Facing a DUI arrest can be an overwhelming experience, fraught with uncertainty about the future. In the aftermath of such a serious charge, one wrong move could have lasting repercussions on your life and freedom. Because of this, you must be aware of the potential pitfalls that could further complicate your situation.
Our attorneys at Stechschulte Nell Law have seen firsthand the devastating consequences of common mistakes made post-DUI arrest and want to help you avoid them while you navigate this challenging time. We discuss the missteps to provide you with invaluable insights on what to avoid to safeguard your legal rights and protect your future.
Your Rights During a DUI Arrest
In the unsettling event of a DUI arrest, it’s critical to remember that you have rights designed to protect you. Key among these is your Fifth Amendment right to remain silent. Remaining silent can prevent inadvertently saying something that could be harmful to your case.
Aside from the right to remain silent, you also have other rights under Florida law, such as the right to refuse a field sobriety test or a breathalyzer. Be careful though, as refusal can lead to consequences, such as a suspended driver’s license. However, sometimes the implications of a refusal are less severe than the potential results of a failed test.
Additionally, you have the right to legal representation. You can state clearly that you wish to speak to an attorney before any further questioning or tests. Police should respect this request and cease all questioning until you’ve had a chance to consult with your lawyer.
Lastly, every DUI defendant in Florida has the right to a fair and speedy trial. If challenged by a dedicated DUI defense attorney, the prosecution must provide sufficient evidence to prove that you were impaired beyond a reasonable doubt. This level of proof often requires comprehensive and reliable evidence, which is not always easy to deliver.
Note: Understanding your rights during a DUI arrest is crucial. Be informed, stay calm, and seek legal counsel promptly to protect your rights and present the best defense possible.
Read More > Challenging DUI Traffic Stops
What Not to Do Post-DUI Arrest
Following a DUI arrest, there are certain actions you should unquestionably avoid. These mistakes might impede the strength of your defense or even add to the consequences you’re facing.
Here’s a list to keep in mind:
- Arguing with law enforcement: Aim to remain calm and collected. Misbehavior may be seen as further proof of intoxication and can only exacerbate your situation.
- Admitting guilt or volunteering information: Any statement you make can and likely will be used against you. It’s best to stay silent and let your attorney do the talking.
- Refusing to submit to tests: While there are cases where the tests can be challenged, refusal often leads to automatic license suspension and the imposition of harsher penalties.
- Assuming you’ll be found guilty: Remember, just because you were arrested doesn’t necessarily mean you’re guilty. There are numerous defensive strategies suitable for DUI cases. Consult with your legal counsel to determine the next steps.
- Delaying legal counsel: Speed is key after a DUI arrest. The quicker you retain legal representation, the better your chances of a favorable outcome. Prolonged procrastination might limit the options available to your lawyer.
If you’ve been arrested for a DUI, it’s crucial to be aware of these common mistakes. With the right knowledge and the help of engaged and proficient legal professionals such as ourselves at Stechschulte Nell Law, you can navigate this challenging terrain more successfully.
Why You Need Legal Representation After a DUI Arrest
DUI representation is not an option, but a necessity. But, why? Can’t you just defend yourself? We wouldn’t recommend it.
A competent DUI lawyer has a clear understanding of the legal regulations and complex chemistry involved in a DUI case. Our experienced DUI attorneys are skilled in questioning the validity of the field sobriety tests and breathalyzer accuracy, providing innocent explanations for so-called signs of intoxication. We understand that challenging the prosecution’s evidence is instrumental in a successful defense.
We can also critically evaluate whether there was sufficient probable cause for a DUI arrest in the first place. Unlawful traffic stops and illegal arrests can severely impair the prosecution’s case against you, thus this is an avenue that should be explored.
Your future doesn’t need to be defined by a DUI arrest, and that’s what we’re here to help with.
Read More > What Happens to a CDL if You Get a DUI?
Skilled DUI Defense
Facing a DUI arrest can challenging, but it is crucial to avoid common mistakes that could further complicate your situation. Seeking the guidance of experienced attorneys like those at Stechschulte Nell Law can help navigate the legal process and ensure your rights are protected.
Remember to refrain from discussing the details of your case with anyone other than your legal representation and to comply with all court-ordered requirements. By taking proactive steps and following the advice of our lawyers, you can improve your chances of a favorable outcome.
Don’t hesitate to reach out to Stechschulte Nell Law for a FREE DUI case review at 813-280-1244 today.
