What is required for a police officer to pull me over for Florida DUI?
An officer may not pull you over simply because of a “hunch” that you are intoxicated without specific evidence supporting reasonable suspicion that you are engaged in unlawful conduct. The basis for pulling you over generally will be based on the officer observing unlawful conduct like speeding, driving without lights, running a red light or observing you engaging in unsafe driving practices. If an officer pulls you over without sufficient legal cause, it may create a legal basis for a Florida DUI attorney to file a motion to exclude key evidence.
Do I have to agree to take field sobriety tests?
There is no legal requirement that you agree to submit to field sobriety tests. Generally, these tests are designed to ensure that you fail and serve no purpose other than to provide the officer with evidence supporting a DUI arrest and conviction. Because these tests generally will not serve any function other than to provide evidence that will be used against you, there generally is little to be gained by submitting to field sobriety testing.
What should I say if the officer asks me if I have been drinking?
It is never a good idea to admit that you have been drinking if you are asked this question by a police officer. However, it is not advisable to lie to the officer either. The best response is simply to indicate that you would prefer not to answer any questions until you have had a chance to speak with an attorney. The officer will not grant this request because you have not been arrested, but the less you engage in a conversation with the attorney the better the chance you will not provide the officer with a legitimate basis to conduct a DUI investigation. The officer asks you these questions because he is looking for evidence that provides a legal basis to initiate a DUI investigation. The officer is specifically looking for red watery eyes, the odor of alcohol and slurred speech.
Do I have a right to call Florida DUI lawyers?
The right to have Florida DUI law counsel present during questioning generally does not attach until you are in custody. The point at which you are in custody is when you are not free to leave. While the officer may pull you over and detain you briefly based on less than probable cause, the officer must have probable cause to arrest you.