What to Do If You’re Pulled Over for DUI in Fort Myers: Know Your Rights

You see flashing lights in your rearview mirror. You’re being pulled over—and the officer suspects you’ve been drinking. At that moment, it’s natural to feel anxious or uncertain about what comes next. The choices you make during those few minutes matter. Even a brief traffic stop can quickly escalate into serious legal trouble. Understanding your rights under Florida law can help you stay calm, protect yourself, and avoid costly mistakes. Here’s what you need to know if you’re ever stopped for suspected DUI in Fort Myers.

What Is a DUI Under Florida Law?

In Florida, you can be charged with DUI (driving under the influence) if:

• You were operating or had actual physical control of a motor vehicle (even if parked, as long as you’re in the driver’s seat).
• You were under the influence of alcohol, controlled substances, or a combination of both.
• Your normal faculties—such as the ability to see, hear, talk, walk, make decisions, or perform basic mental and physical tasks—were impaired.

Florida also sets a legal limit: if your blood alcohol concentration (BAC) or breath alcohol concentration (BrAC) is 0.08% or higher, you can be charged with DUI regardless of whether you show obvious signs of impairment.

 When Can Police Pull You Over?

Florida law doesn’t allow police officers to stop drivers arbitrarily. They must have reasonable suspicion that you’ve committed a traffic violation or may be impaired behind the wheel. Reasonable suspicion might come from:

• Speeding or aggressive driving
• Swerving or failing to stay in your lane
• Forgetting to turn on your headlights
• Physical signs of intoxication (slurred speech, bloodshot eyes, etc.)

They don’t need absolute proof of impairment—just specific facts suggesting something’s wrong.

Do You Have to Answer the Officer’s Questions?

No. You are legally required to provide:

Your driver’s license
Your vehicle registration
Proof of insurance

But beyond that, you have the right to remain silent. You’re not required to explain where you’ve been, whether you’ve been drinking, or anything else. Politely declining to answer further questions is within your rights.

Do You Have to Take Field Sobriety Tests?

No. Under Florida law, field sobriety exercises—like the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test—are voluntary. However, refusing these tests doesn’t guarantee you won’t be arrested. An officer can still establish probable cause based on your driving, behavior, physical appearance, or other observations. Keep in mind: refusing field sobriety tests can be used as evidence against you in court.

What Happens If You Refuse a Breath Test?

Florida’s implied consent law means that by driving, you’ve already agreed to submit to a chemical breath, blood, or urine test if lawfully arrested for DUI.

If you refuse:

Your driver’s license will be automatically suspended (typically for one year for a first refusal).
Your refusal can be used as evidence in court.

Refusing the test doesn’t prevent the state from pursuing DUI charges—it just adds legal complications.

How to Protect Yourself During a DUI Stop

The best way to protect yourself is to:

Stay calm and polite
Provide your license, registration, and insurance when asked
Exercise your right to remain silent beyond these basic requirements
Politely decline field sobriety tests if you choose not to perform them
Ask to speak with an attorney before answering any further questions

Remember: less is more. Avoid volunteering information or trying to “talk your way out of it.”

What’s at Stake in a Florida DUI?

A DUI conviction in Florida can carry serious consequences:

• Fines
• License suspension
• Mandatory DUI school
• Probation
• Possible jail time
• Installation of an ignition interlock device

The penalties increase with prior offenses or if certain aggravating factors are present (such as a high BAC or an accident).

Facing DUI Charges in Fort Myers? We’re Here to Help.

A DUI stop can feel overwhelming—but you don’t have to face the legal system alone. The decisions you make at the traffic stop and after an arrest can have a lasting impact. If you or a loved one has been charged with DUI in Fort Myers or anywhere in Southwest Florida, contact the Law Firm of Lee Viacava today. We’ll fight to protect your rights, challenge the evidence, and work toward the best possible outcome.

 Call us now at 239-672-8934 for a free consultation.