Getting pulled over because you’re suspected of being under the influence can be a daunting and very intimidating experience. Most drivers become very nervous, and in the heat of the moment forget that they have certain rights and protections under the law. If convicted on a DUI in Florida, the fines and penalties are significant, and become even more costly if you’ve had more than one DUI offense. Defending against DUI claims increases the amount of money you’ll spend to navigate this criminal offense.

Remain Calm Throughout the Stop

The first thing to remember when you’ve been pulled over for suspicion of driving under the influence is to remain calm. Do not willingly provide any information that could incriminate you. The officer will ask you for basic information, such as your name, and will likely request your driver’s license and registration. You are required to hand over these documents and provide this basic information, but you do not need to offer details beyond those being asked of you. If the officer asks where you were or what you’ve been doing, the best approach is to answer calmly and politely, and respond that you do not wish to answer any further questions without the presence of a lawyer.

Field Sobriety Tests

If you’ve been pulled over under suspicion of a drunk driving offense, the officer will likely ask you to submit to a field sobriety test. Only after you’ve completed the field sobriety test can the officer ask you to submit to a breathalyzer test. Some of the most common tests in Florida include:

• Alcohol/horizontal gaze nystagmus: In this test, the officer will hold a pen or flashlight about 12 inches from the driver’s face and will ask the driver to follow the pen or flashlight as he moves it from side to side. The purpose of this test is to determine whether the driver’s eyeball jerks noticeably when the driver is sufficiently intoxicated.

• Standing foot field test: In this test, the officer will ask the driver to stand on one foot, keep their hands at their side, and extend their other foot out in front of them. The driver may be asked to count while they’re performing this test, to add some additional complexity. If the driver is unable to do so, the officer may request a breathalyzer test.

• Walking heel-to-toe field test: The driver will be asked to walk 10 paces by putting their heel directly in front of their foot, and repeating with each foot until they’ve walked 10 paces and can turn around to complete the action again. If the driver is particularly wobbly and cannot complete the exercise, the officer will determine the driver may be under the influence.

As a driver, you do have the right to refuse a field sobriety test, though the officer likely won’t reveal that information to you. If you have, in fact, been drinking, you may want to consider refusing to complete a field sobriety test. Bear in mind that many officers today carry body cameras, so if you do submit to a field sobriety test, there will likely be incriminating photographic evidence. 

If you end up submitting to the field sobriety test and the officer finds you are likely intoxicated, they will proceed to arrest you and ask you to submit to a breathalyzer test. At this point, you do still have the right to refuse the breathalyzer in favor of waiting for the blood and urine test. This is often a recommended approach, as some time will pass before you will be able to take this test, giving the alcohol more time to be processed out of your system.

Remember, a finding of a blood alcohol level above 0.08% is considered to be proof that you were driving under the influence. If this evidence is presented in court, you will unequivocally be convicted of a DUI offense. If you’ve been found to be under the influence while driving, contact a Key West DUI lawyer today.