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First steps to take if you've been arrested for drunk driving in Florida


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You’ve Been Arrested for DUI in Florida – Now What? Being arrested and charged with a DUI is a terrifying experience, and perhaps the worst part of the situation aside from the consequences you face is that you have no time to deal with the problem. You need to act fast and decisively if you are arrested for DUI in Miami, and below is a brief look at how to proceed in furtherance of the defense you and your Miami DUI lawyer will build on your behalf.

Be Polite with the Officer

The worst thing you can do if you are pulled over for a suspected DUI is to become antagonistic or abrasive with the officer. Do not act in a confrontational manner, and do not do or say anything that the officer doesn’t specifically ask you to do or say. You will only arouse suspicion of you act that way, so treat the officer with respect.

Gather the Facts

If you are arrested for DUI, you do have the Constitutional right to speak to a Miami DUI attorney while you are being questioned. However, many DUI arrests do not involve any sort of interrogation at the precinct, and basically they’ll write you the citation and send you on your way. When this is complete, make sure that you immediately write down everything that happened that led to your arrest, as it will be much easier to recall certain facts if they’re in writing. Do not edit yourself – you never know what fact will become crucial to your defense.

Administrative Proceeding

One of the most overlooked, but critical, components of every DUI proceeding is the administrative hearing that occurs with the Florida Department of Highway Safety and Motor Vehicles. This hearing will generally occur within a few days of your arrest, and you are required to be present at this hearing, which will determine whether or not your driving privileges will continue. Failure to respond or appear at this hearing will result in an automatic revocation of your driver’s license.

Legal Proceeding

Even with the administrative hearing in place, you obviously still need to work with your West Palm Beach drunk driving lawyer to make sure that you mount as strong a defense as possible. You and your attorney will look for problems with your arrest, your questioning, your field sobriety test or any other reason that the arrest could be seen as problematic in terms of the Constitution. These are only a few examples of what could be done to bolster your case, and the specific strategies you’ll use will depend on the facts of your case.

Regardless of what happened or how it happened, one thing that you need to understand is that if you have been arrested for DUI in Florida, you need to act immediately and aggressively to protect your rights.

Contact a Miami DUI Lawyer

When you’ve gathered your facts, contact an attorney immediately. He or she will be able to help you organize and analyze the facts that led to your arrest, and he or she will also be able to help you identify the issues you face. You will need an attorney to fight for your rights in every respect, and this is definitely not a situation in which you should attempt to fight your own battle – you need legal representation to make sure that none of the rights available to you go unenforced.


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Charles Valentine
Legal Help
Indianapolis, IN

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