How to Protect Your Rights and Why You Need a Private Attorney After a DUI Stop in Florida
If you're reading this, you've probably had that nervous moment when you see flashing lights in your rearview mirror. It's a feeling of uncertainty—especially if you've been drinking or taking medication and wonder whether you're about to face a DUI arrest. I'm here to help you understand what to do if you're pulled over for DUI in Florida, what rights you have, and why having a private criminal defense lawyer by your side is essential.
As a Florida criminal defense attorney, I've handled countless DUI cases, and I can tell you that the way you handle a DUI stop can make all the difference in the outcome of your case. Your actions during that traffic stop could be the deciding factor in whether you're charged with DUI or if the case is dismissed altogether.
Let's break it down.
Florida DUI Law – What the Statute Says
Florida Statutes § 316.193 makes it clear that driving under the influence (DUI) is a criminal offense if you're impaired by alcohol, drugs, or any substance that affects your ability to operate a vehicle safely. The statute states:
Florida Statutes § 316.193(1)
"A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance... or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired; or
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood..."
Even if your blood alcohol content (BAC) is under the legal limit of 0.08, you can still be charged with DUI if law enforcement determines that you're impaired due to alcohol or drugs, as the statute allows for impairment due to any substance.
What Happens When You're Pulled Over for DUI?
When a police officer pulls you over, they're likely looking for signs of impairment. These signs include things like:
- Swerving in and out of lanes
- Speeding or driving too slowly
- Difficulty in stopping or obeying traffic signals
- Bloodshot eyes, slurred speech, or the odor of alcohol
The officer will first assess your general appearance and behavior, asking you a series of questions to gauge whether you're impaired. If they suspect impairment, they may ask you to step out of the vehicle and perform field sobriety tests.
Here's what you need to know:
- You don't have to answer questions like "Where have you been tonight?" or "How much have you had to drink?" You have the right to remain silent.
- You don't have to perform field sobriety tests, and you should refuse them. These tests are voluntary, and they are difficult to perform even for someone who isn't impaired. The results of these tests are often used against you, but your refusal cannot be used as evidence of guilt.
- You must provide your license, registration, and insurance information when asked, but you do not have to answer questions about your drinking or drug use.
It's important to remain calm and polite but also to protect your rights. You have the right to remain silent and to request a lawyer if you are being questioned or arrested.
What to Do if You're Asked to Take a Breath, Blood, or Urine Test
In Florida, implied consent law requires that you submit to a breath test if you're arrested for DUI. Refusing to take the test can result in an automatic 12-month license suspension under Florida Statutes § 316.1932:
Florida Statutes § 316.1932(1)(a)
"Any person who accepts the privilege extended by this state to operate a motor vehicle... is deemed to have given consent... to submit to a breath, urine, or blood test if arrested for driving or in actual physical control of a motor vehicle."
However, refusal to take a breath test can result in severe consequences, such as:
- Suspension of your license for 12 months for a first refusal
- Criminal penalties for multiple refusals
That said, you are not required to take a field sobriety test or to submit to a blood test unless certain circumstances exist—such as an accident with injury or death.
If you refuse the breathalyzer but there is probable cause to believe you were impaired, you may still face arrest and DUI charges. But you are still protecting your rights by refusing to provide evidence that could be used against you.
Defenses to Florida DUI Charges
When facing DUI charges based on a traffic stop, there are several defenses that can be used to challenge the evidence:
1. Illegal Stop
Under Florida Statutes § 901.151, law enforcement officers must have reasonable suspicion to pull you over. They cannot stop you arbitrarily. If the officer did not have a valid reason to stop your vehicle, it could be grounds for dismissing the case.
2. Lack of Probable Cause for Arrest
Even if the officer suspects you're impaired, they need probable cause to arrest you. If they don't have enough evidence to establish that you were actually impaired by alcohol or drugs, the case could be thrown out.
3. Flawed Field Sobriety Tests
The field sobriety tests used to assess impairment are highly subjective and often inaccurate. For example, people with physical conditions like balance issues or those who are tired may fail these tests, even if they haven't been drinking. A private attorney can argue that the tests weren't properly administered or that your physical condition affected the results.
4. Breathalyzer Errors
Breath tests can be inaccurate for a variety of reasons, including malfunctioning machines, improper calibration, or human error. A skilled attorney will investigate whether the breathalyzer test was properly administered and challenge the results.
5. Medical Conditions or Medications
Certain medical conditions (like diabetes) or prescribed medications (such as painkillers or anxiety medication) can mimic signs of impairment. If you were taking prescribed medication, we can argue that you were not impaired or that your medical condition caused a false positive on the tests.
Real-Life Example of a Case I Won
I once represented a client who was stopped for DUI after swerving slightly within their lane. The officer asked my client to take a breathalyzer test, which came back at 0.04—well under the legal limit of 0.08. However, the officer argued my client's speech was slurred, and their eyes were bloodshot.
During the case, I reviewed the dashcam footage from the stop and noticed that the officer had incorrectly conducted the field sobriety tests, including a test where my client's physical limitations (due to a recent surgery) were never taken into account.
By challenging the officer's conduct, the flawed tests, and the inaccurate observations, I was able to get the case dismissed. This was a classic example of how field sobriety tests and officer bias can be used against you—but also how a private attorney can use these flaws to your advantage.
Why You Need a Private Attorney
DUI cases in Florida are serious and can lead to severe consequences—license suspension, fines, probation, and even jail time. While public defenders do a great job, private attorneys like me have the time and resources to dive deep into every aspect of your case. I don't just rely on a plea deal; I investigate every detail to find weaknesses in the prosecution's evidence.
The sooner you contact an attorney, the better your chances of getting the charges reduced or dismissed.
If you've been pulled over for DUI in Florida, contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation. We are dedicated to defending people like you, and we offer aggressive representation from start to finish. With over 30 office locations across Florida, we serve all counties, helping you through every step of your case.
FAQs – What to Do if You're Pulled Over for DUI in Florida
What are my rights if I'm pulled over for DUI in Florida?
You have the right to remain silent. You must provide your driver's license, registration, and proof of insurance upon request, but you do not have to answer questions about where you've been or how much you've had to drink. You also have the right to refuse field sobriety tests, though refusal may result in penalties.
Can I refuse the breath test in Florida?
Yes, you can refuse the breath test, but there are consequences. If you refuse, your license will be suspended for one year for a first refusal, and you may face criminal penalties for a second or third refusal. It's important to weigh the risks with your attorney.
What should I do if I fail the breathalyzer test?
If you fail the breathalyzer, do not panic. A failed test does not automatically lead to a conviction. A skilled DUI attorney can challenge the results, investigate how the test was administered, and look for weaknesses in the officer's observations.
Can I be arrested for DUI if my BAC is under 0.08?
Yes. If an officer determines that you are impaired due to alcohol or drugs, they can arrest you even if your BAC is under 0.08. Impairment is the key factor, and an officer's opinion is often based on subjective observations.
What are the penalties for DUI in Florida?
Penalties can include fines, license suspension, mandatory DUI education, and possibly jail time. For a first offense, you can face up to six months of probation and community service. For subsequent offenses, penalties can increase significantly, including mandatory minimum jail time, higher fines, and longer license suspensions.
How can a private lawyer help with my DUI case?
A private attorney can investigate every part of your case, challenge the evidence, and protect your rights throughout the process. From challenging field sobriety tests to investigating breathalyzer inaccuracies, having a lawyer on your side gives you the best chance for a favorable outcome.
Is there a way to get my DUI charge reduced or dismissed?
Yes, it's possible to have a DUI charge reduced or dismissed. A private attorney will investigate every aspect of your case, including the validity of the stop, the accuracy of the tests, and any violations of your rights during the arrest process. If weaknesses are found, it can result in a reduction or dismissal of charges.
Call Musca Law For a Free Consultation - We Are Open Every Day 24/7 A Day!
If you've been pulled over for DUI in Florida, contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation. We are dedicated to defending people like you, and we offer aggressive representation from start to finish. With over 30 office locations across Florida, we serve all counties, helping you through every step of your case.