Your Rights During a DUI Traffic Stop in Florida: What Police Can and Cannot Do
A DUI stop is always nerve-racking and confusing, especially when you are not aware of your rights. Many DUI cases are determined not only on the results of the alcohol or drug test, but also on the events that transpired during the stop. Being aware of what law enforcement can and cannot do during the DUI stop in Florida can greatly help your case.
The initial traffic stop must be lawful
The police officer must have a reasonable suspicion to stop your car. This could be due to a traffic violation, erratic driving, or a mechanical issue with the car, such as a broken taillight.
The police officer has no right to stop a driver based on a hunch or profiling.
If the police officer did not have the right to stop the driver, any evidence obtained after the stop, such as field sobriety tests or chemical tests, can be challenged in court.
What you must provide (and don’t)
At the time of the DUI stop, Florida drivers must give:
- A driver’s license
- Vehicle registration
- Proof of insurance
You do not have to answer any questions regarding the places you’ve been, whether or not you’ve been drinking, or the amount of alcohol you consumed. Politely declining to answer these questions is well within your rights and cannot be used against you as evidence of guilt.
Field sobriety tests are voluntary
Drivers are unaware that the field sobriety tests are actually optional in Florida. The field sobriety tests are subjective in nature and are often conducted in poor road conditions, such as uneven road surfaces, poor lighting, and road distractions.
You can refuse to participate in the field sobriety tests without violating the law. Refusing to participate in field sobriety tests does not necessarily mean you will be arrested.
Breath tests: Roadside versus station testing
There are two types of breath tests:
- Roadside preliminary breath tests (PBTs) – These are voluntary and generally used to establish probable cause.
- Official breath tests at the police station – These fall under Florida’s implied consent law.
Refusing an official breath test can result in an automatic license suspension, even if you are never convicted of DUI. However, refusal can still be a strategic decision in some cases, depending on the circumstances.
Searches of your vehicle
The police usually require probable cause and/or consent to search your vehicle. You have the right to deny the police your consent to search your vehicle. Even if the police search your vehicle under the above exceptions, your denial of the search maintains your rights.
Your right to remain silent and request an attorney
You also have the right to request an attorney after being placed in custody. Statements made during and after the arrest for DUI can be used against the driver, even if they are casual in nature.
Talk to an Orlando, FL, DUI Attorney Today
FL DUI Group represents the interests of Orlando residents who are facing DUI charges. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
