DUI Arrest in Orlando: What Happens After You’re Pulled Over?
Being pulled over for suspicion of driving under the influence (DUI) in Orlando can be an intimidating and stressful experience. Understanding precisely what to expect during this process can help you remain calm, protect your rights, and improve your chances of a favorable outcome.
Below, we break down step-by-step what occurs from the moment you see flashing lights behind you, including your rights during sobriety tests and what legally constitutes probable cause for an arrest.
Step 1: The Traffic Stop
A DUI investigation typically begins with a traffic stop. Law enforcement officers must have a legitimate reason to pull you over, such as erratic driving, speeding, or a vehicle equipment violation. It’s crucial to know that officers cannot stop a vehicle arbitrarily; they must observe specific behaviors or violations suggesting potential impairment or another issue.
Step 2: Initial Officer Interaction
After pulling you over, the officer will approach your vehicle and ask for your driver’s license, registration, and proof of insurance. During this interaction, the officer will be observant, looking for any signs of impairment such as slurred speech, bloodshot eyes, or the odor of alcohol. Although you must provide the requested documentation, you are not legally required to answer incriminating questions about where you’ve been or how much you’ve had to drink.
Step 3: Field Sobriety Tests (FSTs)
If the officer suspects you might be impaired, they may request that you perform field sobriety tests (FSTs). Standard tests include the Horizontal Gaze Nystagmus (HGN) test, walk-and-turn test, and the one-leg stand. While officers use these tests to build probable cause for arrest, it’s important to note that you are legally allowed to refuse these tests without penalty under Florida law.
Refusing the field sobriety tests can limit the prosecution’s evidence against you; however, officers may still proceed with their investigation based on other observed indicators of impairment.
Step 4: Preliminary Breath Test (PBT)
Officers may also request that you submit to a preliminary breath test (PBT) at the roadside. Like field sobriety tests, you are not legally obligated to perform this roadside breath test, and there are no penalties for refusal in Florida. The purpose of this test is primarily to establish probable cause for an official arrest.
Step 5: Probable Cause and Arrest
For an officer to legally arrest you for DUI, they must establish probable cause. Probable cause in DUI cases generally means the officer has gathered enough evidence, through observations, admissions, performance on field sobriety tests, or a PBT result, to reasonably believe that you were operating a vehicle while impaired.
Once probable cause is established, the officer will formally place you under arrest, read you your Miranda rights, and transport you to the police station or detention center for further testing.
Step 6: Breathalyzer and Chemical Tests
After an arrest, Florida’s implied consent laws come into play. Florida Statute §316.1932 indicates that by holding a driver’s license, you have implicitly consented to submit to chemical tests (breath, blood, or urine) following a lawful DUI arrest. Refusal at this stage can result in administrative penalties, such as an automatic driver’s license suspension, even if you are later found not guilty in court.
Breathalyzer tests conducted at the station provide critical evidence for the prosecution, and accuracy is crucial. These tests must be administered following strict procedures; any deviation can form part of a strong defense.
Step 7: Booking and Initial Court Appearance
Following testing, you will be booked into custody, photographed, fingerprinted, and formally charged. Shortly afterward, you will have your initial appearance in court. During this hearing, a judge will inform you of the charges, consider bail, and set conditions for your release pending further proceedings.
Protecting Your Rights: Key Considerations
Throughout the DUI stop, arrest, and subsequent processing, remember your fundamental rights. You have the right to remain silent and not provide self-incriminating information. Clearly, invoking your right to speak with an experienced Orlando DUI lawyer as soon as possible can significantly impact your case’s outcome.
Strategies for Challenging a DUI Arrest
Challenging the validity of the initial stop is often an effective defense strategy. If the officer lacked reasonable suspicion to initiate the stop or probable cause for your arrest, any evidence gathered could potentially be suppressed, weakening the prosecution’s case.
Additionally, challenging the accuracy of the breathalyzer test results or the reliability of field sobriety tests can significantly bolster your defense. Expert testimony on testing procedures, calibration records, and the officer’s training and adherence to protocol can be particularly compelling in court.
The Importance of Experienced Legal Counsel
Facing a DUI arrest is serious and can lead to severe legal and personal consequences, including jail time, significant fines, license suspension, and a permanent criminal record. Having skilled legal representation is vital. An experienced Orlando DUI lawyer can thoroughly examine the evidence against you, identify procedural errors or rights violations, and build a robust defense tailored specifically to your case.
Contact Joshi Law Firm, PA
If you’ve been arrested for DUI in Orlando, swift and knowledgeable legal assistance is essential. At Joshi Law Firm, PA, we have extensive experience navigating the complexities of DUI cases. Our attorneys are dedicated to protecting your rights, minimizing penalties, and advocating aggressively on your behalf. Contact Joshi Law Firm, PA today to discuss your case and start building your defense immediately.
Source:
Florida Statute §316.1932 – Tests for Alcohol, Chemical Substances
