DUI Arrest and Defense Fort Myers Attorney

If I’m stopped by a police officer and he asks me if I’ve been drinking, what should I say?

You can always politely reply that you would like to speak with an attorney before answering any questions. Remember that you are not required to answer potentially incriminating questions.

Admitting that you had a beer should not cause you any trouble. It might just explain the smell of alcohol in your breath.

What should I do if I am asked to take field sobriety tests?

Even if you blew under the legal limit, you might still have to perform a field sobriety test (FST). In Florida, the police can request you to do a field sobriety test based on their reasonable belief that you are impaired.

There are different types of sobriety tests, such as heel-to-toe, finger-to-nose or saying alphabets backwards. Usually three to five tests are used as a field sobriety test.

You are not legally required to take any FSTs. The tests simply provide additional evidence in cases where the suspect fails, which is often the case. Most officers have already made up their minds to make an arrest when they conduct the FSTs.

Many states have begun following the federally-approved (National Highway Traffic Safety Administration, NHTSA) standardized field sobriety tests. These tests consist of walk and turn on the line, horizontal and vertical gaze nystagmus and raise one leg and count.

DUI when not Driving

Even if the State can prove that you were impaired, they still typically have to prove that you were either driving, operating or in actual physical control of your vehicle at the time. Driving while impaired is illegal but it’s not necessarily a crime to sleep in the driver’s seat, especially if the engine is not running.

Different states have different customs of DUI proof. Many states have this “totality of the circumstances” convention that will help to evaluate driver’s condition to operate a vehicle. There are factors that the judge or jury will examine, such as the location of the car, driver and car keys. They will also pay attention to whether the car engine was running, and if the driver was asleep or awake.

The vehicle’s location more or less shows that the person was driving before police showed up. The jury might find that the driver was operating the vehicle if he or she was found in the driver’s seat or close to it. Then again, the situation is different if the person was sleeping in the backseat or was found outside of the car.

Usually, if a driver doesn’t have keys, then a judge or jury often won’t convict. If the driver has had the keys in reach, then the judge or jury might believe that that the driver was in physical control.

The issue of whether the engine is running, in combination with the driver’s location, is important. It is a common conclusion that a driver at the front seat is more likely in physical control than if that person was found from the back seat.

The possibility of a sleeping driver waking up makes the location of where the driver is sleeping incredibly important. For example, an Awakened person is more likely to start driving compared to a sleeping person in the backseat.