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What should you do if you get stopped by a police officer and he asks if you have been drinking?

Sep 23, 2012
by Finebloom, Haenel & Higgins P.A.
DUI Attorney orlando, Florida DUI, Orlando DUI, Orlando DUI Lawyer, pulled over for drunk driving, what to do if you have been pulled over and the cop asks if you have been drinking
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Orlando’s Focused DUI Attorneys; “I’ve been pulled over and I’ve had a few drinks…what should I do?”

The DUI Defense lawyers of Finebloom and Haenel have helped a large number of Orlando area drivers charged with DUI.  Our DUI attorneys have learned from the experiences of our clients and from the experiences of Orlando law enforcement.   You might be wondering how to handle yourself if you are pulled over after consuming alcohol. Even just one drink, given the correct balance of timing, can be enough to register you with a BAC over Florida’s legal limit of 0.08.

Rule #1 is the most obvious. If you’re going to drink…DON’T DRIVE!  The consequences and repercussions are simply not worth the risk.  Wait a few hours…call a friend…call a cab.

TOP TIPS TO FOLLOW IF YOU ARE PULLED OVER

If you must drive after consuming alcohol and find yourself pulled over by Orlando police or an Orange County Sheriff, here are 3 tips we can offer you based on tips from our DUI clients and actual law enforcement personnel:

  1. Utilize your turn signal and cautiously pull to the side of the road. Roll down your driver and passenger side windows, place both hands on the steering wheel, and remain calm. This is considered common courtesy to approaching officers and he/she feels safer while approaching a strange vehicle.  Manners, common courtesy, and good etiquette should be working to your benefit in this situation.  Good conduct can ONLY help you at this point.
  2. Don’t get out of your car. Don’t hand out of the window or seem “antsy”.  Do not shuffle around in your glove compartment.  Keep both hands on the wheel and wait for further instruction from the officer. The officer will ask you to retrieve your license and registration when he or she wants to see it.  It is not advisable to “go the extra mile” and dig out your documents ahead of time. The officer does not know you and doesn’t know whether you’re digging out a vehicle registration or a weapon. Don’t make the officer try to guess which it is you’re doing. Remember to stay calm, take action when you’re directed to do so.
  3. Answer any questions directly and honestly.  Do not give lengthy explanations or volunteer unnecessary details.  If the officer asks, “Have you had anything to drink?” you may make a choice.  It is your right to decline to answer this question.  However, if you choose to respond, be direct.  Chances are the officer is closely observing HOW you respond to the question.  Perhaps you only drank 1 beer, but are you slurring or uncoordinated?

Here’s what is likely to happen next…especially if you HAVE been drinking. The officer will request that you submit to a field sobriety test. If asked to submit to a field sobriety tests, you can accept or refuse.  Every Floridan has the right to refuse the field sobriety test.

However, under Florida’s implied consent laws, any licensed driver automatically consents to a chemical (breath or blood) test when he or she operates a motor vehicle. Refusal of the chemical test results in stiff penalties; an automatic 1-year license suspension and hefty fines.  If you’ve been drinking and this is your first time being pulled over and facing a possible DUI, the odds are that the consequences of failing the chemical test are much less severe than those associated with  a refusal of the test altogether.

DUI Defense Attorneys – Experience Working to Help Orlando Drivers

At Finebloom and Haenel, our Orlando DUI attorneys are experienced in the area of DUI Defense.  Our experience in this specific area of defense works to your benefit.  Our Orlando DUI Defense lawyers are focused on the nuances and technicalities of DUI Defense.  This has proven beneficial to the thousands of DUI Defense clients we’ve helped to reach favorable case outcomes in and around Orlando.  Call the Orlando office of Finebloom and Haenel for a free evaluation of your DUI case today!

About the Author
We are one of Orlando, Florida's premiere Criminal Defense & DUI Defense law firms. Our aggressive lawyers help clients fight charges in all criminal areas, including DUI, Drug Charges, Juvenile Charges, Assault/Battery, Felonies/Misdemeanors, And Much More! Our legal representation is second to none. The passion and knowledge that our lawyers possess sets us apart from any other law firm. If you have been charged with a crime your future is on the line and you need someone you can trust to help you through these tough times and get you the best outcome for your case. Call us and speak to an actual attorney no matter what time of day it is and even on the weekends - we are available 24/7. We can get you through this!
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