Why Exercising Your Right to Remain Silent Can Be the Strongest Defense in Your DUI Case

As a Florida DUI defense lawyer, I have seen countless cases where what a person says to police ends up being the primary evidence against them. In DUI stops, officers are trained to gather incriminating statements quickly, often before you fully realize you are under investigation. They may seem friendly, but their questions are designed to build a case, not to clear you.

The good news is that under both the U.S. Constitution and Florida law, you have a legal right to refuse to answer questions that may incriminate you. Knowing when and how to exercise that right can make the difference between a conviction and a dismissal.

I’ll now explain the statutes that protect you, show how silence can strengthen your defense, outline the most common tactics used by law enforcement, and share a real case where my client’s decision to remain silent was the turning point in winning. In every section, I will also explain why having a private attorney is essential to protect your freedom.

Your Right to Remain Silent Under Florida Law

The right to remain silent is rooted in the Fifth Amendment to the United States Constitution and reinforced by Florida law. Florida Statute § 901.151, known as the “Florida Stop and Frisk Law,” gives officers the authority to detain individuals under certain conditions, but it does not compel you to answer questions about where you have been, whether you have consumed alcohol, or other potentially incriminating matters.

Florida Statute § 901.151(2) states:

“Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state… the officer may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person’s presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense.”

This law allows an officer to ask questions, but you are not legally required to answer anything beyond providing basic identification during a lawful stop. Anything beyond that — such as how much you drank or when you last slept — is voluntary, and answering could be harmful to your defense.

A private attorney can immediately identify whether your stop and questioning complied with the statute and can challenge any statements obtained in violation of your rights. Without an attorney, you may not even know if your constitutional rights were violated.

Why Silence Can Be a Strategic Defense

Prosecutors often rely on statements from defendants to strengthen a DUI case. If you admit to “a few drinks,” they will use that as evidence. If you say you are “tired,” they might argue that fatigue impaired your driving. Every word can be twisted to fit the State’s theory.

By refusing to answer incriminating questions, you remove a major tool from the prosecution’s arsenal. Without those admissions, they must rely on other evidence like breath or blood tests, field sobriety exercises, or officer observations — all of which can be challenged in court.

A skilled private attorney can file a motion to suppress illegally obtained statements, argue that the State’s evidence is insufficient, and in many cases, secure a dismissal or reduction. Public defenders work hard, but their caseloads are enormous. Having a private attorney means your case receives focused, aggressive attention from the start.

Real-Life Case: Silence Led to a Win

One of my clients, whom I’ll call “David” for privacy, was pulled over in Collier County after allegedly drifting between lanes. The officer immediately began asking about alcohol consumption. David politely provided his license and registration but said, “I do not wish to answer any questions.”

The officer tried multiple times to get him to talk about his evening, where he had been, and whether he had been drinking. David continued to remain polite but silent, other than confirming his identity.

Because David refused to answer, the prosecution had no admission of alcohol consumption. The breath test was later ruled inadmissible due to equipment calibration issues, and without his own statements to rely on, the State could not prove impairment beyond a reasonable doubt. The case was dismissed.

If David had answered the officer’s first question with “I had a couple earlier,” he would likely have faced a very different outcome. His silence, paired with an aggressive defense, was the key to winning.

Florida’s Implied Consent Law and How It Differs

Some people confuse refusing to answer questions with refusing chemical tests. Florida Statute § 316.1932, the Implied Consent Law, requires drivers lawfully arrested for DUI to submit to an approved chemical or physical test. Refusing a breath, urine, or blood test can result in license suspension and be used against you in court.

The key difference is this: You cannot be penalized for refusing to answer verbal questions, but you can face consequences for refusing a chemical test after arrest. This is why it is important to have an attorney who understands the exact point at which your rights shift and how to protect you from unnecessary penalties.

Defenses That May Apply When You Remain Silent

If you exercise your right to remain silent, a private attorney may be able to build your defense using:

  • Motion to Suppress Statements – If the police continued questioning you after you invoked your right to remain silent without providing Miranda warnings, your attorney can move to suppress those statements under both federal and Florida law.
  • Lack of Evidence of Impairment – Without admissions, the State may have only field sobriety test results or officer observations, which can be challenged as subjective and unreliable.
  • Procedural Violations – If the officer did not have reasonable suspicion for the stop under § 901.151 or probable cause for arrest, all evidence gathered afterward can be excluded.

In my practice, these defenses often work together. Silence limits the evidence, and a skilled private attorney uses that limitation to undermine the State’s case at every turn.

Why You Need a Private Attorney

Police and prosecutors know the rules, but they also know how to push them. If you are alone, you may not recognize when your rights are being bent or broken. A private attorney can:

  • Act quickly to preserve evidence and witness statements
  • Identify constitutional violations that can get evidence suppressed
  • Challenge the accuracy of chemical tests and field sobriety exercises
  • Negotiate for reduced charges or dismissal based on evidentiary weaknesses

A private attorney has the time and resources to examine every aspect of your case. With your freedom and record on the line, that level of attention is not optional — it is essential.

FAQs About Refusing to Answer Police Questions in Florida

Can police arrest me just for refusing to answer questions?

No, under Florida law, you cannot be arrested solely for refusing to answer incriminating questions. You may be required to provide identification in certain situations, but beyond that, your silence is protected by the Fifth Amendment and Florida Statute § 901.151.

Will my silence be used against me in court?

The prosecution cannot argue that your silence proves guilt. However, they may try to suggest it shows a lack of cooperation. A skilled defense attorney will file pretrial motions and request jury instructions to prevent improper use of your silence.

What if the officer says, “It will be easier if you just answer”?

This is a common tactic. Officers may imply that cooperation will result in leniency, but in most cases, your statements will only be used to strengthen the case against you. Politely declining to answer is the safest route.

Does refusing to answer apply before or after arrest?

Your right to remain silent applies both before and after arrest, but after arrest, officers are required to give Miranda warnings before questioning. If they do not, your attorney can seek to suppress any statements you make.

How is refusing to answer different from refusing a breath test?

Refusing to answer questions carries no automatic penalties. Refusing a breath, urine, or blood test after lawful arrest can result in license suspension under § 316.1932 and can be used against you in court.

What should I say to invoke my right to remain silent?

You can say, “I do not wish to answer any questions without an attorney present.” This makes it clear that you are invoking your rights and prevents officers from later claiming you were simply being uncooperative.

Is hiring a private DUI attorney worth it if I stayed silent?

Absolutely. Even without statements, the State may try to build a case against you using other evidence. A private attorney can identify weaknesses, challenge evidence, and protect your rights throughout the process.

Can remaining silent help in other criminal cases, not just DUI?

Yes. The same Fifth Amendment protection applies to all criminal investigations. Whether the charge is theft, assault, or drug possession, your right to remain silent is a critical safeguard.

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 with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.