When you find yourself pulled over for suspicion of driving under the influence in Florida, it is important to know your rights. Even if you are unaware of your rights, though, law enforcement still have a responsibility to treat you in accordance with those rights.
This raises the question of what happens if the officer misinforms you about those rights during a DUI stop.
Understanding your rights
At a DUI stop in Florida, you have specific rights granted by the law. These rights include the right to remain silent and the right to refuse field sobriety tests or a breath test. However, Florida’s implied consent law imposes consequences if you choose to invoke your right to refuse a breath test. If an officer misinforms you about those rights and consequences, you cannot make a fully informed decision in the moment.
Instances of misinformation
An officer might falsely claim that refusing a breath test will automatically result in a suspended license. While there are consequences for refusal in Florida, such as license suspension, it is not necessarily an automatic penalty.
Protecting your rights
If you suspect that an officer has provided inaccurate information about your rights during a DUI stop, it is still important to remain calm and cooperative. Politely inform the officer that you are aware of your rights and that you choose to exercise them.
Document the incident
After the encounter, make detailed notes about what happened. Make notes of the date, time, location, and the officer’s name and badge number if possible. If there were witnesses present, try to obtain their contact information as well.
Being informed about your rights is important, especially in high-stress situations like DUI stops. If you suspect that an officer has provided misinformation about your rights, you have options for protecting yourself and your freedoms.