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What Are My Rights When Arrested for Drunk Driving in Florida?


A DUI is a serious offense, which is why it’s important to be prepared when you’re pulled over. You want to protect yourself and your future, but that can be tough when you’re not sure what your rights are. 

Learning your rights can help you do more than avoid self-incrimination. Protecting your rights during and after any arrest is vital to your legal defense, so knowing what to expect is important. 

If you’ve been arrested for DUI in Florida, reach out to Hersem Law as soon as possible. For more information on your rights when you’ve been arrested for DUI, read on.

Probable Cause

Consider whether the police officer had a right to pull you over, investigate you, and place you under formal arrest. Police officers must have probable cause to arrest you, which means they had a valid reason to stop you and, based on your interactions, they now have well-founded  reason to suspect that you were drinking and driving

Some reasons for the stop of a vehicle may be swerving, speeding, or sudden lane changes without using your signal. While these mistakes can simply be driving mistakes, you could also be pulled over on suspicion of drinking. Your attorney from Hersem Law can help you determine whether the officer truly had enough to pull you over and if there was probable cause for your arrest. 

Miranda Rights

If the police choose to arrest you, it’s important to remain respectful. However, that doesn’t mean telling the police everything. In any event, you should have your Miranda rights read to you upon your arrest. These state, in part, that you do not have to speak or answer questions that would incriminate you. 

Because of this, you don’t have to answer the police officer’s questions about what you’ve been drinking, how much you drank, or anything else about your day or night. The officer who pulled you over may try to get you to talk. Typically, however, you’ll want to avoid saying anything until an attorney is present. 

Protect Your Rights with a Tampa DUI Attorney

If you’ve been pulled over for drinking and driving, you might be concerned about your legal case, but what about your rights?

At Hersem Law, we understand how easy it can be to accidentally overlook a violation of your rights, say something incriminating, or make your situation worse for yourself. That’s why we offer free strategy sessions. We can talk about your case and your rights when you’ve been arrested for drunk driving. 

When you’re ready, give us a call at 813-251-7291 or fill out the online contact form at the bottom of this page.