What You Need to Know About DUI Traffic Stops in Florida and How Your Rights May Be at Stake

As a Florida DUI defense lawyer, I’ve handled numerous cases involving DUI investigations. When you're pulled over for suspicion of drunk driving, a lot of things happen very quickly. It’s important to understand how the police conduct their investigation and what your rights are during this process. Every step of the way, there are opportunities for mistakes or overreach by law enforcement that can affect the outcome of your case.

Let’s break down how police in Florida investigate DUI during a traffic stop, the legal implications of their actions, and how the law might protect you.

The Initial Stop: How a DUI Investigation Begins

In Florida, the law requires that officers have a reasonable suspicion of criminal activity or a traffic violation to pull you over. This could be something like speeding, swerving between lanes, or even a broken tail light. Florida § 316.193 sets the groundwork for DUI enforcement. The key point is that the officer must have a valid reason for stopping you in the first place. If they don’t, then the stop itself could be illegal, and any evidence obtained as a result, such as breathalyzer results or field sobriety test outcomes, could be suppressed in court.

Many DUI stops occur late at night when people are driving home from bars or social gatherings. Officers are trained to spot signs of impairment, which might include erratic driving, delayed reactions to traffic signals, or failing to maintain proper lane position.

Observations During the Stop

Once the officer pulls you over, the next step is for them to observe your behavior. They are looking for signs of impairment, such as:

  • Bloodshot eyes
  • Slurred speech
  • An odor of alcohol
  • Difficulty retrieving your license and registration

At this point, you are not required to answer questions about where you’ve been, how much you’ve had to drink, or whether you’ve been drinking at all. Anything you say can and will be used against you. Simply inform the officer that you would like to speak to an attorney before answering any questions. Your right to remain silent is protected under the Fifth Amendment.

Field Sobriety Tests (FSTs)

If the officer suspects you are under the influence, they may ask you to perform field sobriety tests. These are physical tasks designed to assess your coordination and focus. Common field sobriety tests include:

  • The Walk and Turn
  • The One-Leg Stand
  • The Horizontal Gaze Nystagmus (HGN) test, where the officer tracks the movement of your eyes

Under Florida law, you are not legally required to perform these tests. In many cases, I advise clients to politely decline. The results of field sobriety tests are highly subjective. Officers may interpret even the smallest misstep as evidence of impairment, even though there are many factors that can affect your performance—such as anxiety, medical conditions, or uneven ground.

Moreover, these tests are not infallible. They rely heavily on the officer’s interpretation, and those interpretations can be challenged in court, particularly if the officer didn’t properly administer the tests or if environmental conditions were not ideal.

The Breathalyzer and Chemical Tests

Florida is an "implied consent" state, meaning that by obtaining a driver’s license, you have already agreed to submit to chemical testing if lawfully arrested for a DUI. Refusing a breath, blood, or urine test after arrest can result in an automatic license suspension under Florida § 322.2615.

However, the police can only request these tests if they have probable cause to believe you are driving under the influence. Probable cause is a higher standard than reasonable suspicion. It requires specific, articulable facts that lead an officer to believe you are impaired.

The breathalyzer test is the most common form of chemical testing in DUI investigations. To be admissible in court, the breathalyzer must be properly calibrated, and the officer administering the test must follow strict procedures. If any of these procedures are violated, the breathalyzer results can be challenged and potentially thrown out.

What Happens If You Refuse the Breathalyzer?

If you refuse a breathalyzer test, you may face harsher penalties. Under Florida § 316.1939, refusal to submit to a breath, urine, or blood test can be charged as a misdemeanor if you've refused before. Even a first-time refusal results in an automatic suspension of your driver's license for one year.

That being said, refusing the test may limit the evidence available to the prosecution. While they can still proceed with a case based on the officer’s observations and any field sobriety tests you may have taken, the lack of chemical evidence could make it more difficult for them to prove their case beyond a reasonable doubt.

Arrest and Booking

If the officer believes they have enough evidence to arrest you for DUI, you will be taken into custody and booked. During the booking process, law enforcement will take your fingerprints and photographs and will likely ask you further questions. Again, you have the right to remain silent and ask for an attorney.

After booking, you may be held in jail until you are sober or until you post bond. The amount of bond depends on the circumstances of your arrest and whether you have prior DUI convictions.

Legal Ramifications of a DUI Conviction

A DUI conviction in Florida can carry severe consequences. Under Florida § 316.193, penalties for a first-time DUI include:

  • Fines ranging from $500 to $1,000
  • Up to six months in jail
  • A driver’s license suspension of six months to a year
  • Mandatory DUI school and substance abuse evaluation
  • Installation of an ignition interlock device

The penalties increase significantly for repeat offenders or if your blood alcohol content (BAC) was over .15. Additionally, if you caused an accident resulting in property damage, injury, or death, you could face felony charges, which carry much stiffer penalties, including lengthy prison sentences.

The Importance of Legal Representation

From the moment you're pulled over, your rights are at stake. How you handle the police interaction, the decisions you make regarding field sobriety tests and breathalyzer tests, and whether or not you answer questions can all affect the outcome of your case.

As your defense attorney, my job is to scrutinize every aspect of the police investigation. This includes questioning whether the initial stop was lawful, whether the officer had probable cause to make the arrest, whether the field sobriety tests were administered correctly, and whether the breathalyzer was properly calibrated. I will look for any mistakes or procedural errors that could weaken the state’s case against you.

If you’ve been arrested for DUI in Florida, it’s important to act quickly. You only have 10 days from the date of your arrest to challenge the administrative suspension of your license. Failing to do so could result in losing your driving privileges for months or even years.

Florida DUI Investigation FAQs

What should I do if I’m pulled over for DUI in Florida?
Stay calm and be polite to the officer. Provide your license, registration, and proof of insurance, but avoid answering questions about where you’ve been or how much you’ve had to drink. You have the right to remain silent and to ask for an attorney. You do not have to submit to field sobriety tests, but be aware that refusing a breathalyzer test after an arrest can lead to an automatic license suspension.

Can I refuse a field sobriety test in Florida?
Yes, in Florida, you are not legally required to take field sobriety tests. These tests are highly subjective, and even small mistakes can be interpreted as signs of impairment. Politely declining these tests can limit the evidence against you.

What happens if I refuse a breathalyzer test?
If you refuse a breathalyzer test after being arrested for DUI, your license will be suspended for one year for a first-time refusal. For a second refusal, you could face a misdemeanor charge. However, refusing the test could also limit the evidence available to the prosecution, which may work in your favor.

How can a DUI charge be challenged in court?
There are several ways to challenge a DUI charge. Your attorney may argue that the traffic stop was unlawful, that the officer did not have probable cause to make the arrest, or that the field sobriety tests were improperly administered. Breathalyzer results can also be challenged if the machine was not properly calibrated or the testing procedure was flawed.

What are the penalties for a first-time DUI in Florida?
For a first-time DUI, you could face fines, jail time, license suspension, DUI school, and the installation of an ignition interlock device. The exact penalties depend on your blood alcohol content (BAC), whether there was an accident, and whether you have prior DUI convictions.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.