What do I do if I get stopped for a DUI in Florida?

March 2016

Orlando DUI Attorney Jack Kaleita explains what you should do if you get stopped for a DUI in Florida. Based in Longwood, FL, minutes away from downtown Orlando. Free consultation:

What do I do if I get stopped for a DUI in Florida?

"Most people don’t get stopped for a DUI, they get stopped for something else. Now the reality of it is, is if you’re out driving around at 2 o’ clock in the morning when the bars close, and the ratio of police to cars is about 1:1, you increase the probability of getting stopped for DUI. So the best advice is - don’t drive around in the middle of the night, because you take a chance, particularly if you’ve been drinking. But the reality of it is, is that most stops are not for DUI, they’re for something else, either speeding, or weaving, or having a headlight out or something like that. But once you get stopped, the question becomes: what do you do? The law requires, obviously, that if you’re pulled over, you come to a safe stop, and that you cooperate with the officer, you furnish to him what you’re required to produce: your driver’s license, registration, proof of insurance, and all those things. Many times after those things are produced, the officer will say something to you like: “hey I smell an odor of alcohol, would you mind maybe doing some tests to see how you are to drive?” Most people get concerned at that point and they’re afraid that if they don’t do the tests, then the officer might arrest them for DUI. The reality of it is that you’re not under any legal compulsion to do those tests that they want you to do roadside. We have all heard of those tests, the finger to nose and the walk a line, and all those tests. But you don’t have to do those. Now, the fact that you chose not to do those might, at some point, come out before a jury, but you’re not under any legal obligation to do field sobriety tests. You are, under the law in Florida, required to take a breath test if you are lawfully arrested for a DUI, but that’s a different issue - in the beginning, you have to get arrested. So - if you’re roadside and they’ve stopped you and they want to talk to you - you can talk to them, but you’re not under any compulsion to take field sobriety tests, you’re not under any compulsion to answer any questions about where you’ve been, what you’ve had to drink, what you’ve had to eat, whether you’re sick. Any of those questions, you don’t have to answer any of those. Now the officer may tell you “well, if you don’t answer any of my questions, I’m going to make my decision based upon what I’ve seen so far” and that happens all the time. But the reality of it is, you can’t change what the officer’s perception of you is. But if you give them additional evidence by performing poorly on field sobriety exercises, or by answering questions, like you’ve been drinking or you haven’t had anything to eat since yesterday, then you obviously increase the amount of evidence against you and you increase the probability of being convicted of DUI in the event that you are arrested." If you are charged with driving under the influence in rlando, Loongwood, or anywhere in Central Florida, you should contact a highly experienced DUI attorney as soon as possible. Jack Kaleita is a former Florida felony prosecutor and provides excellent defense to clients accused of DUI. Call us today for a free and confidential consultation.