Questions About the DUI Process

​

The police just arrested my friend for DUI. How do I get him / her out of jail?

​

Call a Miami bondsman. The amount of the bond will depend on the severity of the alleged crime. For lesser crimes or for individuals with no prior record, the court may not require a bond and may release the individual on pre-trial services. Otherwise, you will need someone to post 10% of the total bondable amount set by the court. For a standard DUI, the bond amount is $1500.

​

What signs of drunk driving do police officers look for?

 

According to research by the National Highway Traffic Safety Administration (NHTSA), the following driving behaviors are common indications that the driver is intoxicated:

​

• Turning with a wide radius

• Straddling center of lane marker

• "Appearing to be drunk"

• Almost striking object or vehicle

• Weaving

• Driving on other than designated highway

• Swerving

• Speed more than 10 mph below limit

• Stopping without cause in traffic lane

• Following too closely

• Drifting

• Tires on center or lane marker

• Braking erratically

• Driving into opposing or crossing traffic

• Signaling inconsistent with driving actions

• Slow response to traffic signals

• Stopping inappropriately (other than in lane)

• Turning abruptly or illegally

• Accelerating or decelerating rapidly

• Headlights off

However, speeding is not considered a sign of driving while intoxicated. Drunk drivers do not have the quick reflexes necessary to speed without crashing.

​

What should I tell a police officer if he stops me and asks if I've been drinking?

​

You are not legally obligated to answer a question that could be incriminating against you. You may politely respond that you would like to speak with an attorney before answering any questions. However, it is not incriminating to say you had one or two beers; that would not be enough to get you drunk. In fact, if the officer smells alcohol on your breath, this explanation might prove satisfactory

​

What signs of intoxication does an officer look for after he pulls someone over?

 

 

The traditional symptoms of intoxication taught at the police academies are:

• Flushed face

• Red, watery, glassy and / or bloodshot eyes

• Odor of alcohol on breath

• Slurred speech

• Fumbling with wallet trying to get license

• Failure to comprehend the officer's questions

• Staggering when exiting vehicle

• Swaying / instability on feet

• Leaning on car for support

• Combative, argumentative, jovial or other "inappropriate" attitude

• Soiled, rumpled, disorderly clothing

• Stumbling while walking

• Disorientation as to time and place

• Inability to follow directions

• ​

What should I do if I am asked to take field sobriety tests?

 

There are a wide range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Romberg's Test), fingers-to-thumb, hand pat, and other tests. Most officers will conduct three to five of these tests.

Although you are legally obligated to submit to a chemical test, you are not legally required to submit to a field sobriety test. In fact, submitting to a FST might add to the evidence the officer will use against you.

​

Recently, many states have begun following the federally-approved (National Highway Traffic Safety Administration) "standardized" field sobriety tests (SFSTs). These consist of a battery of three tests:

​

• Heel-to-toe (also referred to as "walk and turn")

• One-leg stand

• Horizontal gaze nystagmus

All other field sobriety tests are disapproved. Also, unlike non-standardized tests in which the officer subjectively decides whether the suspect passes or fails, the SFSTs are scored objectively - that is, a numerical score is assigned according to specific errors or "clues."

​

What about the breathalyzer? Should I blow into that machine?

 

When you receive your driver's license, you agree to submit to a breathalyzer test should an officer believe that you are driving while impaired. Refusing the breathalyzer will subject you to an automatic suspension of your license for one year from the date of the refusal. However, within 10 days of your refusal, you can petition for a review with the DMV so that you can attempt to invalidate the suspension of your license. Should your attorney be successful at the review, you will get your license back.

​

Call a Bail Bondsman in Miami  for your DUI Jail Release.