What To Do In A DUI Crash Situation
You are involved in a car crash and you are suspected of driving while under the influence of drugs or alcohol.
What do you do?
Two things will occur.
Law enforcement will first conduct a crash investigation. This is a safe harbor for you because everything you say to law enforcement during the crash investigation is privileged and cannot be used against you at a criminal trial pursuant to F.S. 316. 066(4).
After law enforcement concludes it’s crash investigation it will “switch hats” and then begin a criminal investigation. Before law enforcement begins it’s criminal investigation it will read you your Miranda Rights. This is your cue to shut up and invoke your constitutional right to remain silent and not answer any law enforcement questions without your attorney being present. You simply say to law enforcement, I want to speak to an attorney before I answer any questions. This will stop all questioning.
Now, you need to pay strict attention here as to what happens next because you do not want to give the State the evidence to convict you in a Courtroom of law.
Immediately after you invoke your Miranda Rights, law enforcement will ask you to perform Roadside Sobriety tasks. These tasks include the Walk and Turn task, One Leg Stand task and Finger To Nose task, among others. YOU NEED TO REFUSE TO DO THESE ROADSIDE SOBRIETY TASKS. You do not want to give to the State the evidence to convict you in a Courtroom of law. Refuse to perform these tasks. Law enforcement will respond to your refusal by reading you Taylor warnings to try to convince you to perform these tasks. Continue to refuse to perform these tasks. To repeat, do not give the State the evidence to convict you in a Courtroom of law.
You are going to be arrested no matter how you perform on these tasks. Your first cue of your imminent arrest is when law enforcement read you your Miranda warnings.
You will be placed in handcuffs and taken to a Breath, Alcohol, Testing facility where you will be asked to provide a sample of your breath. Refuse to give law enforcement a sample of your breath for the same reason you refused to perform Roadside Sobriety Tasks. You do not want to give the State the evidence to convict you in a Courtroom of law. Law enforcement will read you Implied Consent to try to persuade you to provide a breath sample. Continue to refuse to provide law enforcement with a breath sample.
Under Florida law, you will be held in custody for 8 hours and then released either on a small bond, or Supervised Own Recognizance or on your Own Recognizance.
If you should have any questions about the foregoing, feel free to contact my office at (561) 362-6677 or (954) 493-7474. Or, visit my website at www.charliemead.com and watch my videos.