If Florida police have a reasonable suspicion that a crime has been committed they can pull your motor vehicle to the side of the road. You may have committed another traffic offense as minor as failing to use your turn signal, or have been driving recklessly. Both are valid reasons to pull you over. Other reasons could be a DUI checkpoint or maybe you were involved in an automobile accident. In any of these encounters with the law, if the police suspect you have been drinking or are under the influence of marijuana or other drugs, you may be asked to take a battery of field sobriety tests. Don’t take them.
Nothing Good Can Come From FST’s
Don’t be mislead that you can pass a field sobriety test and released on your way. You can not and will not. Field sobriety test results are designed to provide the prosecution with more evidence that can be used against you in court to attempt to prove that you were DUI. Chances are almost 100% that if an officer asked you to perform the tests his/her mind is already made up to arrest you and is just looking for more evidence for court. Field sobriety tests are part of the police investigation and you are under no obligation at this point to help them arrest you. You do not have to comply with a request to undergo field sobriety tests. If they ask you to step out of your vehicle, you will be arrested, field sobriety tests or not.
Once you are arrested and placed in custody your right to remain silent and to have an attorney present during questioning kicks in. Remain silent and simply tell police that you would first like to have a lawyer present, even if you don’t know who to call. My legal practice is devoted to Florida DUI cases so I am available 27/7, on weekends and on holidays, in other words, during the off-hours times when you are likely to need me. If you are arrested exercise your rigrneht to remain silent and call the Florida DUI attoy Malcolm Anthony immediately.