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What Are My Rights As A Driver In A DUI Investigation?

We have a rule that we call the DADA rule.


D-Don't Say Anything.

A-Ask for a Lawyer.

D-Decline Field Sobriety Test.

A-Ask for a Lawyer.

Don't Say Anything. The first D stands for don't say anything more than you have to in order to give them your identifying information. Don't answer any questions about how impaired you are. Don't estimate your level of impairment on a scale of zero to 10. Don't tell the police where you were going or where you're coming from. Don't tell them what you had to drink or what medications you're on.

Ask for a lawyer. At the earliest opportunity, ask for a lawyer. Every time they ask you a question, ask for a lawyer. They're going to say that you're not entitled to a lawyer yet. Keep asking, for the record.

Decline any field sobriety tests. They are notoriously inaccurate. There was a recent study by the National Highway Traffic Safety Administration that showed that two thirds of sober drivers tested as impaired on the Horizontal Gaze Nystagmus test when it was properly performed. Considering that most of the tests are not performed correctly, it is a very serious mistake to let them do any of those tests on you.

Ask for a lawyer, again. Keep asking for a lawyer. Ask for a lawyer every time you open your mouth.

Is Self-Representation Ever A Viable Option In A DUI Case?

Self-representation is viable only in the way that it's viable to drive to the end of the block with a paper bag over your head. You might get there in one piece if everything goes right and nothing surprises you, but the slightest unexpected event and you are in a ditch. If you don't have a lawyer, you'll never know what things might've gone differently. DUI cases are really complicated. If the police don't do things exactly right, the case can be thrown out. That's never going to happen if you're representing yourself.

The other factor to consider is that if the judge or prosecutors think you're not taking your case seriously, which is the conclusion they are going to draw if you walk into the courtroom without a lawyer, it encourages them to make sure that you understand that it is a big deal by coming down hard on you

What Can Your Firm Do For Me In My DUI Case?

I don't handle robberies anymore. I don't handle murders anymore. I don't handle rapes or drug cases or felonious assault anymore. I spend my entire career focused on DUI defense. When a new case is decided in Montana, or New Mexico, or Vermont that affects DUI stops, I know about it. There are very few lawyers who put the time and effort into being experts in this one narrow sliver of the law that I spend my entire life pursuing. There's no one who takes this area of law more seriously than we do

For more information on Driver's Rights In A DUI Investigation In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (786) 579-2100 today

Why We're Different

Board Certification as a DUI Specialist by the National College for DUI Defense. Formal NHTSA Certification as an Instructor of the Standardized Field Sobriety Tests given by police in DUI cases. Formal training as a NHTSA Drug Recognition Evaluator. ("Drug Evaluation & Classification") Formal training to operate the Intoxilyzer 8000, Florida's official breath test instrument. Extensive experience in teaching other attorneys how to handle DUI cases. Hundreds of jury trials both as defense lawyer and as prosecutor.