The Hudson Law Office
DWI Attorneys/DUI Lawyers
Aggressive DUI Defense
Sarasota, Bradenton, and Key West, Florida
When Everyone Else is On Your Back, We're On Your Side.®
(941) 957-0500 Sarasota-Bradenton
(305) 292-8384 (8DUI) Key West
The Four Words That Can Save You from a DUI Conviction
By Tom Hudson
You see the red and blue lights flashing in your rear-view mirror, and get that sinking feeling in the pit of your stomach.
"How much did I have to drink?"
Even if you have only had a small amount of alcohol, there is no guarantee that some minor sign of klutziness and the smell of beer on your breath won't combine for a trip to jail. It may seem like there is nothing you can do to protect yourself.
But there is. You may be able to help yourself by remembering one simple rule, and Four Words.
Here is the rule:
Florida, like most states, requires that you take a breath test if you are requested to do so. But (and this is important) you are not required to get out of your car and perform any field sobriety tests. In fact, you are not required to do anything, unless you are under arrest.
Got that? The police cannot take you out of your car unless you are under arrest. And if they arrest you without probable cause, then nothing you say or do can be used against you. So, the critical point of the entire process is the point at which you are officially "under arrest."
Which leads us to those four words. Here they are:
"Am I under arrest?"
That's it. Simply ask the officer politely whether you are under arrest. If he says "yes," then you must do what he asks. After all, you don't want to be charged with resisting arrest. However, the officer will have to justify the arrest at a later time before any evidence from the stop can be admitted at trial. If he didn't have probable cause for the arrest at the time he told you that you were under arrest, then everything that comes after will be suppressed and thrown out of the trial.
If the officer says you are not under arrest, then politely decline to say anything further or to exit the car. The best way to decline is to say, "I want to talk to a lawyer before I do anything." Perhaps you might want to use this time to call your lawyer, if you have a cell phone handy. If so, roll up your car window so that you can speak privately. Don't say anything else to the officer or in his presence.
Let me restate this. Many times, the police stop cars for a minor traffic violation, but have no probable cause to arrest for DUI. That is, they have no probable cause until the driver gives it to them by failing the field sobriety tests, or by making damaging admissions, or by getting out of the car and falling on his face. The best thing you can do is not to give them any more reason to arrest you than they already have.
And by making a clear record as to exactly when the arrest is made. This tactic probably won't keep you from being arrested. But the important thing is not whether you are arrested. It's whether you are convicted.
And that's where we come in.
The Law Office of
Thomas S. Hudson, P.A.
Aggressive Defense of DUI and Criminal Cases
Sarasota, Bradenton and Key West, Florida
(941) 957-0500
(305) 292-8384
Drink responsibly. Use a designated driver. Drunk driving kills.
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