Pulled over for DUI in Florida: what to do (and not do) during the stop

A traffic stop on Ninth Avenue, on I-10, or on the bridge to Gulf Breeze can turn into a DUI investigation in minutes, and the choices you make on the side of the road follow you into the courtroom. This article walks through what Florida law actually requires of you during the stop, and what it does not.

What should I do the moment I see blue lights?

Slow down, signal, and pull over as soon as it is safe. Turn off the engine, turn on the interior light if it is dark, and keep your hands where the officer can see them, ideally on the wheel. Do not reach for the glove box until asked.

Do not drive off. Under Florida law, willfully refusing or failing to stop after an officer orders you to is a third-degree felony, usually a far more serious charge than a first DUI.

What do I have to give the officer?

Florida law requires you to produce three things when an officer asks:

• Your driver’s license. You must have it with you whenever you drive and present it on demand.
• Your vehicle registration. It must be kept in the car or with you and shown on request.
• Proof of insurance. A paper card or the electronic version on your phone both work. Showing your phone for this purpose does not give the officer permission to look at anything else on it.

Hand them over calmly. Cooperating with the paperwork costs you nothing.

Do I have to answer the officer’s questions?

Generally, no. Officers often ask, “Where are you coming from?” and “How much have you had to drink tonight?” The U.S. Supreme Court has recognized that during a traffic stop an officer may ask questions, but the driver is not obliged to answer them.

During a routine roadside stop, officers generally do not have to read you your Miranda rights before asking those questions. The warnings are tied to custody, and the Supreme Court has held that an ordinary traffic stop is usually not custody. So whatever you say on the shoulder, including “just two beers,” can generally be used as evidence.

You can stay polite and still protect yourself: “Officer, I’m respectfully not going to answer questions about tonight.” Do not lie, and do not argue. We explain why explaining yourself so often backfires in “Can I just explain my side to the police?”

Do I have to do the roadside sobriety exercises?

Walking a line, standing on one leg, and following a pen with your eyes are not the same thing as the breath test. Florida’s implied consent law, the one that comes with suspension and refusal penalties, refers to “chemical or physical” tests, such as the breath test, requested after a lawful arrest. It does not mention roadside exercises by name.

That does not make the decision simple. These exercises are usually requested before any arrest, they are often recorded on body or dash cameras, and how a refusal is treated in court is a question with real nuance. Nervousness, fatigue, a bad knee, or an uneven road shoulder can all affect how anyone performs. Talk to a lawyer about how this played out in your stop.

What happens if I’m arrested and asked to take a breath test?

By driving in Florida, you are treated as having agreed in advance to an approved breath test if you are lawfully arrested for DUI. Before you decide, the officer must tell you the consequences of refusing. Listen closely, because they are significant:

1. Your license is suspended for 1 year on a first refusal, or 18 months if you were previously suspended (or fined, including for a boating refusal) for refusing a test.
2. Refusal is a crime on its own. Since October 1, 2025, a first refusal after a lawful DUI arrest is a second-degree misdemeanor (up to 60 days in jail and a $500 fine). If you were previously suspended or fined for an earlier refusal, it is a first-degree misdemeanor (up to 1 year and a $1,000 fine).
3. The refusal can be used as evidence in the criminal case.

If you take the test and the result is 0.08 or higher, your license is generally suspended for 6 months on a first suspension. Either way, the clock starts that night: you generally have only 10 days to request a review of the suspension. Our guide to what happens after a DUI arrest in Escambia County walks through that first week.

What should I not do during a DUI stop?

• Do not flee or drive away, even if you are scared.
• Do not argue, resist, or touch the officer, even if the stop feels unfair. That fight belongs in court.
• Do not make up a story. Declining to answer is your right. Lying creates new problems.
• Do not post about it afterward, or text friends about how much you had. Those messages can become evidence.

A DUI stop is not the end of the story. Whether the stop was lawful, how the exercises were given, and how the breath machine was maintained are all questions a defense can examine. You can learn more about how we approach these cases on our Pensacola DUI defense page.

If you were stopped in Escambia or Santa Rosa County and things went further than a warning, call us before you do anything else. The consultation is free, and the phone is answered around the clock. Call (850) 444-7444. We’ll take it from here.

This article is general information about Florida law, not legal advice about your case, and reading it does not create an attorney-client relationship. Every case is different.