If you have been accused of drunk driving or causing a car accident by driving drunk, you may be deeply frightened and upset. No one likes to be accused of something they did not do and DUI convictions can carry serious consequences, including fines, penalties, jail time, and loss of driving privileges. If you feel you have been accused unfairly, there are many things you can do:
1) Contact an attorney. Your first step should be to contact a qualified Florida attorney who can represent you and offer you advice about your situation. A good attorney can help represent you in court and can offer you information about your legal rights.
2) Have your sobriety tests investigated. In many states, field sobriety tests and mandatory. If you have taken such a test, you may want to have the results investigated. Studies have repeatedly shown that these tests have a high rate of error. As well, field sobriety tests rely very heavily on the experience and ability of the person administration the tests. If the tests are administered incorrectly, they will not yield accurate results. A good Florida attorney can investigate your field sobriety test for accuracy.
3) Have your blood alcohol screening tests investigated. Blood alcohol screening tests test blood alcohol levels (BACs) and these tests are generally mandatory. Although more accurate than field sobriety tests, blood alcohol screening tests have their own challenges. If the tests are not correctly maintained, administered, or calibrated, blood alcohol screening tests can also yield inaccurate results. Some drivers have been charged and even convicted of driving under the influence based on blood alcohol screening tests that were inaccurate, so it is a good idea to double-check these tests. A good attorney can check the accuracy of your blood alcohol screening tests.
4) Check your legal rights at the time of arrest. An officer cannot arrest you for DUI if you have been driving erratically or for other reasons. Field sobriety tests or BAC tests are usually used to determine probable cause. Go over the sequence of actions leading up to your arrest with an attorney. Your attorney can help you determine whether your rights were persevered at the time of arrest.
5) Move to protect your driving privileges. Speak with your attorney about preserving your driving privileges. You generally have only a short period of time to protect these rights and you will want to do so, especially if the case against you has no cause.