Florida DUI Arrest: Nothing Like the Cop Shows

We all have seen the shows and the movies: the cop pulls up behind a car, follows for a few moments and then hits the lights, pulling the driver over. After a brief conversation filled with comically (comical because it is not real, of course) slurred words and eyes at half mast, the cop asks the person if they would agree to submit to field sobriety tests. “Shore Ocifer,” the guy says with a befuddled smile, pouring himself out of the car. After spinning him back to facing the front, the cop continues with the tests and of course, the poor guy fails miserably. He is then read his rights, and gets a new Florida DUI arrest on his record. The guy is then taken to a cell where his wife, girlfriend or, in a really comic twist, both show up a few hours later to bail him out.

In reality a Florida DUI arrest may be very different from what is shown on the cop shows and in movies. First, the cop may not actually get around to reading you your rights- it is not their first intention after all. In fact, the cop may hold off reading you your rights afforded by the law for as long as possible. Simply being brought to the jail or the police station in handcuffs does not constitute being “under arrest”. Instead, the cops could be placing you in administrative custody or could simply be detaining you. (It is not the same thing as being under arrest in theory, but you are certainly not free to amble off to Starbucks for a latte, either.)

A Florida DUI arrest is nothing like the cop shows. There are no clever lines written for the biggest laughs. There is not a stereotyped cop or a laugh track. Reality is real and it can be brutal, especially if you do not know or understand the laws as they are written. The law is not on your side in most cases. Ignorance of the law is never a valid defense. What is on your side and what can be a good defense is a good DUI attorney who has experience handling this type of case and can help you find the best resolution possible.