With that being said it is imperative that you know your rights, and how to act if pulled over by law enforcement for DUI. This will help you to protect yourself and minimize your chances of a DUI conviction or repercussions.

# 1: Leave the vehicle if you are asked to by the officer.

As soon as you spot flashing lights behind you, move to an area out of traffic’s way. To reduce the perception of danger, keep both hands on the wheel. In the dark you might want to also turn on your car’s dome light. When the officer believes you’re under the influence of drugs or alcohol, she may check for bottles, paraphernalia and your voice and movements to see if they indicate intoxication. She may think that if you lean forward, you are trying to hide something. You should wait until the officer approaches you. Give the officer your registration, license and proof of insurance, if asked. Remember that you are not required to answer any question if you don’t want to. Your right to refuse questioning is available. Your case will not be helped if you talk about what you ate and drank at dinner. Keep your cool and remain firm. Keep your car in the garage unless you are asked to get out by an officer. Then, leave your vehicle. Always obey the law. If you refuse to leave your vehicle, the officer might interpret it as an effort to avoid or to pose a danger.

2: Do not take the field sobriety tests.

If you are 100 percent sure that you can perform the standardized Field Sobriety Tests (SFST), and you know you will not have had any alcohol in your system all day, then you may be able to do so. If an officer asks you, then she has already reasoned to suspect that you are drunk. There are a number of factors that may affect the results of an SFST. These include certain medications, medical conditions, poor co-ordination, and even illness. Everything you do on camera is recorded. The law in Florida allows you to retain the right of refusing to take the SFST. When asked to submit to the SFST, politely refuse. You cannot have your driving privileges suspended because you refused to perform the field sobriety testing. If the officer has any other reason to think you’re intoxicated (e.g. smell of alcohol, bloodshot eyes, swaying), you can be arrested. The officer could also use the refusal of the driver to support the DUI charge. This may cause the jury and judge to suspect that you were hiding something.

#3 – Refuse to breathalyzer but be prepared for the consequences.

The officer can request that you submit to chemical or breath testing at any point if there is any reason to believe you are driving under the influences. Florida Statutes .1932(2)c) states that when you obtain your Florida driver’s license, you agree to any breathalyzer or blood tests for the purpose determining whether there is a chemical substance or controlled substance in alleged DUI. How should you respond? It is recommended that you refuse the breathalyzer. You have the right to refuse, despite any implied consent. Police officers cannot usually physically force anyone to submit to a chemical test. However, they could draw blood if the person is unconscious or they suspect someone was seriously hurt or killed. The Breathalyzer is not always accurate. It may be that police officers have calibrated it incorrectly, or administered them in an improper manner. This can lead to false results or inaccurate readings. Other times, by preventing the law enforcement to collect this evidence it can make the prosecutor’s case harder. Refusing the breathalyzer can have serious consequences. You can be charged with DUI if you refuse to submit to the breathalyzer, blood or urine tests. You’ll also lose your eligibility for pretrial diversion. The most important thing is that you may lose your driving rights for a period of time based on previous refusals.

• Your license is suspended for a period of 12 months if you first refuse.
• Second refusal: Your license will be suspended for 18 months and you will also face a misdemeanor charge of “refusal” to take a test.

In the event that you do not submit, then you could be charged with additional offenses and lose your driving license.

#4: Seek legal advice.

You are not entitled to a lawyer by the police before you decide whether to submit to a breathalyzer. This is why drivers should be aware of their legal rights so they are not in such a precarious situation. You have the right to legal advice during a police interview. It is possible to refuse answering police questions until an attorney appears. Luna Law is able to guide you in police interrogation and build your defense should you be arrested by the police for DUI. Our team will help you understand the DUI Suspensions and what options you have if these steps are taken.