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 a series of decisions in the next 20 minutes that could affect your driving record, your job, and your freedom.
Florida DUI law is unforgiving. The penalties are severe, the rules are technical, and the choices you make at the roadside commonly carry more weight than the choices made in court later. What you need to know follows.
Frequently Asked Questions
What happens during a DUI traffic stop?
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. But you can be polite without confessing. There is a meaningful difference between being respectful and helping the officer build a case against you.
What do officers look for during a DUI stop?
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.
Do I have to answer an officer’s questions during a DUI stop?
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.”
Do I have to take a field sobriety test?
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
What most people do not know is 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 merely 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. But it removes a notable piece of evidence the prosecution would otherwise use against you at trial.
Should I take the breathalyzer test?
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 and a second-degree misdemeanor charge, under Trenton’s Law effective October 1, 2025
- Second refusal: 18-month suspension and a first-degree 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
There is no universally right answer to “should I take the breathalyzer.” It depends on how much you have had, your prior record, and your circumstances. A sound practice is to know in advance what you would do and to call an attorney as soon as possible.
What happens if I am arrested for DUI?
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 generally the Turner Guilford Knight Correctional Center or the Pretrial Detention Center. You will be processed, photographed, and held until first appearance, generally within 24 hours. See our full Bail and Bond Guide for how that process works.
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
What is the 10-day deadline after a DUI arrest?
Florida gives you just 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 solely if you contact them within those 10 days.
What can an attorney do after a DUI stop?
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.
What should I do if I need help after a DUI stop?
The Law Offices of Andre A. Rouviere has handled DUI cases in Miami-Dade County since 1992. Andre Rouviere personally reviews every case at the firm. Initial consultations are free, and the firm maintains a 24-hour answering service for urgent matters.
If you or a family member has been arrested for DUI, contact us at (305) 774-7000 or visit our contact page. The 10-day deadline starts the day of arrest.
Last reviewed: September 2026. Reflects Trenton’s Law (effective October 1, 2025), which made a first breath-test refusal a crime.