Driving Under the Influence is a serious offense under Florida law, with serious consequences that can damage your reputation, livelihood and ability to operate a motor vehicle. Fines are up to $2,000 and a DUI conviction permanently remains on your record, which CANNOT be sealed or expunged.
Know Your Rights
As declared by the 6th Amendment of the US Constitution, your right to an attorney is guaranteed and protected. Unfortunately, the time which you have been pulled over for suspected driving under the influence is not the time when you can speak to your attorney. In fact, it may take over eight hours before you can even be released.
Contrary to popular belief, the police officer does not have to read you your Miranda rights at the time of your arrest. You will more than likely be read your Miranda rights at the police station (if at all), after being subjected to roadside sobriety tests, breathalyzers, and more.
As such, anything you say can and will be used against you in a court of law, including breathalyzer results and roadside sobriety tests. These roadside tests are rarely accurate and can be fought in court. Additionally, you have the right to refuse to take any test as well as to remain silent.
Remember the following:
- A DUI conviction is permanent and will remain on your record for life. This could affect your ability to get a job and your immigration status.
- You are innocent until proven guilty. The case must be proved beyond a reasonable doubt by the State.
- If you fail to appear in court, a bench warrant will be issued for your arrest. This could cause you to lose your bond status and be incarcerated.
- Refusal to perform a field sobriety test will result in a DUI arrest and refusal of a breath test will result in revocation of your driving privileges.
Attorney Roger Elkind has over 20 years experience, with a long record of substantial DUI case victories. If you have any questions regarding your DUI arrest or would like to consult a reputable DUI attorney, do not hesitate to contact the Law Offices of Roger S. Elkind. Criminal Law consultations are free. Appointments are also available on nights and weekends, and Mr. Elkind will travel to see you.
Field Sobriety Tests
During a DUI Arrest
If you've been stopped while driving under the influence, the police may require you to perform the following Breath and Field Sobriety Tests:
HORIZONTAL GAZE NYSTAGMUS
The HGN Test is the most unreliable DUI sobriety test.
BREATHALYZER TESTS
Instrument must be maintained on a monthly basis.
WALK AND TURN TEST
An abnormal test to determine your normal faculties.
ONE LEG STAND
A physical test that sober people cannot perform.
BALANCE TEST
People have a natural 3 inch sway without drinking.
FINGER TO NOSE TEST
Touch a different part of your noise and you have failed.
Contact Attorney
Roger S. Elkind
Need additional information? Contact our law office at:
2875 NE 191st Street, Suite 506
Aventura, FL 33180
Miami-Dade: (305) 444-4413
Broward: (954) 458-0757
Palm Beach: (561) 488-8899
Fax:
(305) 974-6451
Email: rogerelkind@msn.com
Appointments available on nights & weekends. Walk-ins welcome.
Not in Miami? Mr. Elkind will travel to see you.
