Being pulled over is stressful. If a Florida officer suspects impairment and asks you to take a breathalyzer test, what you say — and do — can affect your license and your future. 

Here’s what you need to know. 

Stay Calm and Composed

If you’re pulled over: 

  • Safely pull over 
  • Turn off your vehicle 
  • Keep your hands visible 
  • Remain polite and respectful 

Staying calm matters. 

Provide Required Documents

Florida law requires you to provide: 

  • Driver’s license 
  • Registration 
  • Proof of insurance 

Failing to do so can result in additional penalties. 

You Do Not Have to Answer Investigative Questions

If asked: 

  • “Have you been drinking?” 
  • “How much did you have?” 
  • “Where are you coming from?” 

You may say: 

“I choose to remain silent.”
or
“I prefer not to answer any questions.” 

Do not lie, but do not volunteer information. 

Field Sobriety Tests Are Voluntary

In Florida, roadside field sobriety exercises (walk-and-turn, one-leg stand, etc.) are voluntary. You may politely decline: 

“I respectfully decline to participate in field sobriety exercises.” 

An officer may still arrest you if they believe there is probable cause. 

Breathalyzer Refusal in Florida

Florida’s Implied Consent Law (F.S. § 316.1932) requires you to submit to a lawful breath, blood, or urine test after arrest. 

Refusing a breath test results in: 

  • 1-year license suspension for a first refusal 
  • 18-month suspension and possible additional charges for a second refusal 

Refusal can also be used against you in court. 

If asked to take a breath test, you may ask: 

“Am I under arrest?” 

If you are under arrest and read the implied consent warning, you must decide promptly. Florida law does not allow you to delay testing while waiting for an attorney. 

What You Should Not Do

  • Do not argue roadside law 
  • Do not resist 
  • Do not admit guilt 
  • Do not volunteer extra information 
  • Do not assume refusal automatically protects you 

DUI cases often depend on technical details, including whether the stop, arrest, and testing procedures were handled properly. 

If You’ve Been Arrested for DUI in Florida

Time is critical. You have only 10 days from the date of arrest to request a formal review hearing to challenge your license suspension. 

A DUI arrest does not automatically mean a conviction. Every case deserves a thorough review. 

If you or someone you know is facing DUI charges in Florida, the experienced defense attorneys at Halmon Law can evaluate your case, explain your options, and work to protect your rights and driving privileges. Contact Halmon Law today to schedule a confidential consultation and take the first step toward protecting your future. 

Call us now (813) 838-7996 or visit halmonlaw.com today to discuss your legal matter and receive informed, strategic guidance.