Many people arrested for DUI in Florida have no idea that their choices and demeanor constitute the first line of defense following a DUI arrest in Miami.  The majority of people stopped for DUI tend to react in a way that ultimately undermines certain aspects of one’s DUI defense in a Miami-Dade County courtroom.  While it is certainly understandable to react emotionally if you are arrested for DUI, displaying that emotion in the form of an angry tirade, incessant jabbering at the officer or whining and pleading is generally counter-productive.  Typically, there will be video footage of the stop and interaction with the police officer.

If anyone has ever seen video footage on television where officers are beating on a suspect, you know that those images invoke an intense response at a gut level.  Even when the footage has no sound and the surrounding circumstances are unclear, it is hard to disregard those negative images.  Now take this same concept and imagine video footage of you melting down and berating the police officer or rambling incoherently as you struggle not to slur your speech.  This kind of evidence is very persuasive both to prosecutors who will decide whether to reduce you charges to wet reckless so that you avoid a DUI conviction and to a jury if your case goes to trial.

The appropriate response during a DUI stop is to answer questions with short concise answers, such as “yes sir” and “no sir”.  If you are absolutely positive that you are able to speak without slurring your words, it may be appropriate to provide a slightly more expansive answer.  However, you must be absolutely sure that you can talk coherently and without slurring your words.  This is often difficult to judge as anyone knows who has been confronted the morning following a night of partying with a “I did what?” moment.  If you decide you can speak coherently and without slurring, you still must be very careful not to volunteer information like the following:

• I had a couple drinks.
• I only had one or two.
• I am coming from the bar.
• I promise I never usually drink and drive
• I am drunk.

While it may seem ridiculous to advise not making such obvious damaging statements, they are far more commonplace in police reports than you might imagine.  Polite and concise answers to non-incriminating questions have a couple of advantages.  First, the more articulate and coherent that you seem the less likely it is that an observer (including the police officer) would conclude you are impaired by alcohol.  While it is virtually impossible to talk your way out of a Florida DUI arrest, your are creating a video record that you were coherent, rational and polite.

The second reason is to create video footage that effectively is like a movie with you and the officer as actors.  The audience whether it is a prosecutor or jury will be looking to identify the “hero” and the “villain”.  If you are polite and respectful even in the face of abusive or nasty treatment by the officer, the reaction of a jury may be that the officer is the villain.  Remember the impact of video affects people at a visceral level so it is very important to look like the hero in that video.

Our Florida DUI attorneys frequently use video footage in negotiations with the prosecutor.  The prosecutor has invariably reviewed the footage.  If your blood alcohol level in a breath test is close to the legal limit, the prosecutor’s perception of you in the video will often dictate whether you have your charges reduced to wet reckless and avoid a DUI conviction.  A jury will also view you in a far more positive light and may be persuaded that you did not act intoxicated, which may reduce the impact of evidence from officer observations of your behavior.  Because field sobriety testing is notoriously unreliable and there are many ways that breath testing can be challenged, the jury may find evidence that you do not sound or act irrational or intoxicated persuasive.

Our experienced Florida DUI lawyers represent clients in Miami and throughout Florida.  Our DUI defense attorneys carefully investigate all aspects of our client’s arrest and DUI investigation so that we can develop the most effective DUI defense strategy.  We offer a free initial confidential consultation to allow us to assess your rights and options so call us today.