What Should I Do if I’m Arrested for DUI in Florida?

April 28, 2025

Understanding Your Rights, Defenses, and Why You Need a Private Attorney After a DUI Arrest

If you've been arrested for DUI in Florida, you might be feeling confused, anxious, or unsure about what to do next. You might be asking yourself questions like: "Do I have to take the breath test?" or "What happens to my license?" These are critical concerns, and answering them can make the difference between protecting your rights and unintentionally making your situation worse.

I’m here to walk you through the essential steps you need to take if you're arrested for DUI in Florida, explain the laws that apply, discuss possible defenses, and show you why having a private attorney by your side is absolutely essential.

Let me begin by outlining the process of a DUI arrest and what you should do at each step.

1. Stay Calm and Be Polite to the Officer

It’s natural to feel defensive or upset if you’re pulled over and suspected of DUI. But the most important thing you can do is remain calm and respectful. Being rude or argumentative will not help your case and could lead to additional charges such as resisting arrest without violence (Florida Statutes § 843.02).

When the officer asks you questions, remember that you have the right to remain silent. You don’t have to answer questions like, "Where are you coming from?" or "How many drinks have you had?" Anything you say can be used against you in court. The law only requires you to provide your identification, proof of insurance, and registration (Florida Statutes § 316.650).

2. You Have the Right to Refuse Field Sobriety Tests

Under Florida law, field sobriety tests (FSTs) are voluntary. The officer may ask you to perform tasks like walking in a straight line, standing on one leg, or touching your nose. However, you have the right to politely refuse. While refusing these tests cannot be used against you directly in court, police may still arrest you based on other signs of impairment.

In my experience, many of these tests are subjective and prone to failure. The results of FSTs are often challenged in court, and they are not always an accurate indicator of impairment. If you’ve been arrested despite passing FSTs, this could be a crucial element in your defense.

3. Understanding the Implied Consent Law in Florida

Florida’s Implied Consent Law (Florida Statutes § 316.1932) requires that if you’re arrested for DUI, you must submit to a chemical test to determine your blood alcohol concentration (BAC). The test can be a breath, blood, or urine test. If you refuse to submit to the test, your driver’s license will be automatically suspended for one year for the first refusal and 18 months for a second or subsequent refusal.

While you can refuse the test, the penalty for doing so can be significant, and it’s important to weigh your options carefully. If you take the test and your BAC is over the legal limit of 0.08%, you can face penalties under Florida Statutes § 316.193.

4. What Happens to Your License After a DUI Arrest?

Once you’re arrested for DUI in Florida, the Implied Consent Law means that your license will likely be suspended at the time of your arrest if you either refuse the chemical test or fail it. However, you can request a formal review hearing to contest the suspension (Florida Statutes § 322.2615). It’s important to request this hearing within 10 days of your arrest; otherwise, you lose your right to challenge the suspension.

Having an attorney who knows how to navigate the administrative hearing process can be a game-changer. I’ve helped many clients retain their licenses after a DUI arrest by fighting the suspension at these hearings.

5. Possible Defenses to DUI Charges

There are several defenses that can be raised in a DUI case under Florida Statutes § 316.193. Here are a few of the most common ones:

Improper Traffic Stop: If the officer didn’t have a legal reason to pull you over, the entire case can be thrown out. I’ve had cases where the officer couldn’t explain why they initiated the stop, leading to a dismissal.
Faulty Field Sobriety Tests: Field sobriety tests are subjective. Poor weather, uneven ground, or even nervousness can impact your performance, making these tests unreliable.
Inaccurate Breathalyzer Results: Breathalyzer devices must be calibrated regularly and operated correctly. If the device was improperly maintained or used, I can challenge the results.
Medical Conditions: Conditions like diabetes, acid reflux, or even recent food consumption can cause false readings on a breathalyzer. Medical issues should be considered in your defense.
Failure to Read Miranda Rights: If you were not informed of your rights (Miranda warnings) at the time of your arrest, I may be able to get your statement excluded from evidence.

6. Real-Life Example of a DUI Defense Win

I had a case a few years ago where my client, let’s call him John, was arrested for DUI after being stopped for swerving on the highway. The officer claimed John had slurred speech and appeared intoxicated. However, John had a medical condition that caused slurred speech due to his medications, not alcohol.

The officer administered a field sobriety test, which John failed due to his medical condition. Despite passing a breathalyzer test, he was arrested and charged with DUI.

Here’s how I successfully defended him:

I obtained medical records that showed John had been prescribed medications that caused slurred speech and other signs of impairment.
I challenged the field sobriety tests in court, showing that they weren’t valid given John’s medical condition.
I cross-examined the officer, highlighting his failure to consider other potential causes for John’s symptoms.

The case was eventually dropped, and John’s DUI charge was dismissed.

7. Why You Need a Private DUI Attorney

If you’ve been arrested for DUI, you need a private attorney who can protect your rights and provide the aggressive defense you deserve. Public defenders are often overloaded with cases and may not have the time or resources to fully challenge the evidence against you.

As a private lawyer, I can focus on every detail of your case—from the police reports to the breathalyzer results to your medical history—and develop a defense strategy tailored to your specific situation. I don’t just take the first plea offer; I fight for the best possible outcome, whether that’s getting the case dismissed, reducing the charges, or winning at trial.

8. What to Do After a DUI Arrest in Florida

Stay Calm and Cooperate: Be polite and follow the officer’s instructions, but remember your rights.
Refuse Field Sobriety Tests: If you’re offered a field sobriety test, it’s generally in your best interest to politely refuse.
Take the Breath Test: If you decide to take the breath test, make sure to ask about your right to have an independent test conducted.
Request a Formal Review Hearing: You have 10 days to request a hearing to challenge your driver’s license suspension.
Call an Attorney: The sooner you contact a private DUI attorney, the better. I can advise you on the best course of action and begin working on your defense immediately.

If you’ve been arrested for DUI in Florida, don’t wait. The sooner you contact an experienced DUI defense lawyer, the more options you have to fight the charges and protect your rights.

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.

FAQs – What to Do if You’re Arrested for DUI in Florida

What is the first thing I should do after a DUI arrest in Florida?
The first thing you should do is remain calm and comply with basic requests like providing your ID, registration, and insurance. Don’t answer any questions about where you were coming from or how much you’ve had to drink. Remember, you have the right to remain silent.

Should I refuse a breathalyzer test?
Florida law has an Implied Consent Law that means if you refuse a breathalyzer, your license will be suspended. However, you may still be arrested, and the officer may use other evidence, like field sobriety tests or your behavior, to build their case. A private attorney can help guide you through this decision, but in many cases, it’s better to take the test.

What happens if I refuse a breath test?
If you refuse to take a breath test, your license will be automatically suspended for one year (for a first refusal). A second refusal can result in an 18-month suspension. Additionally, your refusal can be used as evidence of guilt in the DUI case.

Can I get my DUI charge dismissed?
It’s possible to get a DUI charge dismissed. The best chance of doing so is to have an experienced lawyer review the facts of your case. I examine everything from the legality of the stop to whether the police followed proper procedures during the arrest and testing. If the arrest wasn’t handled correctly, your charges could be dismissed.

What defenses can be raised in a Florida DUI case?
Possible defenses include challenging the legality of the traffic stop, questioning the accuracy of field sobriety tests, or disputing the accuracy of the breathalyzer results. Medical conditions, improper police procedure, or issues with the chemical testing equipment can also serve as effective defenses.

Do I need a private lawyer for a DUI charge in Florida?
Yes, having a private attorney is essential. A private lawyer can provide personalized attention, access to resources, and the ability to fully investigate your case. Public defenders are often overburdened and may not be able to give your case the time and focus it requires. With a private lawyer, you’re more likely to get a favorable outcome.