In the unfortunate event that you are stopped by law enforcement for a suspected DUI, it’s crucial to know how to handle the situation appropriately. Remember the following best practices:

Stay Calm and Respectful

Remain composed and cooperative during the interaction with law enforcement officers. Avoid arguing or exhibiting aggressive behavior, as it may escalate the situation.

Invoke Your Rights

You have the right to remain silent and the right to legal representation from a leading DUI defense law firm in Clearwater, like Russo, Pelletier & Sullivan. Politely exercise these rights by respectfully declining to answer any potentially self-incriminating questions until you have a lawyer present to advise you.

Refrain From Performing Field Sobriety Tests

Field sobriety tests are voluntary, and you have the right to refuse them. These tests can be subjective and potentially used against you in court. You should know that these tests are very hard to perform, even if you have not been drinking. When you add in the stress of a potential arrest, your chances of performing in a way that the officer finds satisfactory are low. If you refuse the tests, you will likely be arrested. However, you will also be depriving the State Attorney of this important, pivotal evidence.

Know Your Rights with Respect to the Breath Test

If you are arrested for a DUI, law enforcement is going to try and convince you to provide a breath sample. Law enforcement will go to great lengths to tell you the consequences of refusing a breath test. What they often will not tell you are the consequences of providing a breath test. Here are a few things you should keep in mind:

• If it is your first offense, you are eligible to apply for a hardship license whether you blow or refuse a breath test if you had a valid license at the time of the arrest;
• If you provide a breath sample and it is above .150, you may not be eligible for a diversion program that you would have qualified for if you had refused; and
• If you provide a breath sample and the result is above .150, the penalties are greater than if you had refused.

Pinellas County diversion programs, such as the D.R.O.P. program, are programs designed to “divert” minor offenders from the court system, and allow them to perform certain tasks (usually focused on rehabilitation) while the court proceedings are “stayed,” “continued,” or “put on hold.” In exchange, the State Attorney agrees to provide some form of relief to the accused. If accepted, a diversion program may help you entirely avoid a conviction for DUI and the charge is amended to “Reckless Driving.”

There are several requirements and pre-conditions that must be met by defendants in order to qualify for the D.R.O.P. program. Each case and application for the D.R.O.P. program is evaluated on an individual basis. There are a few conditions that may render you ineligible for the program: if your blood or breath alcohol levels were above 0.150, if your case involves bodily injury, significant property damage, or minor children, as well as other disqualifying events such as driving without a license.  If you have been charged with a DUI offense in Pinellas County, our top-rated DUI defense lawyers will evaluate your possible eligibility for participation in the DUI diversion program. We will guide you every step of the way and instruct you on which tasks to accomplish to give you the best chances of securing a reduction in charge from DUI to Reckless Driving.

It’s essential to consult one of our Clearwater DUI attorneys as soon as possible following a DUI charge to determine if you’re eligible for the D.R.O.P. program. If you do not qualify for D.R.O.P., we may still be able to reduce your DUI charge to reckless driving.