Getting pulled over is stressful in any situation, but if an officer suspects you of driving under the influence (DUI) in Alachua County, the pressure can escalate quickly. Whether you’ve had a drink or not, how you handle the stop can significantly affect the outcome of your case.

If you find yourself in this situation, here’s a step-by-step guide on what to do, what not to do, and what to expect, especially when it comes to sobriety tests and your legal rights in Florida.

Step 1: Pull Over Safely and Calmly

As soon as you see flashing lights behind you, find a safe place to pull over. Use your turn signal, stay calm, and come to a complete stop. Rolling down your window, turning off the engine, and placing your hands on the steering wheel can help signal cooperation and reduce tension.

What NOT to do: Don’t speed up, swerve, or stop abruptly. Avoid fumbling for your documents before the officer approaches.

Step 2: Stay Respectful and Provide Basic Information

When the officer approaches, be polite and cooperative. You are legally required to provide your:

• Driver’s license
• Vehicle registration
• Proof of insurance

Answer basic questions like providing your name. However, you are not required to answer potentially incriminating questions, such as whether you’ve been drinking.

What NOT to do: Don’t lie, argue, or offer extra details.

Step 3: Understand Field Sobriety Tests (FSTs)

If the officer suspects impairment, they may ask you to step out of the car and perform field sobriety tests (FSTs). These are physical tasks designed to evaluate coordination, balance, and cognitive function. Common tests include:

• Walk and Turn (walk a straight line and turn)
• One-Leg Stand
• Horizontal Gaze Nystagmus (following a moving object with your eyes)

Important: You are not legally required to take field sobriety tests in Florida. These tests are subjective and often used to build probable cause for an arrest, not to clear your name. Often, officers do not clearly explain these tests. In addition, if you are not a good auditory learner, it may be difficult for you to process how to do the tests simply by being verbally told the instructions. You may politely decline but understand that the officer could use your refusal to do these to determine whether or not to arrest. 

What NOT to do: Don’t argue with the officer, but don’t assume these tests are in your favor either. If you’re unsure, it’s okay to say, “I’d prefer not to take any field tests.”

Step 4: Chemical Testing—Breath, Blood, or Urine

Florida has an implied consent law, which means if you’re lawfully arrested for DUI, you must submit to a chemical test (usually a breath test, but sometimes urine or blood).

• Refusing a breath test after arrest carries serious penalties, including:
• Automatic license suspension (1 year for first refusal, 18 months for second)
• Refusal can be used against you in court as consciousness of guilt
• A second refusal in Florida is a criminal offense that could earn you a jail sentence

What NOT to do: Don’t assume refusal will keep you out of trouble. Weigh your options carefully and consider the long-term consequences.

Step 5: If You’re Arrested

If the officer believes there’s probable cause, you may be arrested for DUI. This can happen even if your BAC is under 0.08% if you appear impaired.

At this point, say as little as possible and ask for an attorney immediately. Anything you say from this point forward can be used against you.

You have the right to:

• Remain silent
• Contact a lawyer
• Refuse to answer questions until your lawyer is present

What NOT to do: Don’t resist arrest or argue. It won’t help and could result in additional charges.

Step 6: Call a Criminal Defense Attorney

If you’re charged with DUI in Alachua County, time is critical. A skilled defense lawyer can help you:

• Challenge the legality of the traffic stop
• Dispute field sobriety or breath test results
• Advocate for license reinstatement
• Negotiate to reduce charges or penalties

Florida’s DUI penalties can be steep, even for a first offense, including fines, license suspension, community service, probation, and jail time. A strong defense can make a big difference in your future.

Final Thoughts: Know Your Rights, Protect Your Future

Being pulled over for DUI in Gainesville, Alachua County, or anywhere in Florida is serious, but it doesn’t automatically mean conviction. The steps you take during and after the stop can shape your legal options and your long-term record.

If you’re facing a DUI charge, don’t go it alone. An experienced criminal defense attorney can review your case, explain your rights, and fight for the best possible outcome.

Call Glassman and Zissimopulos and our team of dedicated attorneys today. (352) 505-4515 or Toll-Free at (844) 787-2543. When you call, you will be able to speak with a lawyer. This is our commitment to you.