Questions to ask when you’re arrested for DUI

On Behalf of | Aug 4, 2022 | DUI

Getting arrested for a DUI is a serious offense that can lead to jail time, loss of driving privileges and expensive fines. However, to avoid a conviction, it is important to know how to defend yourself against the charges in a Florida courtroom.

Did the police officer read you your Miranda rights?

Usually, when you get arrested, the police officer should read you your Miranda rights. The purpose of Miranda rights is to protect you from self-incrimination. If the police officer did not read you your Miranda rights, then the court may not allow the evidence against you to be used in court.

Was the Breathalyzer test or field sobriety test accurate?

You may challenge the accuracy of the Breathalyzer test and field sobriety test. The machine used for the breath test may have been calibrated incorrectly or not maintained properly. This means that the machine may have given you a false positive. Also, the DUI test is subjective and can get influenced by many factors, such as nerves or medical conditions. The field sobriety test is subjective and may be inaccurate if the officer did not administer the test correctly.

Was there a valid reason for the police officer to stop you?

A reasonable suspicion that a crime has been committed is required for the police officer to stop you. If the police officer did not have a valid reason to stop you, then the evidence against you may get suppressed. One of the most common reasons for a police officer to stop a driver is for speeding. Another common reason is for weaving in and out of lanes.

Were the instructions for the field sobriety test clear?

Police officers typically use three types of field sobriety tests: the horizontal gaze nystagmus test, the walk-and-turn test and the one-leg stand test. If you did not understand the instructions for the field sobriety test, then you may be able to claim that you were unable to complete the test accurately.