First of all, remain calm. Pull over and park your car immediately. Keep your hands visible, turn off your radio, turn on the interior light, and get your license and registration ready (you are required to provide this to the officer). Do not get out of your car unless instructed by the officer, as doing so gives the officer a reason to become defensive, as he has no idea, for instance, if you are in possession of a weapon.
At this time, it would be a great idea to mind your P's and Q's. Starting with a little respect and courtesy. Don't argue, don't berate the officer for pulling you over. Nine times out of ten, it's better to say little to nothing.
The officer now asks the dreaded question: Have you been drinking tonight? You do not have to answer this. It is fully within your rights to plead the Fifth Amendment so as not to incriminate yourself. This refusal to speak cannot be held against you as evidence in court.
On the flip side, being honest isn't always the best policy. Not that we would recommend that you think in your head, No Officer I haven't been drinking fruitpunch in the last 12 hours, while you answer no. It's just best that for the most part you answer as little as possible.
If the officer asks you to step out of the car to perform a field sobriety test- follow a penlight with your eyes, stand on one leg, recite the alphabet backwards, etc.- you can legally refuse to do so. Such subjective tests are not standardized or reliable indicators of inebriation; in addition, most law enforcement personnel (especially the ones most likely to be pulling you over) are usually not fully or properly trained to administer these anecdotal tests.
These sobriety tests are not to be confused with chemical tests- blood, urine, or breath tests, which chemically measure the amount of alcohol in a person's system. Florida, along with every other state except Nevada, has an Implied Consent Law. This law states that upon receiving a valid Driver's License you have given consent to taking one of these tests if suspected of DUI; and upon refusal, your license will be suspended. Therefore, it is in your best interest to agree to a chemical test. If the test finds your BAC (blood or breath alcohol content) above the legal limit of 0.08% you will be convicted of DUI.
If the test turns out positive, it is still worth it to remain calm and courteous. As long as you cooperate you are in a much better position to be given some leniency. Becoming hostile or arguing are pretty much a guarantee that you'll be charged to the full extent. If you consult with an experienced attorney to represent you, you have the greatest chances to come out of this experience with as little harm as possible.
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