Pulled Over for DUI in Florida? 5 Tips (2026 Update)
Originally published June 18, 2018 by Daniel Nawara. Updated October 3, 2026 to reflect Florida's October 1, 2025 change to the breath-test refusal law.
What changed since 2018: The original version of this post suggested refusing the breathalyzer. That advice is out of date. Since October 1, 2025, refusing a lawful breath or urine test after a DUI arrest is a second-degree misdemeanor for a first refusal under section 316.1939, Florida Statutes. A refusal after a prior refusal suspension (or a prior boating refusal fine) is a first-degree misdemeanor. Tip 5 below explains what the breath-test request means now.
What the State has to prove in a Florida DUI
Assuming the State can prove you were driving or in actual physical control of a vehicle, it can prove DUI in one of two ways under section 316.193:
You were under the influence of alcohol or a controlled or chemical substance to the extent that your normal faculties were impaired, or
You had a blood or breath alcohol level of 0.08 or more (grams of alcohol per 100 milliliters of blood or per 210 liters of breath).
The State only has to prove one of them. That's why what happens at the roadside matters so much, even when there is no test result.
1. Pull over safely and calmly
If an officer is pulling you over for suspected DUI, he or she has probably already noted something about your driving, such as drifting out of a lane or stopping past the stop bar. Signal, slow down and pull over somewhere safe. Avoid stopping abruptly or making sudden movements. Turn on your interior light at night and keep your hands where the officer can see them.
2. Be polite, every second is likely recorded
Being rude never helps. Most patrol cars and officers in Sarasota and Manatee County record video and audio, and that recording can be played for a judge or jury. Belligerence can be described as a sign of impairment. An officer's view of how you behaved can also come up later, when the prosecutor is deciding what offer to make. Being courteous is not the same as agreeing to everything. You can be polite and still decline what you are not required to do.
3. Provide your documents, then say less
When asked, hand over your driver's license, registration and proof of insurance. Florida law requires drivers to provide these. Beyond that, you do not have to answer questions about where you were coming from or how much you had to drink. A short, polite answer is enough, for example: "Officer, I'm not going to answer questions without a lawyer."
Nerves make people ramble, and every word is recorded. Answers like "just two beers" are some of the most common evidence in DUI reports. Slurred or confused speech will also be noted.
If you want to know more about talking to police before an arrest, see police questioning before an arrest in Sarasota or Bradenton.
4. Know that field sobriety exercises are voluntary
The walk-and-turn, one-leg stand and similar roadside exercises are designed to collect evidence. The officer decides whether you "passed," and many sober people struggle with them on a roadside shoulder at night, in sandals, or with a medical or balance issue. Many of them also involve counting or reciting, which gives the officer another chance to note your speech.
Florida does not make it a crime or require a license suspension for declining roadside exercises. Prosecutors may still try to tell a jury that you declined. Learn more about field sobriety tests in Florida.
5. Understand the breath test request. Refusing is now a crime
This is the tip that changed most since 2018.
Roadside vs. after arrest. Florida's implied consent law (section 316.1932) applies to the breath test requested after a lawful DUI arrest, usually on an Intoxilyzer at the jail or a station. Before asking, the officer must warn you about the consequences of refusing.
What a refusal means in 2026:
A new criminal charge. A first refusal is a second-degree misdemeanor (up to 60 days in jail and a $500 fine). A refusal after a prior refusal suspension or boating refusal fine is a first-degree misdemeanor (up to 1 year and $1,000). This applies to offenses on or after October 1, 2025 (s. 316.1939; ss. 775.082, 775.083).
A longer license suspension. 1 year for a first refusal and 18 months if you were suspended for refusing before, compared with 6 months for a first reading of 0.08 or higher (s. 322.2615).
Evidence at trial. The refusal can be used against you in the DUI case (s. 316.1932(1)(a)).
It does not stop a DUI charge. The State can still try to prove impairment using driving, video, statements and roadside observations.
There is no single right answer for every person, and this post is not advice to take or to refuse a test. The safest choice is not to drive after drinking. If you've already refused, read what happens after you refuse a breath test in Florida.
Breath results still matter. A result of 0.05 or less creates a legal presumption that you were not impaired, a result over 0.05 but under 0.08 creates no presumption either way (s. 316.1934(2)), and a result of 0.15 or higher brings enhanced penalties (s. 316.193(4)). See high BAC DUI and challenging a breath test.
After the stop: you have 10 days
If you were arrested and blew 0.08 or more, or refused, the officer suspended your license on the spot. The notice of suspension is also a 10-day temporary permit. You have 10 days from the date it was issued to request a review or ask about a restricted license. See the Florida DUI 10-day rule and what happens after a DUI arrest.
Talk with a former Sarasota-area prosecutor
Daniel D. Nawara previously served as a prosecutor in Florida's Twelfth Judicial Circuit, which covers Sarasota, Manatee and DeSoto counties. Call or text (941) 920-5514, available 24/7, or request a free consultation. See Sarasota DUI defense and Bradenton DUI defense.
General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. No outcome is guaranteed. Statutes cited are the 2026 Florida Statutes, checked October 2, 2026.