Florida DUI Daytona Beach DUI Lawyer Phase 3 DUI Arrest

As a Daytona Beach DUI lawyer and former Daytona Beach Assistant State Attorney Kevin Pitts has handled hundreds of Volusia County DUI cases. A DUI case has four major phases and many smaller issues that can occur during the phases. The arrest for DUI is the third phase of a DUI case. If the officer does not have sufficient evidence to arrest you the breath test or refusal is going to be admitted into evidence. The case will be thrown out because the officer did not have enough evidence to arrest you and cannot accumulate additional evidence after the fact or after the unlawful arrest. If the officer does not have probable cause the state could not prove the case beyond a reasonable doubt. The DUI arrest is based on the optional field sobriety exercises and other observations by the officer during initial contact. Your driving pattern will also be considered in the decision to arrest. If the cop thinks they have enough you cannot do much at this point. Arrest is much different than conviction. An arrest will likely cause a few hours of discomfort and a conviction will be a thorn in the side for months. All police policies and procedures that I'm aware of require arrest if the officer has probable cause that you are impaired while driving. Do not beg for forgiveness and promise that you will never drink and drive again. What you say is documented and might be recorded by hidden cameras in the police car. They do not have to tell  you they are recording because you legally do not have a reasonable expectation of privacy on the side of the road or in the back of a police car. They do not have to read you Miranda rights and the statements in the back of the police car are usually considered spontaneous and are admissible in court. Miranda rights are only necessary for interrogation during custodial arrest. Basic booking information is not interrogation and roadside questioning is not custodial. Most experienced police officers will not interrogate you in the back of the car without mirandizing you. They are more than happy to let you talk, apologize and beg for forgiveness. The thought is only guilty people apologize and ask for forgiveness. The statements come in as an admission by a party opponent hearsay exception even if you do not take the stand. Be polite but firm with the officer. You do not want to look rude because the recording will likely be played for the jury. I you look like a jerk the jury will not feel bad about convicting you. If you are polite it might be a little bit harder for the jury to hang you. The only thing you are required to do pre-arrest is provide your license, insurance and registration. The police officer is not your friend. If he/she is asking you questions they are not there to help you. If they believe you are impaired they will not cut you a break. Use your manners but do not volunteer any information that is not required. The arrest is only the beginning of the actual case. You will have an opportunity to defend yourself with pre-trial motions and in front of a jury. The back seat of a police car is not the place to try your  case. Your audience’s job is to arrests people and they will usually error on the side of arrest. The fourth and final DUI DUI phase will be published when complete. Information provided by Daytona Beach DUI attorney Kevin J. Pitts.