Arrested for DUI: tips from a lawyer

By Susan Thurston, tbt* Staff Writer
Published December 7, 2007

Do you have to recite the alphabet backward during a field sobriety test? Is the phone book the best place to find a DUI attorney?

No and no, says Eddie Suarez, a criminal defense lawyer in South Tampa who handles a lot of DUIs.

Tbt* spoke with Suarez, 47, about the logistics and dangers of DUIs. Reciting the alphabet is pure urban legend, he said. Hiring a lawyer blindly from an ad, well, that's just risky. Here's what else he had to say about simple DUIs, ones that don't cause an accident or injury.

Do you advise your clients to blow?

Without more specifics, that's a hard question to answer. ... If you think you're going to be above the .08, then it's better not to submit to the Breathalyzer because you're giving them a potentially strong piece of evidence. (Editor's note: Not blowing increases the hard suspension period - no hardship or work license - from 30 to 90 days.)

Where are the hot spots for DUIs?

I tend to see a lot of DUIs come out of International Mall and Channelside. All of South Tampa, frankly, seems to be well-patrolled.

It is true that people get one phone call when they get to jail? Who should they call?

Yes. I would call someone who can make sure I can get bailed out - a wife, roommate.

Should that person rush to the jail?

I would start out by just calling central booking and ask them what I need to do.

What about calling your attorney?

You're not entitled to have a lawyer present to take your Breathalyzer test, so by the time you get to make that phone call, it's really too late. There's not a whole lot I can do other than try to get you to a bondsman.

Do you need a DUI attorney or will any attorney do?

I don't know if you need a DUI attorney per se. There are a lot of very good criminal defense lawyers who handle DUIs.

If you don't have a lawyer, how do you find one once you've been arrested?

The best way is to ask other lawyers or professionals. If you don't know a lawyer, ask your accountant, ask your banker. I would stay away from the phone book or direct mail, because anyone can put out a good ad. But that doesn't necessarily make them a good lawyer.

Can you reach lawyers at 3 a.m.?

Sometimes you can. A lot of criminal defense lawyers have a 24-hour answering service or an emergency paging system. My office does.

What point do you need an attorney?

You need to contact a lawyer as quickly as possible after you get out of jail. You have 10 days in which to set a court date and more importantly you have 10 days in which to challenge the administrative suspension of your license.

What's the most common excuse you hear?

Generally, people just go out partying with friends. Most of them lose track of how much they had to drink.

Any bizarre stories or circumstances?

There is a certain percentage of the time when you get a client who gets a DUI after a family tragedy or a friend dies. I had a young man who was in the military and had just been discharged and he came home and found out that three of his unit buddies had been killed in Iraq. So he got drunk that night and got a DUI. It was very, very sad.

That is sad. Any lighthearted stories?

All DUIs stops are supposed to be videotaped. You get some crazy stuff from time to time. You get people who say things like, "I couldn't do that sober." That's never a good thing to say. Sometimes the officers will ask them, "Do you feel like you're under the influence now?" The ones that say, "Yeah" - why would you answer that question?

Has seeing all the hardship caused by DUIs turned you off to drinking?

Absolutely. I don't drink and drive. Luckily for me, my wife, when we go out to dinner, I'll drive there and she usually drives back, because I'll drink a little more than she does. It's an absolute rule.

[Last modified December 6, 2007, 08:59:26]