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If you are pulled over on suspicion of drunk driving in Florida, you can expect to undergo a specific series of events.

Initially, if an officer believes you are driving under the influence (DUI), you will be required to take a field sobriety test, which may include speech, balance or mental acuity tests. If you fail any of these, you may be asked to take a breath test, which measures the percentage of alcohol in your blood as indicated by your breath. Officers may also require a blood or urine test.

Before refusing a blood or urine test, consider the following:

  • Florida has “implied consent” laws, which means that as a driver, you automatically consent to participate in sobriety tests when required by law enforcement personnel.
  • Refusal to consent to sobriety testing may constitute a misdemeanor. If you are convicted, this can result in significant penalties, including up to a full year in jail.
  • If you are involved in an accident that causes another person severe injury or death, police have the right to physically restrain you in order to procure a blood sample.

After you’ve been arrested, your vehicle is impounded and you are held until you are no longer intoxicated. In some instances, law enforcement officials may hold you for up to eight hours. 

Simply being arrested does not mean that you should be willing to accept any charges brought against you. There are numerous circumstances under which you could reduce or eliminate such charges. For example, breath test machines often have calibration errors that result in false positive results.

One of the first steps to take following a drunk driving arrest is to secure legal representation. A skilled Orlando DUI defense attorney helps protect your rights and gives you the best chance at a positive outcome. 

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  • Orlando Office
    836 North Highland Avenue
    Orlando, Florida 32803-3941
    Phone: 407-648-1500
    Fax: 407-648-2027

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