Getting pulled over is never a pleasant experience—especially if you’re worried about a possible DUI. At Murphy & Downs Law Offices, we’ve worked with countless individuals in your situation and understand how overwhelming it can be. Knowing your rights and taking the proper steps during a traffic stop can have a major impact on the outcome of your case.
If you’re in Melbourne, FL, and facing DUI charges, a consultation with a Melbourne DUI attorney can help you navigate your next move with confidence.
Understanding Florida DUI Laws
Under Florida Statute § 316.193, it is illegal to operate a vehicle if you’re under the influence of alcohol, drugs, or any substance that impairs your ability to drive safely. You can be charged with DUI even if your blood alcohol concentration (BAC) is under 0.08%, as long as the officer believes your normal faculties are impaired.
What Happens When You’re Pulled Over?
During a DUI stop, officers are looking for signs of impairment, such as:
- Swerving or erratic driving
- Slurred speech or bloodshot eyes
- Odor of alcohol
- Difficulty responding to questions
You are required to provide your license, registration, and insurance upon request. Beyond that, you have the right to remain silent. You do not need to answer questions like “Where were you tonight?” or “How much have you had to drink?”
Are You Required to Take Field Sobriety Tests?
No. In Florida, field sobriety tests are voluntary. You may decline these tests without facing automatic penalties. These assessments—including the walk-and-turn or one-leg stand—are highly subjective and can be affected by medical conditions, stress, poor footing, or fatigue. Refusing a field sobriety test may prevent the officer from gathering additional evidence against you.
A Melbourne DUI attorney can help you challenge the validity and conditions under which these tests were given.
Chemical Tests and Florida’s Implied Consent Law
While field sobriety tests are optional, chemical tests are not. Under Florida’s Implied Consent Law (§ 316.1932), if you’re arrested for DUI, you are required to submit to a breath, blood, or urine test. Refusing this test comes with consequences, including:
- A 12-month license suspension for first-time refusal
- An 18-month suspension and misdemeanor charge for repeat refusals
Even if you refuse, the officer may still arrest you based on observed behavior or physical signs of impairment.
Common DUI Defenses in Florida
When you work with Murphy & Downs Law Offices, we look for every possible angle to defend your case. Potential defenses include:
- Illegal traffic stop – If the officer lacked reasonable suspicion, we may be able to argue that the stop itself was unlawful.
- No probable cause for arrest – Officers must have a legal basis to arrest you. If their observations were weak or biased, we can push back.
- Unreliable field sobriety tests – These tests are not foolproof. We evaluate whether the conditions and administration were fair.
- Breathalyzer inaccuracies – Calibration issues, operator error, or health conditions can throw off test results.
- Medical explanations – Illnesses or prescribed medications can mimic signs of impairment.
Real-World Example
We once represented a client in Melbourne who had a BAC of 0.04 yet was arrested for DUI based on the officer’s interpretation of their behavior. After reviewing the bodycam footage and identifying improper testing methods, we successfully had the case dismissed.
This underscores how vital it is to have an experienced Melbourne DUI attorney review every detail of your stop and arrest.
What to Do at a DUI Stop
- Stay calm and provide required documents.
- Don’t answer questions about your alcohol or drug use.
- Politely decline field sobriety tests.
- Know the consequences of refusing a chemical test.
- Call a DUI attorney as soon as possible.
Why Choose Murphy & Downs Law Offices
As a local firm based in Melbourne, FL, we understand the complexities of Florida DUI law and how local courts handle these cases. We’re committed to giving each case the attention it deserves—looking beyond surface-level evidence to protect your rights.
If you’re facing DUI charges, don’t wait. Call Murphy & Downs Law Offices and speak with a Melbourne DUI attorney who can guide you through the next steps with clarity and focus.