Secrets of Avoiding a DUI Conviction: How to Protect Your Legal Rights
Against Aggressive/Oppressive DUI Enforcement Tactics
Secret Number 1
Remember that anything you say to, or when in the presence of, the Officer who stopped you will be used against you in court. Instead, politely tell the officer that you would be happy to answer his questions, but only in the presence of your attorney. You should not have to make another single comment.
Secret Number 2
Never admit to drinking, even if you have been. You will get no “credit” for disclosing information and will likely not be believed in any event, inasmuch as everyone seems to admit to a “couple of beers.” Even if the officer comments on smelling the odor of alcohol on your breath, do not take the bait and confirm his observations by an admission. That will certainly be used as evidence against you.
Secret Number 3
Resist the temptation to explain to the officer where you have been or
What you have been doing. At this stage of the stop it is none of his business! The officer is hoping you will say something real dumb, like “Oh, I’ve just been down at the bar with my buddies, hanging out.” Saying something like, “I have been tending to my business and personal affairs, Officer,” is much less incriminating! But, again that would be unnecessary if you had just handed the officer the pre-printed statement referred to in Secret
Secret Number 4
When responding to the officer, use head nods, hand motions, hand signals or signs instead of speaking aloud. You will be accused of having thick-tongued, slurred speech regardless of how well you speak anyway, so why should you talk at all. It may cause you to feel awkward, but you will not hurt your case nearly as much as you might otherwise. Besides, this will eliminate any slurred speech that might actually be there!
Secret Number 5
Never, ever agree to submit to so-called “field sobriety tests or exercises!!” As any Certified Instructor of these tests can tell you, you would not likely be able to pass these tests cold sober, in your own home.
Want to try? The tests are designed to make you look silly and the officer look good! Politely decline these tests, by nodding no when asked. These tests are completely voluntary, not mandatory. The officer will likely threaten to arrest you if you do not cooperate. Understand this: there is a much greater risk that he will make that arrest and have the evidence he needs after you perform these tests, so do not do them.
Secret Number 6
Unless you have had no alcohol at all and have not used an asthma inhaler in the past 30 minutes, do not submit to the roadside breath test requested by the officer. This pre-screening test performed on an “alcosensor” can detect the presence of alcohol and give the officer an estimate of the amount of alcohol concentration in your blood, even though that number is inadmissible in court. The officer will likely say something like, “let me just check and see if you are OK to drive home.” Don’t bet on it! Again this test is strictly voluntary, so again, politely decline or nod “no” to his request.
Secret Number 7
Ask the officer to return your license and allow you to leave. After handing over the license and registration, if the officer says you violated traffic laws, ask that he give you the citation and allow you to leave. If he says you are impaired, indicate you will get a ride or take a taxi. If the officer will not let you depart, or return your license, consider yourself under arrest and ask for an attorney! You won’t get one, but the evidence will begin to mount in your favor if you have started doing the things suggested so far. Issues of probable cause will be of interest to your lawyer, so get a lawyer that very night.
Secret Number 8
Unless you can answer “yes” to each and every one of the following questions, do not submit to the official Florida Implied Consent Tests of breath, blood or urine:
1. Are you over 21 years of age?
2. Are you a non-commercial driver?
3. Do you have a Florida driver’s license?
4. It is true that you have NOT been involved in an accident where a
Serious injury has occurred to any person or where a death may occur as a result of such injuries sustained in this accident?
If any of these questions must be answered with a “No” then consider
refusing testing. This state test is voluntary even though the officer may say that Florida law “requires” you be tested. Your consent is “presumed” but you may withdraw that consent by stating that you refuse such testing.
Secret Number 9
Ask for an independent test of your blood. The police may attempt to talk you out of it, indicating that you “must do this” or that “it won’t do much good”, but get it done anyway. Remember this is your test. All that needs to happen is that the blood be drawn for legal purposes and preserved and stored at the hospital or other facility. DO NOT get a medical blood test! That is a totally different test. Ask that the officer allow you to make calls to arrange for funds, if not readily available. This independent test may be evidence of your innocence, and if not helpful, the police will never see it.
Secret Number 10
When making your call from the jail, call your lawyer first. If you forget, then at least tell your family to call the lawyer BEFORE they leave to go to the jail. Lawyers doing DUI defense work are a lot like gynecologists. When it’s time to go, it’s time to go. So, if your lawyer or doctors says “call me in the morning,” you might just want to get another doctor or lawyer. When you need one, you need one.
Just like the doctor, your lawyer can make the additional calls to set things in action and make important and helpful things happen in your case. What is important in the DUI case is that the attorney can immediately begin gathering evidence, names of witnesses, and making arrangements that may assist you in the defense of your case. Even the next morning might not be too late for a blood test. Even other people in jail can testify regarding you sobriety or the manner in which you were treated by the officer. If your lawyer is not available, make contact as soon as possible.
Secret Number 11
Learn and understand your 10 day right to request a hearing on the DMV
Administrative Drivers License Suspension Notice you are issued as a
“temporary driving permit.” It is much more than that and that difference will hurt you if you ignore, don’t read and understand and make that written request in the proper manner. My office can provide you with a free form for this purpose just call and ask for a DMV Administrative Drivers License Suspension Hearing Request Form, or come by and pick one up, but in either event don’t delay!
Secret Number 12
This secret is a little difficult for some folks, but here it is, very few of the lawyers who advertise they practice DUI defense are equal to the task of competently defending a driver charged with DUI. Big yellow pages ads and popularity often spell a volume practice that spells high percentages of guilty pleas.
In the Broward area from 2003 through 2006, fewer than two percent of lawyers advertising a practice in DUI defense actually attended ANY advanced level DUI defense continuing legal education courses or seminars in this highly complicated and specialized field of criminal law. It is safe to say that it would take a conscientious and thoroughly competent DUI lawyer at least an hour to evaluate your case and medical history.
In the vast majority of these cases the lawyer will suggest “talking” to the judge or prosecutor for you for a substantial fee. These cases invariably end up as guilty pleas! Many such cases would have been very defendable. If the lawyer you are talking to has concluded ANYTHING about your case in a 15 minute interview, I would highly recommend you get a second opinion, regardless of the suggestion or recommendation.
Richard G. Salzman, Esq. is an experienced Broward County Criminal Defense and DUI Defense attorney; licensed to practice law in New York and New Jersey since 1986, and Florida since 1988. The Law Offices of Richard G. Salzman, P.A. focuses on Criminal Defense, DUI Defense and related vehicular offenses and BUI Defense (Boating Under the Influence).
Call now 954-981-0336 for free consult. Can you really afford to wait?
The Law Offices of Richard G. Salzman, P.A.
4340 Sheridan Street, Suite 102
Hollywood, Florida 33021
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