Flashing lights in the rearview mirror at night. Your stomach drops. You had a glass of wine at dinner three hours ago. Now you have to make decisions in the next 20 minutes that could affect your driving record, your job, and your freedom.
Florida DUI law is unforgiving. Penalties are severe and the rules are technical. The choices you make at the roadside often shape the case long before anything happens in court. Here is what you need to know.
The traffic stop itself
When you see lights behind you, pull over to the right as soon as it is safe. Use your turn signal. Stop completely. Turn off the engine. Roll down your window. Place your hands on the steering wheel where the officer can see them.
Be polite. Officers have wide discretion, and rudeness rarely helps. Polite does not mean confessing. There is a meaningful difference between being respectful and helping the officer build a case against you.
What officers look for
From the moment they approach your window, officers are evaluating you for signs of impairment:
- Slurred speech
- Bloodshot or watery eyes
- Smell of alcohol on breath
- Fumbling for license and registration
- Difficulty answering basic questions
- Open containers visible in the vehicle
They are also recording. Body cameras capture everything you say and do.
The questions you do not have to answer
Florida law requires you to provide your driver’s license, registration, and proof of insurance. Beyond that, you have the right to remain silent.
Common questions officers ask, and how to handle them:
- “Have you been drinking tonight?” You do not have to answer. The honest answer is rarely helpful. Saying “I’d rather not answer that” is not an admission of guilt; it is exercising your rights.
- “Where are you coming from?” You can decline to answer. If you say “a bar” or “a restaurant,” that becomes evidence.
- “How much have you had to drink?” Any answer hurts you. Even “just one” or “two beers” gives the officer a basis to keep investigating.
The polite version of declining: “Officer, I’d rather not answer questions without speaking to my attorney first.”
Field sobriety tests
If the officer suspects impairment, they will ask you to step out and perform field sobriety tests. The standard ones are:
- The horizontal gaze nystagmus test (following a pen with your eyes)
- The walk-and-turn test (heel-to-toe walking)
- The one-leg stand test
Most people do not know this: in Florida, you can decline field sobriety tests. They are voluntary. They are also designed to be failed. People with bad knees, inner ear problems, anxiety, or who are simply nervous fail these tests sober.
If you choose to decline, do so politely: “I respectfully decline to perform field sobriety tests.”
Declining will probably not prevent your arrest if the officer has other reasons to suspect impairment. It does remove a significant piece of evidence the prosecution would otherwise use against you at trial.
The breathalyzer decision
This is the most consequential decision you will face. Florida is an “implied consent” state, which means by accepting your driver’s license, you have legally agreed to submit to chemical testing if lawfully arrested for DUI.
Refusing the breathalyzer triggers automatic consequences:
- First refusal: 1-year driver’s license suspension
- Second refusal: 18-month suspension and a separate misdemeanor charge
Submitting to the breathalyzer also has consequences if you fail:
- A reading of 0.08 or higher results in DUI charges
- A reading above 0.15 triggers enhanced penalties
- The reading becomes powerful evidence at trial
No universally right answer exists to “should I take the breathalyzer.” It depends on how much you have had, your prior record, and your circumstances. The best practice is to know in advance what you would do and to call an attorney as soon as possible.
If you are arrested
If the officer decides to arrest you, do not resist. Do not argue. Do not try to explain. The argument is for court, not the side of the road.
You will be transported to a booking facility. In Miami-Dade County, this is usually the Turner Guilford Knight Correctional Center or the Pretrial Detention Center. You will be processed, photographed, and held until first appearance, typically within 24 hours.
During this time:
- Invoke your right to remain silent
- Ask to speak with an attorney
- Do not discuss the case with cellmates or anyone other than your attorney
- Do not consent to additional searches or questioning
The 10-day deadline most people miss
Florida gives you only 10 days from the arrest date to request a formal review of your driver’s license suspension. Miss this deadline and your license is suspended for the full statutory period with no possibility of a hardship license during the suspension.
This is one of the most common mistakes people make after a DUI arrest. By the time many people realize the deadline existed, it has passed. An attorney can file the request on your behalf, but only if you contact them within those 10 days.
What an attorney can do
A DUI defense attorney can:
- Challenge the legality of the traffic stop
- Challenge the field sobriety test administration
- Challenge the calibration and maintenance of the breathalyzer
- Negotiate reduced charges with prosecutors
- Request the formal review hearing for license suspension
- Pursue alternatives to conviction in qualifying cases
Many DUI cases have technical weaknesses that are not obvious to people without DUI defense experience. The earlier an attorney is involved, the more options exist.
If you need help
The Law Offices of Andre A. Rouviere has represented clients facing DUI charges in Miami-Dade County for years. Andre A. Rouviere has practiced as a Florida trial attorney since 1989. The office is open Monday through Friday from 9:00 AM to 5:00 PM, with a 24-hour answering service available for urgent matters.
If you or a family member has been arrested for DUI, contact the office at (305) 774-7000 or visit our contact page. The 10-day license review deadline starts the day of arrest, so calling early matters.
Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.
This article is provided for general informational purposes and does not constitute legal advice. Each case has its own facts, and reading this article does not create an attorney-client relationship. For advice on a specific situation, please consult with an attorney directly.