Frequently Asked Questions
At Parks & Braxton, PA we have spent more than 48 years in the field
of criminal defense, aggressively representing defendants who've been
arrested and charged with a DUI. Now, our clients can benefit from a legal
team with nearly four decades of professional experience and a wealth
of knowledge in all matters related to DUI offenses in the state of Florida.
The hard-hitting facts and honest answers you need as you attempt to understand
your DUI arrest and the charges that you face can be found from the committed
team of Miami DUI lawyers at our firm. Twenty-four hours a day, seven
days a week, we make ourselves available to take your phone call, thus
enabling our team to answer your questions as quickly and efficiently
To further help DUI defendants with questions, we have also provided a
subset of answers to the questions that we receive most frequently from
current and potential clients of the firm. We encourage you to read through
the FAQs listed below to gain a better understanding of the DUI process
in Florida. In doing so, you could find answers to some of your questions
before you ever speak to a member of our legal team.
Even though I was drinking earlier in the night, I don't think I was
drunk when I was pulled over and arrested. Is there any point to fighting
my charges or is it a lost cause?
We would argue that there is still good reason to fight your charges.
It is against the law to drive drunk; however, it is not against the law
to drink and then drive after you've sobered up. Plenty of evidence
has been found that suggests that the standard methods used to determine
intoxication (i.e. field sobriety tests, breathalyzer tests, etc.) are
prone to yielding inaccurate results.
Whether or not you were drinking earlier on in the day should not determine
whether or not you choose to fight your case. If the DUI investigation
was not conducted properly or a sobriety test was not administered correctly,
you might have been wrongly charged. Don't back down prematurely.
We are here to help you fight.
How long will it take to complete the legal processes involved in my DUI case?
At Parks & Braxton, PA we are committed to doing everything in our
power to expedite the DUI process as much as possible. That being said,
there are certain legal formalities that cannot be avoided. While every
case is different, DUI defendants can generally plan on the process taking
at least a few months before being fully resolved. Depending on the complexity
of your DUI, however, it could take longer. We will be able to provide
you with a more definitive answer after meeting with you to review the
specific circumstances of your particular case.
Is it true that I can refuse a breath or blood test?
are allowed to refuse an officer's command to take a chemical test such
as a breath or blood test; however, there can be repercussions for doing
so. Drivers who refuse to take a chemical test at an officer's command
could have their driver's license suspended for up to a year. In some
cases, if the refusal is documented in a written complaint against the
individual, there could be a mandatory jail sentence as well.
What is a law enforcement officer looking for when they make an arrest for DUI?
Law enforcement officers are specially trained to look for a very specific
set of physical and mental signs that have been identified as symptomatic
of a driver who has been drinking. If you were arrested for a DUI in the
state of Florida, the law enforcement officer must have had reasonable
cause to do so.
Among the behavioral symptoms that are looked for in order to make an arrest
are: alcohol on the breath, flushed / red face, slurred speech, bloodshot
eyes, poor balance, aggressive attitude, lack of comprehension, confusion
/ disorientation, struggle to retrieve your license, and an inability
to follow directions.
These are only some of the many conditions that officers look for when
making an arrest for DUI, so make sure that you speak with an attorney
before challenging an arrest or the allegations that have been made against you.
Will it hurt my case that I refused to answer when the law enforcement
officer asked me if I had been drinking?
The short answer to this question is "no." By law, a driver
cannot be forced to answer any question that could later be used to incriminate
him or her. Along the same lines, anyone who is pulled over and questioned
about their sobriety has the right to ask to speak with an attorney before
answering any questions.
Do I have to go to court?
Whether or not you will have to go to court will depend on the specifics
of your particular situation. Although we cannot answer this question
until knowing the full details regarding your case, we can say that we
are committed to doing everything possible to helping you stay out of
court at all costs. In some cases, we might be able to appear in court
on your behalf and resolve the issue without your actual presence. We
will be in a better position to make this determination after meeting
to review your case.
If the officer who made the arrest didn't read me the Miranda warning
does my case have grounds for dismissal?
Unfortunately, no, a case cannot be dismissed for this reason. A law enforcement
officer's obligation to advise you of your Fifth Amendment rights
does not have to be fulfilled until after an arrest has been made.
As experienced DUI defenders with decades of practice, at Parks &
Braxton, PA we know that the answers provided above might not fully satisfy
all of your questions. Therefore, we encourage you to contact our office
today to schedule a free consultation with an associate at the firm. When
we meet with you in person, we can provide answers to any questions that
remain unanswered, all while advising you on what to expect as you proceed
through the legal process of a DUI in the state Florida. For more answers
to your questions, don't wait to
contact us today.