Arrested for Drunk Driving

"Mom and Dad, I just got arrested for drunk-driving."

This is an awful and awkward situation - when you have to let your parents know you've been busted for drunk-driving.

You might have a plan for what you tell them, perhaps you are honest and you come clean and take your punishment. But should you be honest with cops on the scene the same way you would be honest with your parents?

It can be intimidating to deal with police, particularly when you are accused of doing something dangerous to others. Remind yourself, though, you have rights that apply to all stages of detainment from arrest through prosecution. When a police officer asks you, "Sir / Ma'am, Have you been drinking? Are there any drugs in the car?" Your duties to comply with the law do not include your own admission of guilt. You have rights. The Fourth Amendment deals with your rights when police search or take your things (your car, your glove compartment, your trunk, your purse ) under certain circumstances. The Fifth Amendment deals with a person's right not to incriminate himself or herself through words. The Sixth Amendment assures a right to an attorney when you are in jail and have been charged with a crime. The state must always prove certain particular elements determined by Florida's state laws in order to punish you. If you admit you have been drinking, you slur your speech, or you do not pass a field sobriety test, the state may have an easier time proving the elements of the crime. It is possible to peacefully comply with law enforcement officials without incriminating yourself.

Do not treat police officers as if they were going to forgive you for the offense, as if they were your parents. Being prosecuted for a DUI can result in a fine of between $500 and $2000, between 6 months and 5 years in jail, points on insurance, and social stigma. The punishments are serious, but you have help. Contact the experienced, detail-oriented advocates at Umansky Law Firm. We will examine how the officer talked to you, how the officer treated you and your things, the details of your arrest and all of the consequences. If any law enforcement official violated your rights or made a procedural mistake in arresting or questioning you, we will find out, and we will defend you from prosecution. Don't panic even if your parents get angry at you, we will be there to help.

To find out more about your rights when you've been arrested for DUI in Florida or to schedule an appointment with an attorney, contact us at 407-228-3838 or click the "contact us" button at the bottom of this page.