Being pulled over for DUI is often a scary experience. Feeling anxious is normal, especially if you did have a couple of drinks before driving.
When you feel this way, it is natural to want to talk to the police officers and explain your side of the story as much as you can, believing that this will cause them to let you go.
While it is true that you should always be polite and respectful to police officers during a DUI stop, you also have rights. It is important to know these rights since DUI convictions in Florida come with serious penalties.
The right to remain silent
You have the right to remain silent and not answer the police officer’s questions on what you did that day or night, how much alcohol you had to drink or any other topics. You should provide your identification, registration and insurance information if asked, but you do not need to say anything else.
If the police officers believe you have been drinking, they will likely ask you to perform some field sobriety tests. These are tests such as walking a straight line, standing on one leg or counting backwards.
These tests are supposed to measure your balance and coordination. Failing the tests could be evidence of intoxication.
The right to refuse field sobriety tests
You do not have to take these tests. The police officers can ask you to take the tests, but you can say nothing or say no. They cannot make you take them.
One reason you should say no to these tests is it can be easy to fail them if you are nervous. Even if you only had one or two drinks and are under the legal alcohol consumption limit, your nerves could cause you to lose your balance or forget basic information.
You have the right to request an attorney if you are arrested. This is an important right to protect your legal interests and guide you through any next steps.