Blue lights in the rearview mirror change how most people think. Hands shake, heart rate spikes, and the instinct to explain, apologize, or over-answer kicks in fast. That instinct is exactly what tends to make a DUI stop worse than it needs to be, and it’s often what turns a routine stop into the start of a case that follows you for years.
What happens next depends less on whether you had a drink earlier and more on how the stop is handled, by the officer and by you. Some of what happens is mandatory under Florida law, including what happens if you refuse a breath test after an arrest. Some of it is optional, even when it doesn’t feel that way in the moment. Knowing the difference matters.
Staying Calm Isn’t Just Good Advice, It Changes the Outcome
Officers are trained to look for signs of impairment in everything: how you talk, how you move, how you respond to instructions. Sudden movements, arguing, or appearing agitated can all be read as additional evidence, regardless of whether alcohol is actually involved.
Keep your hands on the wheel until the officer asks for license and registration. Move slowly and predictably once they do. This isn’t about being passive. It’s about not giving an officer anything to point to that wasn’t already there.
Field Sobriety Tests Are Optional. Chemical Tests Aren’t.
This is where most people get confused, and where officers rarely volunteer the distinction.
Field sobriety tests, the walk-and-turn, the one-leg stand, following a pen with your eyes, are voluntary under Florida law. You can decline them. Refusing doesn’t come with an automatic penalty the way refusing a chemical test does. That said, refusing can still factor into an officer’s decision to arrest, and prosecutors sometimes argue that refusal suggests guilt, so it’s a decision worth understanding rather than a guaranteed way out.
Chemical tests, breath, blood, or urine, are different. Under Florida Statute § 316.1932, Florida’s implied consent law, accepting a Florida driver’s license means you’ve already agreed to submit to chemical testing if lawfully arrested for DUI. Refusing after arrest triggers an automatic license suspension, one year for a first refusal, 18 months for a second. As of October 1, 2025, Florida’s Trenton’s Law also expanded refusal consequences further, adding criminal exposure in some circumstances on top of the administrative penalty.
In short: you can say no to the roadside exercises. You generally can’t say no to the test after arrest, not without real consequences.
Answer What’s Required. Don’t Fill the Silence.
Officers will ask for your license, registration, and proof of insurance. Provide those. Beyond that, there’s no obligation to explain where you were, what you drank, or how many. Volunteering that information rarely helps and can become the centerpiece of the case against you.
It doesn’t need to feel confrontational to say less. Politely providing your documents while declining to answer questions about your evening is a normal, lawful response, not an admission of anything.
Why the Charge Doesn’t End at the Roadside
A DUI charge becomes part of your record the moment it’s filed, and a conviction follows you well beyond that, affecting employment, licensing, and more. What happens in the days after the stop often shapes the defense far more than the stop itself.
Frequently Asked Questions
1. Do I have to do field sobriety tests if an officer asks?
No. Field sobriety tests are voluntary in Florida. Refusing them doesn’t trigger an automatic penalty, though it may still factor into whether you’re arrested.
2. What happens if I refuse a breath test after being arrested?
Refusal after a lawful arrest triggers an automatic license suspension under Florida’s implied consent law, and as of Trenton’s Law in October 2025, it can carry criminal consequences as well.
3. Can I be arrested even if I pass the field sobriety tests?
Yes. An officer can rely on other observations, driving pattern, speech, appearance, to establish probable cause for an arrest regardless of test performance.
4. Should I answer questions about where I was or what I had to drink?
You’re required to provide license, registration, and insurance. Beyond that, you’re not obligated to answer questions that could be used against you later.
Tell Us About Your Case. We Can Help.
The decisions made during a DUI stop, and in the hours immediately after, can shape the entire case. The team at Mayersohn Law Group defend DUI charges throughout Fort Lauderdale and South Florida.
Get in touch today. We can help. Call 24/7: 954-765-1900
