If you’re being pulled over for suspected DUI, as soon as you see the police cruiser’s lights flashing you need to start considering your actions. Being arrested for DUI in Miami can be a frightening experience, but remaining calm and rational throughout the ordeal can save your case. A Miami-Dade DUI defense firm is also here to help.
Conducting Yourself during the DUI Arrest
When the officer approaches your vehicle you should remain compliant but restrained. Don’t offer any more information than your license, registration and proof of insurance, because that’s all you’re legally obligated to give. Your right to an attorney begins at this moment, so start considering a call to a Miami-Dade DUI defense firm before answering any questions.
You may be asked to submit to a test to determine if you are intoxicated. This is normally done either through a portable breathalyzer or through a field sobriety test. While both methods are valid, neither is completely accurate, nor are these tests required. You have the right to refuse these tests, although refusal comes at a cost – suspension of your driver’s license.
If the officer determines that they have probable cause to arrest you on charges of DUI they may proceed to remove you from your vehicle. Once the handcuffs are on, you will be transported to the nearest police facility for the booking process.
The Booking Process after Being Arrested for DUI in Miami
Additional chemical testing of your blood, breath or urine for the presence of drugs and alcohol may be conducted once you arrive at the station. Again, you have the right to refusal, but remember that this refusal is admissible as evidence against you at trial. Even if you submit to the test and the results are under the .08 legal limit, you may still be booked and held.
The booking process involves pretty much what we see on television and in movies, you will be:
- given an identification number;
- searched; and
Once this is complete, you will typically be relieved of all items except your clothing and placed in a cell.
Release from Jail after Being Arrested for DUI in Miami
After you are processed, bail is set and you are given the opportunity to contact either a bail bond company or a personal contact to secure bail if possible. Floridalaw requires that a driver arrested for DUI in Miamibe held in jail for at least 8 hours prior to release.
Release may be shortened if the following applies:
- you are found to be no longer intoxicated;
- your faculties are no longer impaired; or
- you register a blood alcohol concentration less than .05.
If bail is posted or if you obtain early release due to one of the listed conditions, you will be released to await your hearing schedule.
If given the option, you should also use this opportunity to contact a Miami-Dade DUI defense firm for help in maintaining your rights. Your right to an attorney is one you should exercise as soon as possible to avoid self-incrimination.
What to Do After Release from Jail
After the initial ordeal of being arrested for DUI in Miami, if you haven’t already done so, contact a Miami-Dade DUI defense firm. Obtaining legal assistance is critical to avoiding unnecessarily harsh penalties and attempting to fight the charges brought against you.
The Florida DUI laws are tough for first offenders, and even tougher on subsequent arrests. A DUI conviction on your criminal record can ruin your future by hindering your ability to find employment, rent an apartment, and do many other things. An experienced attorney can help you make sense of the charges against you and deal with the consequences you may face.
Contacting a Miami-Dade DUI Defense Firm
You have the right to a Miamicriminal defense attorney during the proceedings following your arrest in Florida. If you are arrested for DUI in Miami, your legal team is your best defense. Contact the Falk & Ross Miami-Dade DUI defense firm to discuss your case – 1-877-663-5110.