What to Do if Stopped for a DUI in Jacksonville?

You've been stopped by a Jacksonville police officer, and the police start a DUI investigation. What should you do?

 This is never an easy question to answer, and the best course of action will vary depending upon the facts of your case. However, here are some basic guidelines which should help:

First: Have your driver’s license, registration, and proof of insurance ready to give the officer when he arrives at your car. It is very common for officers to note in their report that you had difficulty finding these documents, so have them ready to turn over.

Second: During the officer’s initial contact with you, he will be attempting to determine whether a further detention for field sobriety testing is appropriate. If you choose to answer his questions, do not ramble! Nerves cause a person to speak fast, so slow down your speech pattern.

Third: If the officer requests that you exit your car, you can be assured that a full-blown DUI investigation is starting. You are likely being videotaped at this time. Some things to consider:

1. Do NOT use any part of the car for support as you exit your car.
2. Do NOT lean on the car for support while talking to the officer.
3. You should be advised of your “Miranda Rights” by the officer at that time. If your answers to questions about alcohol intake will hurt you, do not answer those questions. Request the presence of an attorney before answering questions – this request will force the officer to stop his questioning of you.

Fourth: If you decide to take the Field Sobriety (roadside) tests, listen carefully to the officer’s instructions. If you do not understand any part of the instructions, ask him to repeat them. Do NOT start the tests before being instructed to do so. Officers always notate this on their reports.

Fifth: If you are injured in any way (especially back or leg injuries), be sure to tell the officer about these injuries. If you think the injuries will affect your ability to perform these tests, do not take them. Further, if you have difficulty hearing, tell the officer about your hearing issues.

Sixth: If you are arrested, you will be transported to the county jail, where you will be requested to take a breath test. Some things to keep in mind are:

1. If you take the breath test and don’t agree with the results, you have the right to request an “independent blood test.” Though the jail personnel do not have to provide this test for you, they do have to give you access to a phone and a phone book, and they must allow you to call the facility of your choosing to come and take blood from you. If you request this blood test and the jail personnel do not assist you in this manner, the breath test results may not be admissible in your case
2. Studies have shown that the breath test machine will likely score significantly higher results if a “deep lung air sample” is provided. Taking a few deep breaths before blowing, and then taking only a 60% of a full breath before blowing into the machine can keep these results lower. As long as you provide 1.1 liters of air into the machine, the result is “legal”.
   

Seventh: Contrary to what most people think, it is NOT a crime in Florida to drink and drive. Under Florida law, in order to obtain a conviction, the State must prove either that you (a) were impaired by alcohol while driving, or (b) had a breath alcohol level over the "legal limit" (.08%) while driving. Although the amount of consumed alcohol required to put a person over the "legal limit" varies dramatically by individual, generally 2-3 beers or single-shot drinks will not put you over this "limit." Think before you refuse the breath test, as the penalties for a refusal can be very severe, and doing well on a breath test can provide an excellent defense to a DUI charge.

Eighth: Being under the influence of certain prescription medication (even if properly prescribed) is not a defense to a DUI charge. If you have recently ingested certain narcotic drugs, you are better off asserting your right to remain silent than admitting this drug use.

Lastly, and most importantly: THINK BEFORE YOU DRINK AND DRIVE. If you've had too much to drink, calling a taxi or having a friend drive you home is always cheaper and safer than facing the consequences of a DUI arrest.If you've been arrested for DUI, call me for a free consultation. I look forward to serving you!

Scott F. Mitchell has been practicing criminal law since graduating from Florida State University in 1982. He is a former prosecutor with the State Attorney's Office in Jacksonville, where he handled all types of cases, from DUI to homicide.

Since entering private practice in Jacksonville in 1986, Mr. Mitchell has represented defendants in all types of cases, including DUI, domestic violence, drug offenses, theft, sex offenses, and other serious crimes.

We pride ourselves on our 24 hour emergency availability. This can be crucial to insure you have counsel available at your initial bond hearing, which generally happens within 36 hours of an arrest.