What to Say (and Not Say) After a Florida DUI Arrest

After a Florida DUI arrest, everyone keeps the right to remain silent and the right to ask for a lawyer. Statements made to officers, on recorded calls or online can become evidence, so understanding those rights matters more than any script.

Two rights that apply after an arrest

Two basic rights apply to anyone under arrest: the right to remain silent and the right to ask for a lawyer. They do not depend on the charge, and they exist whether or not an officer mentions them at a particular moment.

Exercising those rights is a normal part of the criminal process. People are allowed to decline to discuss the facts of their case with police and to ask to speak with a lawyer.

How statements turn into evidence in DUI cases

In DUI cases, statements often appear in police reports and on body camera or dashcam video. Comments about where someone had been, what they drank or when they last ate can end up quoted in a report and played in court.

Statements keep mattering after booking. Calls from jail may be recorded, and messages or social media posts about the arrest can be found and used. Describing the night to friends or family creates accounts that did not exist before.

Silence and the breath test are separate questions

The right to remain silent is not the same thing as a decision about the breath test. Under Florida's implied consent law, driving in Florida counts as agreement to a lawful breath test after a DUI arrest. A first refusal brings a one year suspension, a second brings 18 months and a misdemeanor charge, and a refusal can be used as evidence at trial.

This article does not suggest what anyone ought to do in that moment. The point is that silence and the breath test are governed by different rules, and the consequences of each depend on the facts.

Why speaking with a lawyer early matters

A lawyer can review what was said, when it was said and whether it was recorded. In some cases, the circumstances of a statement raise legal questions, and a motion to suppress can ask the court to exclude evidence that was obtained unlawfully.

Speaking with a lawyer soon after an arrest also helps with deadlines, such as the 10 day window to request a formal review hearing on the license suspension. DUI Lawyers Shield Firm offers a free case review for anyone who wants to talk through what happened.

Keep reading

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

FAQ

Calls from jail may be recorded, and recordings can become part of the evidence in a case. Details of the arrest discussed on those calls can therefore reach the prosecution. A lawyer is the person with whom the facts of the case can be discussed in confidence.

Posts, comments, photos and messages about an arrest or the evening before it can be found and may be offered as evidence, even if they seem harmless or are later deleted. This is one reason lawyers often discuss online activity with clients early in a case.

The timeline of the evening, what was eaten and drunk, any medications or medical conditions, what was said to officers, and every document received at release are all useful. Conversations with a lawyer about the case are generally confidential, which is what allows full detail to be shared.

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