South Florida FBI Agent Arrested for D.U.I.

Miami-Dade, Broward, and Monroe Counties are inundated with “important” people who get arrested, particularly of DUI. The jails here have hosted a “who’s who” of celebrities, from Al Capone to Donté Stalworth. Recently, an FBI agent was arrested for drunk driving near Oakland Park, Florida. His behavior during the arrest was a perfect example of how not to act when you are suspected of driving under the influence.

FBI Special Agent Jorge Miyar was pulled over at a DUI checkpoint on Oakland Park Boulevard near Northeast 17th avenue. The officer’s first clue that Agent Miyar was intoxicated was when he ran over the curb. I will stand by my advice as a lawyer to all of you that running over a curb at a DUI check point is definitely not a good idea. It’s not quite as bad a peeing on an officer’s shoes, but it’s definitely going to get you unwanted attention.

During the course of the interview, Special Agent Miyar told the investigating trooper, “I know I’m F—–, I’ve been drinking and I’m in an FBI car.” He then went on to admit that he had been at a party where he had had about five beers. He took and flunked the field sobriety tests. However, he then refused to take the breathalyzer.

If there was ever any doubt that alcohol impairs your judgment, we can all look to Special Agent Miyar as an object lesson in the degenerative effects that booze has on the decision-making process. Needless to say, any lawyer worth his salt will tell you that you have the right to remain silent. That is not to say you should never speak to an officer, but confessing to the crime that the officer is investigating is certainly going to decrease you chances of getting a good plea bargain.

Just as you have the right to remain silent, you have the right to politely decline to perform the field sobriety exercises. There is no law that says you have to do the walk and turn or the Horizontal Gaze Nystagmus (HGN) test. The only thing this trained law enforcement officer refused was the breath test, but by that time, it was too late.

DUI cases are built on four things: driving pattern, statements, roadside tests, and the breath test. If you want to avoid a DUI: Don’t swerve on the road or break any traffic laws. When you are pulled over, respectfully decline to answer any questions. When offered field sobriety exercises, respectfully decline to do so. Refusing to perform a breath test is also a crime, although it is infrequently charged. If you perform a breath test, you have the right to an independent test at your own expense. You should definitely avail yourself to that right. I’ll explain why in my next article.