What to Do If You Are Pulled Over for DUI in Tampa, Florida

Being pulled over on suspicion of driving under the influence can be stressful and intimidating. What you say and do during a DUI traffic stop may also have important consequences for what happens next. Whether you have been drinking or not, knowing how to respond to law enforcement while protecting your rights can help prevent an already difficult situation from becoming worse.

If you are pulled over for DUI in Tampa, remaining calm, understanding your rights, and knowing your obligations are important. If the stop results in an arrest, speaking with a Tampa DUI defense attorney as soon as possible can also help you understand your options.

Pull Over Safely and Stay in the Vehicle

When a police officer signals for you to stop, pull over in a safe location. Do not attempt to avoid the officer or drive away. Trying to evade law enforcement can create additional problems beyond the original reason for the traffic stop.

After stopping, remain inside the vehicle unless the officer instructs you to get out. Keep your hands somewhere visible, such as on the steering wheel, and avoid making sudden movements.

If the stop happens at night in a poorly lit area, turning on the vehicle’s interior light may make it easier for the officer to see inside the car.

Wait until the officer asks for your driver’s license, registration, and proof of insurance before reaching for them. Keeping these documents somewhere reasonably accessible can help avoid unnecessary searching or movements during the stop.

Be Polite Without Volunteering Information

You should remain polite and cooperative with the officer. Provide your license, registration, and insurance when requested and follow lawful instructions, including an instruction to exit the vehicle.

Being cooperative, however, does not mean you must volunteer information that could potentially be used against you.

A police officer investigating a possible DUI may ask where you have been, whether you have been drinking, what you were drinking, or how much alcohol you consumed. Your statements could later become evidence in a criminal case.

You can decline to answer questions without becoming argumentative or confrontational. Avoid trying to explain your situation or convince the officer that you are fine to drive. The more you say, the more information you potentially provide to law enforcement.

Understand Field Sobriety Exercises

Drivers suspected of DUI may be asked to perform field sobriety exercises. Whether someone should participate in those exercises can be a complicated decision that depends on the circumstances.

Factors such as whether a person has consumed alcohol, how much alcohol was consumed, and whether the person has balance problems or other issues can affect the situation. There is no single rule that is appropriate for every DUI stop.

Drivers should understand that they can refuse to participate in field sobriety exercises. However, refusal can potentially be used against them later.

Field sobriety exercises are also not simply pass-or-fail tests. Instead, officers are looking for indicators that they believe may suggest impairment. Ultimately, the decision to make a DUI arrest involves the officer’s judgment based on the circumstances and observations made during the stop.

What Happens With a Breath or Blood Alcohol Test?

Chemical testing presents another important issue after a Florida DUI arrest.

Florida drivers are considered to have consented to chemical testing for alcohol content when they have been lawfully arrested in connection with operating a vehicle under the influence. Refusing chemical testing can have significant consequences.

A first refusal can result in a mandatory one-year driver’s license suspension. A subsequent refusal can result in a longer suspension. If a driver has previously had a license suspended for refusing to provide a breath or blood sample, another refusal can also constitute a separate crime.

The decision can therefore be complicated.

Providing a breath or blood sample may give prosecutors specific chemical evidence that could potentially be used in a DUI prosecution. A person may be convicted of DUI when prosecutors establish that the person was driving and had a breath or blood alcohol level above 0.08.

Refusing testing does not necessarily mean that the prosecution will have no case. The refusal itself may potentially be used against the defendant, along with other evidence. Police observations involving behavior, the odor of alcohol, bloodshot eyes, and other alleged signs of impairment may also become evidence.

Protect Your Right to Remain Silent After a DUI Arrest

Your right to remain silent remains important after an arrest.

If police attempt to question you, you can politely tell them that you do not want to answer questions without first speaking with a DUI attorney. Remember that statements do not necessarily have to be made during a formal interrogation to cause problems.

Avoid discussing your drinking, arrest, or case with other people while in custody. Statements made to other inmates could potentially become relevant to the prosecution. Your behavior after the arrest could also be cited as alleged evidence of intoxication.

In general, saying less about the facts of the case until you have spoken with an attorney can help avoid unnecessarily creating additional evidence.

Contact a Tampa DUI Defense Attorney

After a DUI arrest, getting legal advice promptly can be important. A DUI lawyer can examine the circumstances surrounding the traffic stop, arrest, field sobriety exercises, and chemical testing.

Depending on the circumstances, a defense attorney may examine whether there was a lawful basis for the traffic stop or whether alcohol testing was conducted properly. Problems with the stop or testing procedures may provide grounds for challenging certain evidence.

When choosing a DUI lawyer, consider an attorney’s experience with DUI cases, familiarity with the local criminal court system, and ability to handle a case that may ultimately proceed to trial.

A DUI charge can affect your driver’s license and expose you to criminal consequences, which makes the decisions you make immediately after a stop especially important.

If you have been arrested for DUI in Tampa or the surrounding area, contact Brunvand, Wise & Farinella Law Group. A Tampa DUI defense attorney can review the circumstances surrounding your arrest, explain the legal issues involved, and help you determine the appropriate next steps for defending your rights.