What Should You Say (and Not Say) During a DUI Stop in Florida?

What You Say Matters More Than You Think

Getting pulled over by the police is always a stressful experience—but if the officer suspects you of driving under the influence, that stress level can spike in an instant. What many drivers don’t realize is that their own words can often do more damage than any test results. During a DUI stop in Florida, knowing what to say—and what not to say—could significantly affect the strength of any future case against you.

The officer may start with a few casual questions, asking where you're coming from or whether you've had anything to drink. These may seem innocent, but they are strategically designed to assess your behavior and gather incriminating evidence. The more you speak, the more likely you are to say something that could be used against you later in court.

Florida law gives you specific rights during a traffic stop. You are obligated to provide your driver’s license, vehicle registration, and proof of insurance. However, you are not required to answer questions beyond that—and in many cases, it’s wiser not to.

Common Mistakes Drivers Make at DUI Stops

One of the most common errors people make is admitting to drinking, even if it was “just one beer.” While this may seem like an honest or harmless statement, it immediately gives the officer probable cause to investigate further. Saying, “I had a drink with dinner,” or “I’m a little tired,” may seem like you’re downplaying things, but these words can and will be recorded, documented, and potentially used as evidence of impairment.

Another frequent misstep is trying to over-explain or talk your way out of the situation. When people are nervous, they often ramble or offer too much information. This may result in conflicting statements or expressions that can appear as signs of impairment. Even joking around, becoming argumentative, or expressing frustration can be interpreted as signs that you’re under the influence.

Attempting to lie to the officer is also a dangerous move. If your statements are contradicted by dash cam footage or breath test results, your credibility is instantly damaged. Instead, be polite, remain calm, and exercise your rights without fabricating information.

Your Legal Right to Remain Silent

You’ve probably heard the phrase “You have the right to remain silent,” but most people don’t fully appreciate how powerful that right is—especially during a DUI stop. After providing your license, registration, and insurance, you’re under no obligation to answer questions like “Have you been drinking?” or “Where are you going tonight?” In fact, you are legally allowed to say, “I prefer not to answer that question,” or “I would like to speak with an attorney before answering anything further.”

This doesn’t make you look guilty. It makes you smart. Law enforcement officers are trained to observe everything—your speech, eye movement, body language, and emotional state. The more you speak, the more opportunities they have to claim you're impaired. By limiting your responses, you are limiting the prosecution's evidence.

If the officer asks you to step out of the vehicle, you should comply. However, that does not mean you must engage in conversation or participate in field sobriety tests, which are voluntary. These roadside tests are highly subjective and often unreliable. Officers may claim you're swaying, unable to follow instructions, or showing other signs of intoxication, even when you’re not impaired. Declining these tests politely but firmly can be an important part of your defense.

What You Should—and Shouldn’t—Say

When speaking with law enforcement during a suspected DUI stop, it’s important to be respectful and cooperative without offering any extra information. Below are some examples of what you *can* say to protect yourself:

• “I am handing over my license and registration as requested.”
• “I’d prefer not to answer any questions without an attorney.”
• “Am I being detained, or am I free to leave?”
• “I do not wish to perform field sobriety tests.”

Conversely, avoid making any of the following statements:

• “I only had one drink.”
• “I’m fine to drive.”
• “I didn’t know I was speeding.”
• “I just want to get home.”

Every word you say is a potential piece of evidence. Officers wear body cams, and their dash cams often record audio as well. Even minor comments made in passing can become key evidence in a DUI prosecution. Keeping your answers minimal and neutral helps prevent further complications.

Protecting Your Rights and Your Future

If you are arrested during the stop, do not resist. Instead, remain silent and request legal representation immediately. Anything you say from that point forward, even offhand remarks made in the back of a squad car, can be introduced as evidence.

In Florida, DUI penalties can be severe, especially if your blood alcohol content (BAC) was high or if you have previous offenses. The consequences may include license suspension, hefty fines, mandatory DUI school, and even jail time. However, strong legal defenses are available—and the less you say during the stop, the more your attorney can work with later.