Orlando DUI Attorney Helps You Understand Your Rights When You Are Stopped for Drunk Driving

Advising clients in Florida since 1983

Throughout the country, states are imposing harsh penalties on drivers convicted of DUI. Florida is no exception. Under the state’s complex DUI laws, convictions carry serious sentences. If you are arrested and charged with DUI, you need to understand your rights. With more than 30 years of legal experience, our attorney at McShane & McShane Law Firm, P.A. knows how to explain your rights to you in an easy-to-understand manner. Furthermore, we fight aggressively to ensure that your rights are protected at every stage of your case.

Your rights

Being charged with DUI does not mean you are guilty. As with any criminal accusation, you are innocent until proven guilty in a court of law. During DUI stops and at checkpoints, law enforcement officers frequently use field sobriety tests to obtain probable cause that a motorist is drunk. You have the right, however, to refuse to take a field sobriety test without suffering any penalties as a result. Refusing a field sobriety test provides the state with less evidence against you. However, your very refusal may be all the evidence needed to secure a conviction. It ultimately depends on the specifics of your case. If the police ask to search your vehicle, politely say, “No.”

You should also be aware that, if the police do arrest you, you have the right to remain silent and your best interests are served by doing so until your criminal defense attorney arrives. Additionally, as soon as you request a lawyer, all police questioning must cease.

Florida’s implied consent law

When you operate a motor vehicle in Florida — whether you are a Florida resident with a Florida driver’s license or are visiting from out of state — you automatically agree to comply with Florida driving laws, including Florida’s implied consent law.

Implied consent means that all drivers must consent to a blood alcohol level (BAL) test if so requested by law enforcement officers. If you refuse to have your breath, blood or urine tested, your license will be suspended. Your refusal could constitute a separate crime, in addition to the DUI charge, and carries its own penalties if you have previously refused a breath, blood or urine test.

Contact Neal T. McShane, an experienced DUI attorney in Orlando

If you or a family member is facing Florida DUI charges, you can rely on our skilled lawyer at McShane & McShane Law Firm, P.A. in Orlando. Call us at 407.648.1500 or contact us online today to schedule a free initial consultation to discuss your case. Se habla español.