Fort Myers DUI Lawyer

Know Your Rights if Arrested for DUI

We've all heard the common phrase before: "you have the right to remain silent," along with the rest of your rights. However, if you've been arrested for DUI, your rights extend even further. Being aware of what you're really entitled to can make a significant difference in your DUI case in Fort Myers, FL.

Your Miranda rights, including the freedom to stay silent during questioning, are actually quite important to your case. Statements, which you might assume are entirely innocent and far from incriminating, can be taken the opposite way by law enforcement. 

Exercising your right to remain silent could be the difference between walking away innocent or spending a year in jail.

To preserve your rights and protect your best interests, our defense lawyers strongly recommend waiting until you have an attorney present to make any kind of statement. If an officer is questioning you, politely decline to answer. When your future hangs in the balance, it's worth it to be safe rather than sorry.

Should I Refuse to Take an Officer's Sobriety Tests?

This depends on the type of test you're asked to take and the circumstances surrounding your arrest. If requested to perform a field sobriety test, always decline. These tests are easy to fail even when sober, and the “results” can be easily influenced by factors other than a person’s intoxication level. 

To void having faulty results used as implicating evidence against you, it may be wise to refuse submitting to the test altogether.

The chemical tests, however, are a different story. Florida has an implied consent law, meaning anytime you get behind the wheel, you've already agreed to submit to a blood, breath, or urine test if pulled over. Refusing to do so can result in revoked driving privileges and other consequences.

That said, there may be times when it is in your best interest to refuse. If you know you are well over the legal limit and a chemical test will seal your fate, it may be wiser to refuse and accept the consequences. It is harder to disprove physical evidence from a test in court than it is to disprove a police officer's testimony. 

Protecting Your Rights in Fort Myers: How our DUI Lawyer Can Help

Knowing your rights and being prepared in advance for a DUI stop is well worth it. The last thing you want to do is incriminate yourself and wind up sacrificing the next 5 to 10 years of your life.

Defenses to DUI Charges 

When facing DUI charges in Florida, several potential defenses can be explored with the help of a skilled DUI lawyer in Fort Myers. Some common defenses to DUI charges may include:

• Challenging the Traffic Stop: If the initial traffic stop was not conducted lawfully or lacked probable cause, it may be possible to challenge the validity of the stop, which could lead to the suppression of evidence obtained thereafter.
• Questioning Field Sobriety Tests: Field sobriety tests are subjective and can be affected by various factors. Challenging the accuracy and reliability of these tests can cast doubt on the prosecution's case.
• Challenging Breathalyzer Results: Breathalyzer devices used to measure BAC levels can be prone to inaccuracies if not calibrated or administered correctly. Questioning the reliability of the breathalyzer results may help in mounting a defense.
• Medical Conditions or Medications: Certain medical conditions or medications can mimic the symptoms of impairment, leading to false DUI charges. Providing evidence of such conditions or medications can be used as a defense.
• Rising Blood Alcohol Defense: The "rising blood alcohol" defense argues that at the time of driving, the defendant's BAC was below the legal limit, but it increased to an illegal level by the time the chemical test was conducted.
• Lack of Probable Cause for Arrest: If there was no probable cause for the arrest, it may be possible to challenge the legality of the arrest and subsequent evidence obtained.
• Violation of Miranda Rights: If law enforcement fails to properly inform individuals of their Miranda rights during the arrest and questioning process, any statements made may be inadmissible in court.

Every DUI case is unique, and the defenses available will depend on the specific circumstances.

Contact Our Fort Myers DUI Attorney Today 

At Calvo & Calvo, Attorneys at Law in Fort Myers, Florida, our DUI lawyer is here to assist you throughout the legal process. With a deep understanding of DUI cases' complexities and potential consequences, we are committed to safeguarding your legal rights. 

Our personalized approach and unwavering dedication to achieving the best possible outcomes set us apart. Trust in our defense experience and relentless advocacy to navigate the challenges of your DUI case.