Getting pulled over by law enforcement is a stressful experience. But if the officer suspects you have been drinking or are under the influence, that can escalate the situation.
A DUI charge in Florida can affect your license, job, finances, and even your freedom. The decisions you make in those first few moments after being stopped can have a lasting impact on your case.
Here are a few tips on handling a traffic stop in Florida.
Pull Over Right Away
How you respond to the flashing lights behind your vehicle will make a difference in this situation.
You’ll want to use your turn signal and pull over as soon as it is safe. Make sure to avoid erratic movements, stopping abruptly, or continuing to drive for an extended period. All this can raise suspicion and may be noted in the police report as a sign of impairment.
Once you are stopped, stay calm. You want to take a few deep breaths and keep your hands on the steering wheel where the officer can see them.
Stay Inside and Be Respectful
When the officer approaches, stay in your vehicle unless they tell you otherwise. Roll down your window and speak politely. You want to avoid making any sudden movements. Let the officer know if you need to reach for your license, registration, or insurance.
Remember that respect goes a long way. Arguing, appearing evasive, or becoming aggressive can escalate the situation. And all that may be used against you later.
Be Careful of What You Say
You have the right to remain silent. In a possible DUI situation, that might be a wise decision. While you are required to provide your identification and documents, you do not have to answer questions like:
“Have you been drinking?”
“How much did you have tonight?”
Anything you say can and will be used against you. If you are unsure how to respond, you may want to say, “I prefer not to answer any questions without an attorney.” What may seem like a harmless statement at the moment can be damaging in court.
Field Sobriety Tests
If the officer suspects you are impaired, they may ask you to step out of the car and perform field sobriety tests. This can include walking a straight line or following a pen with your eyes. Many people do not realize you’re not legally required to take these tests in Florida.
Remember that they are subjective, recorded on video, and commonly used to build probable cause for an arrest. You have the right to decline politely. But chemical tests are another story.
Breath, Blood, or Urine Tests
Florida is an implied consent state. If you have a Florida driver’s license, you have agreed to submit to a lawful chemical test if you are arrested for DUI.
Refusing these tests comes with automatic penalties, including:
- One-year driver’s license suspension on the first offense
- 18-month suspension for second or subsequent refusals
- The refusal itself can be used as evidence in your DUI case
If you are asked to take a breathalyzer before being arrested, you are not legally obligated to comply. But once you are placed under arrest, refusal has consequences.
If You’re Arrested, Stay Silent and Ask for an Attorney
If the officer decides there is probable cause for DUI, they will arrest you. You will want to comply without arguing, resisting, or trying to explain your side of the story. At this stage, anything you say can make things harder for your defense later.
Don’t answer questions, don’t try to “clear things up,” and don’t assume you can talk your way out. Let your lawyer do the talking for you.
Protect Your Rights Immediately
Once you are released, take action quickly. Document everything you remember, such as:
- Where you were pulled over
- What the officer said
- Whether you were read your rights
- Anything unusual about the arrest or tests
These details can be vital for your defense.
Also, challenging Florida’s DUI laws come with strict deadlines, especially regarding your license suspension. You may have only 10 days to request a formal review hearing to fight the administrative suspension.
Getting pulled over for a suspected DUI in Florida is a high-stakes situation. You could still be charged with an offense even if you follow these tips. At Titan Law, we will look at every aspect of your case, including the validity of the stop. Find out how we can assist in these situations.
