Florida DUI FAQ

Do I have to take the field sobriety tests?

No, you do not have to participate in field sobriety testing if requested by an officer.

Do I have to take the breath test?

No, you can refuse to take a breath test. However, if you refuse your license may be temporarily suspended. However, if you do take a Breathalyzer test and you blow over the legal limit, your license will be suspended anyway. In Florida, if you refuse a breath test for the second time, you could create a separate charge for criminal refusal. However, the decision to take the breath test or not really depends on the individual circumstances of your case, and it is best to ask to confer with an attorney prior to making this decision if you are able to do so.

Do I need a DUI lawyer?

Yes. The penalties for a DUI conviction are more severe than many felonies. The DUI statute is long and complex — in fact, it's twice as long as Florida's homicide statute. A DUI conviction will stay on your permanent record for life. To protect your freedom and your future, contact our experienced DUI attorneys immediately if you or a loved one is facing these serious charges.

What are my rights?

In the event you or someone you know is arrested or under investigation for a crime, it is extremely important that your rights are not violated. The Fifth and Sixth Amendments of the U.S. Constitution provide that everyone has the right to remain silent and the right to the assistance of an attorney. We recommend that our clients immediately exercise those rights in order to protect against abuses.

Should I talk to the police?

Communicating with law enforcement at any stage of the proceedings without a knowledgeable, highly skilled attorney is not recommended. Our attorneys provide clients with contact information and take phone calls after hours and on weekends in case of emergency situations. If you are arrested, it is advisable to request to speak to a lawyer before making any statements. In the event communication with law enforcement is determined to be beneficial, it should take place in the presence of your lawyer to ensure that your statements are not misinterpreted or changed.

It is important that any statement made to law enforcement be complete, accurate and not taken out of context. There are countless situations where people are convicted due to statements made without the assistance of a skilled criminal defense lawyer. Law enforcement officers can make mistakes either intentionally or inadvertently when taking statements from the accused. Having a lawyer present helps prevent problems that may arise due to miscommunication or manipulation.

For more answers to Florida DUI FAQs, contact our Jacksonville DUI attorneys at Stone Lockett at 904-325-9962. We have two convenient office locations.