were impaired.. Police,
investigators, and the prosecution begin collecting evidence against the
suspect from the moment he or she is pulled over. To re-level the legal
playing field, it helps to understand the DUI process in Florida from
start to finish.
If you already know that you need a criminal defense lawyer’s guidance
and advocacy, you can
contact Attorney Greg Rosenfeld. As a West Palm Beach DUI lawyer with an impressive history of case results
and multiple selections to
Super Lawyers® Rising Stars℠, you can trust in his law firm to take your case seriously and provide
personalized legal counsel that maximizes your chances of securing the
best possible outcome. Dial
(561) 475-5550 to request a free case evaluation today.
The Usually DUI Arrest Process
Traffic stop: Police are not permitted to pull over a driver without a legitimate reason.
An officer may conduct a traffic stop based on a routine traffic infraction
or if the officer has reasonable suspicion to believe the driver is driving
under the influence. Any evidence collected from an unlawful traffic stop
could be inadmissible in court or hearings. However, once a police cruiser
signals for you to pull over by flashing the pylons and blaring the sirens,
you must comply, even if you do not believe there is due cause.
License and registration: As with any traffic stop, the police officer is permitted to request basic
information from you, including your name, license, and registration.
Giving any information beyond that which can be found in public records
is optional. The officer is looking for any reason to suspect you are
driving while intoxicated at this point.
Field sobriety tests: If the police officer is satisfied that he or she has reasonable suspicion
that you are driving under the influence, he or she will instruct you
to leave the vehicle and perform field sobriety tests (FSTs). You must
exit the vehicle, but may want to ask if the FSTs are mandatory. Some
can be denied without immediate legal consequence.
Chemical testing: If you refuse or perform poorly on a FST, you may be taken back to the
police station for chemical testing, such as a breath test or a blood
or urine test. Under Florida’s “Implied Consent Law,”
the police can require any person who is suspected of a DUI to submit
to a chemical test. Breath and urine tests do not require warrants, but
blood tests do. Florida law permits police officers to request a driver’s
breath or urine after a DUI arrest or face the consequences that accompany
a refusal to submit to chemical testing. An evidence collected from an
unlawful chemical test can also be challenged in court.
Booking or release: Depending on the result of the chemical test to find your BAC level, you
will either be arrested and booked there at the station, or released.
Keep in mind that you have the right to remain silent until you have a
chance to speak to your lawyer.
Administrative hearing: If or when you are charged with a DUI, you need to start thinking about
requesting an administrative hearing with the DMV as soon as possible.
Charges filed against you will trigger the automatic suspension of your
driver’s license unless you convince an administrator that the license
suspension is unjust during a hearing. You may only have
10 days to contest.
Remember to contact West Palm Beach DUI Attorney Greg Rosenfeld if you
ever need help fighting a DUI charge or license suspension. Call (561) 475-5550
to schedule a free case evaluation.
Do not hesitate to call Law Offices of Greg Rosenfeld, P.A. for a
case evaluation at (561) 475-5550