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FAQs

At the Whited Law Firm, in Daytona Beach, Florida, we can provide answers to frequently asked questions and can answer any questions that you may have about your drunk driving arrest or the legal strategies we can use to defend you. To get started, contact us for a free initial consultation at no obligation, and take a look at our DUI FAQs.

When a police officer pulls me over and asks if I've been drinking, what should my answer be?

There is no one right answer for every situation. Florida law does not require you to answer potentially incriminating questions, so it is okay to politely refuse to answer. Ask to speak with a lawyer before answering the officer's questions. If you clearly request to speak with your lawyer, by law, police officers cannot question you further about the same subject until your lawyer is present.

The important thing to remember is not to lie to police officers. Your lies will only work against you, damaging your credibility if you go to court.

Do I have to participate in "field sobriety tests," like standing on one leg or following the pen with my eyes?

Police officers won't tell you this, but submitting to field sobriety tests is strictly voluntary. This is important to know because many studies have shown that tests do not accurately reflect whether you are intoxicated. Most field sobriety tests — like standing on one leg or touching your finger to your nose — are not things that you've probably practiced. It is normal not to be good at them, especially under pressure. Police officers often view failure of a field sobriety test as probable cause that you were drinking, often when this is not the case.

Do I have to take the breath test at the police station?

You do have the right to refuse to take a Breathalyzer test, but the consequences can be severe and it is likely that you will still be prosecuted for drunk driving. You can also face suspension of your driver's license for a long period — longer, in fact, than you would lose it for blowing with a small amount of alcohol on your breath. Evidence of your refusal can also be used against you in court.