During A Stop
For DUI, You Have The Right To... PROTECT
YOURSELF, LAWYERS SAY
By TODD LESKANIC
You know the situation.
It's after 11 on a work night. You had a few
beers with dinner and it's time to drive home.
You feel sober. The possibility you're too drunk
to drive doesn't cross your mind.
Not far from home, though, you see the blue
lights flashing in your rearview mirror. Never
having been arrested before, you want to be
helpful.
But the officer's job is to collect evidence
against you.
Thousands of Floridians face a similar situation
each year. In Florida, where a person with a
blood alcohol level of 0.08 is presumed
intoxicated, many otherwise law-abiding people
get arrested for driving under the influence. A
2002 survey of 56,000 Floridians arrested for
DUI found 70 percent were first-time offenders.
Drunken driving is serious and shatters
countless lives needlessly. So it's only right
the stakes are high.
But when it's you who's had one too many, you
can't afford to say or do the wrong thing. So we
asked a few courtroom veterans for advice.
Here's what they said:
--Realize that no matter what you do or say,
you'll probably be arrested and go to jail until
you're sober. Your car will be impounded and
your driver's license taken.
"For the most part, once they smell alcohol on
your breath, you're going to be arrested," said
DUI defense lawyer Andrew Parks.
--Be polite to the officer, but don't engage in
conversation. Telling an officer where you've
been or how much you've had to drink won't help
your case.
"You're not compelled to answer questions from a
law enforcement officer other than who you are,"
said Tampa lawyer Lori Palmieri. "You don't have
to talk to the police. I don't think the
everyday person knows that."
--Even though you're not entitled to an attorney
during the traffic stop, tell the officer you
want to talk to one anyway. Most stops are
videotaped and shown to jurors, who typically
view the denial in a light favorable to the
defendant.
"There's something about that exchange that
strikes jurors as fundamentally unfair," Tampa
lawyer Eddie Suarez said. "That allows your
lawyer to build some momentum around that.
Anything you refuse to do, it's easier to couch
it in a way that you were refused a lawyer."
--You have the right to refuse to submit to
field sobriety and breath tests. Lawyers suggest
you exercise this right if you're fairly certain
you're over the legal limit. They suggest doing
so despite the fact your license will be
suspended for 12 months for a first-time refusal
of a breath test.
"If you blow and blow over, your license is
still going to be suspended for six months,"
Parks said.
"This is something they do not tell you. You're
led to believe if you blow, your license won't
be suspended," he said.
No matter how well you handle a DUI stop, the
expense and aggravation is never going to be
worth risking your life and the lives of others.
The lawyers themselves say as much.
Their advice: If you drink, call a cab.
IF YOU GET PULLED OVER:
1. Hire an attorney. They can help you navigate
the complexities of the court system. A good one
can tell if your case can be negotiated down to
a less-serious charge.
2. Be prepared to spend thousands of dollars on
attorney's fees, fines and court costs, even if
you're a first-time offender. You're probably
not going to get by for less than $1,500, and
that's without an attorney.
3. Even though the officer confiscated your
license, you can drive for 10 days following the
arrest. Keep the citation with you, though. It's
your temporary license for those 10 days. Use
that time to arrange for alternative
transportation and to hire a lawyer, if you
choose to do so.
4. You cannot expunge a DUI conviction in
Florida. It stays on your record for 75 years.
5. If you plead guilty to DUI as a first-time
offender, be prepared for these penalties:
-- A minimum $250 fine plus court costs;
-- A minimum of 50 hours of community service;
-- As much as one year of probation;
-- An additional six-month suspension of your
license;
-- DUI school, alcohol evaluation and treatment
(if needed);
--10-day immobilization of your vehicle.
6. Penalties are enhanced for repeat offenders
and for people whose blood-alcohol level
measured at 0.2 or higher.
Reporter Todd Leskanic can be reached at (352)
521-3156 or tleskanic@tampatrib.com.
Copyright (c) 2007, The Tampa Tribune and may
not be republished without permission. E-mail
library@tampatrib.com
