What to Do If You're Pulled Over for a DUI in Florida
Being pulled over for a DUI in Florida can be a frightening and overwhelming experience, but it’s important to know your rights and how to handle the situation.
DUI laws in Florida are strict, with serious penalties that can include fines, license suspension, and even jail time. However, what happens during and after the traffic stop can significantly influence the outcome of your case.
It’s essential for you to understand what to do if you’re pulled over for a DUI in Florida, what to expect during the process, and how to protect your rights. Our DUI defense attorneys at The Law Office of Gutin & Wolverton can help if you’ve been pulled over in Cocoa, Florida or in Brevard County including Titusville, Melbourne, and Palm Bay.
Understanding Florida DUI Laws
Before diving into what to do during a DUI stop, it’s important to understand the DUI laws in Florida. Florida’s DUI laws are outlined under Florida Statutes Section 316.193, which prohibits driving under the influence of alcohol, drugs, or controlled substances.
According to the Florida Department of Highway Safety and Motor Vehicles, a person is considered to be driving under the influence if their blood alcohol concentration (BAC) is:
0.08% or higher for drivers aged 21 and over
0.02% or higher for drivers under 21 years old (Zero Tolerance Law)
0.04% or higher for drivers operating commercial vehicles
Florida also has an implied consent law, which means that by driving on Florida roads, you've consented to submit to a chemical test (breath, blood, or urine) if an officer has reasonable cause to believe you’re under the influence. Refusing to submit to a test can result in automatic license suspension and other penalties.
Step 1: Stay Calm and Pull Over Safely
The first step when you see the flashing lights of a police vehicle behind you is to remain calm and pull over safely. It’s essential to pull over as soon as you can do so without putting yourself or other drivers in danger. Avoid sudden or erratic movements, and signal your intention to pull over using your turn signal or hazard lights.
Pulling over safely and calmly can leave a good impression on the officer, showing that you’re cooperative and in control. This can be helpful if your case goes to court.
Step 2: Stay in Your Vehicle and Wait for the Officer
Once you’ve pulled over, stay in your vehicle unless the officer instructs you otherwise. Turn off your engine, roll down your window, and place your hands on the steering wheel where the officer can see them. Reaching for documents or other items before the officer approaches can be seen as suspicious, so it’s best to wait for the officer to request your license and registration.
Step 3: Be Polite and Cooperative
When the officer approaches your vehicle, it’s crucial to be polite and cooperative. Answer the officer’s questions calmly, but remember that you have rights, including the right to remain silent and the right not to incriminate yourself. You aren’t obligated to answer questions about where you’ve been, whether you’ve been drinking, or how much you’ve had to drink.
If the officer asks you incriminating questions such as, "Have you been drinking tonight?" it’s best to politely decline to answer by saying something like, "I’d prefer not to answer that question." This prevents you from inadvertently providing evidence that could be used against you.
Step 4: Know Your Rights Regarding Field Sobriety Tests
In Florida, officers may ask you to perform field sobriety tests (FSTs) if they suspect you’re impaired. These tests usually involve physical tasks, such as walking in a straight line or standing on one leg, and are designed to assess your coordination and balance.
It’s important to understand that field sobriety tests are voluntary, and you’re not legally required to perform them. In fact, these tests can be highly subjective, and even sober individuals may have difficulty performing them correctly due to nerves, medical conditions, or environmental factors (e.g., uneven pavement). You can respectfully decline to participate in field sobriety tests.
Step 5: Understand Breathalyzer and Chemical Tests
After refusing or failing field sobriety tests, the officer may ask you to take a breathalyzer test. This is where Florida’s implied consent law comes into play. Refusing a breathalyzer or chemical test (breath, blood, or urine) can lead to automatic penalties, including:
First refusal: A 12-month driver’s license suspension.
Second refusal: An 18-month driver’s license suspension and potential criminal charges.
While you have the right to refuse a breathalyzer, the refusal may be used as evidence against you, and the automatic suspension of your driver’s license will take effect regardless of the outcome of your case. Weighing the pros and cons of refusing the test is a major decision, and, it’s often better to comply, especially if you believe your BAC will be below the legal limit.
Step 6: Going Through the Arrest and Booking Process
If the officer determines that there’s probable cause to believe you’re driving under the influence, you’ll likely be arrested. If arrested, it’s important to remain calm and cooperative during the arrest process to avoid additional charges, such as resisting arrest.
After your arrest, you’ll be taken to a local jail or detention center for booking. During this process, you’ll have your fingerprints and mugshot taken, and your personal information will be recorded.
You may also be asked to take another chemical test at the station. If you previously refused the breathalyzer test during the traffic stop, you could still be asked to take a blood or urine test. Refusing this second request may carry additional penalties.
Step 7: Posting Bail and Release
In most DUI cases, you’ll be able to post bail and be released from jail within a few hours. The bail amount will depend on several factors, including whether this is your first DUI offense and whether there were any aggravating circumstances. Once you’ve posted bail, you’ll be released and given a court date for your arraignment. it’s critical to contact a DUI defense attorney.
Step 8: Hire an Experienced Defense Attorney
Facing a DUI charge in Florida can be a stressful experience, but you don’t have to go through it alone. The most important step after being arrested for a DUI is to hire an experienced criminal defense attorney who may help protect your rights and guide you through the legal process.
A knowledgeable attorney may be able to:
Evaluate the evidence: An experienced DUI lawyer will review the circumstances of your stop, the evidence collected by law enforcement, and the procedures used during your arrest to determine if any of your rights were violated. For example, if the officer didn’t have probable cause to stop you, or if the breathalyzer wasn’t properly calibrated, your attorney may be able to challenge the validity of the evidence.
Negotiate with prosecutors: In some cases, your attorney may be able to negotiate with prosecutors to reduce your charges or penalties, especially if this is your first offense. They may also be able to secure alternatives such as community service, DUI school, or probation instead of jail time.
Represent you in court: If your case goes to trial, your attorney may represent you in court and work to build a strong defense on your behalf.
The consequences of a DUI conviction in Florida can be severe, so having a skilled DUI defense attorney in your corner is essential.
Step 9: Consider DUI Diversion Programs
In some Florida counties, first-time DUI offenders may be eligible for a DUI diversion program. These programs are designed to provide an alternative to traditional prosecution and can lead to reduced charges or even dismissal of the case if the defendant successfully completes the program.
Eligibility for a diversion program will depend on factors such as your criminal history, the details of your DUI arrest, and the policies of the local jurisdiction. An experienced DUI defense attorney may help you determine if you qualify for a diversion program and guide you through the application process.
Protect Your Future After a DUI Arrest
Being pulled over for a DUI doesn’t have to define your future. The decisions you make after being pulled over can impact the final outcome of your case. With the right legal representation from us at The Law Office of Gutin & Wolverton in Cocoa, Florida, you can fight the charges against you and protect your rights. Call us today to get started with a free consultation.