Getting pulled over by the police is rarely a pleasant experience, but there are some things you can do to make the experience less stressful. What you do and say can make a big difference during the traffic stop, and your actions and attitude can have a big effect on the outcome. Whether the stop ends in a warning, a citation or an arrest, what you do during the encounter matters. Below is an outline of what to do when you get pulled over.
When You Hear the Sirens and See the Flashing Lights
When you see the flashing lights and hear the blaring siren of the police car behind you, pull over immediately and safely come to a complete stop. Even if you know you've done nothing wrong. Pulling over doesn't mean you are admitting guilt but failing to do so could arouse suspicions. Pulling over lets the officer or officers know that you are alert and paying attention. And by pulling over right away, you can find out why the officer decided to stop you. This information could be useful later, should you need to talk to a lawyer about preparing a defense.
Pull over in a calm, predictable way. Follow all traffic rules, such as using your signal to show you are changing lanes, and slow down as soon as you can, but not so fast that the officer or other cars have to step on their brakes to avoid a collision. Make sure you pull over as far to the right as possible, so the officer won't be in danger of being hit by cars when coming to your window.
What to Do Once You've Pulled Over Safely
After you've pulled over safely, turn off your engine. Be courteous when interacting with the officer. It helps create goodwill, and you have nothing to lose and everything to gain if you are polite and cooperative.
Roll your window down all the way. If you are smoking, put out your cigarette, and discard any gum. Place your hands on the steering wheel so the officer can see them. If it is dark outside, turn on your interior dome light. These actions will let the officer know that you are harmless and willing to cooperate. Police officers have been killed pulling people over, and they often view approaching the vehicle as one of the most dangerous moments of their job.
Stay in the car until the officer asks you to get out. Don't start looking through your purse or back pocket for your wallet or license, or in your glove compartment for your registration or other paperwork unless and until the officer asks for them. The officer may mistake your movements as you looking for a weapon.
Can the Officer Search Your Car?
In most cases, when a police officer pulls you over for a traffic violation, they are not allowed to search your car. But there are some exceptions to the general rule.
Once you've been pulled over, an officer will be on the lookout for anything they deem to be a "furtive movement." For example, if the officer notices a lowering of one or both shoulders, they may infer that you are reaching for something under the seat.
And they are not looking only for furtive movements. They will look for anything suspicious or incriminating that is in plain view such as wine or beer bottles, joints, or roach clips. Often the discovery of one item in plain sight can lead to a thorough search of your car that may lead to the discovery of more incriminating or illegal items.
In the event that you are arrested, and your car is towed, the police will most likely perform an "inventory search," even if they do not think there is anything illegal in it.
Can a Police Officer Make You Get Out of the Car?
When you are pulled over for a traffic violation, the officer has the right to ask you and any passengers to exit the car. (Pennsylvania v. Mimms, 434 U.S. 106 (1977); Maryland v. Wilson, 519 U.S. 408 (1997).) Of course, you should get out of your car if you are instructed to do so by the officer. However, do not assume that you should get out of your vehicle, only do so if the officer asks you to do so. You should assume the officer is on high alert, ready to interpret any unexpected movements or failure to follow instructions as a threat or an attempt to leave the scene.
If the officer has any reason to think you might be dangerous, they have the right to conduct a fast "pat down" search of your outer clothing. (Arizona v. Johnson, 555 U.S. 323 (2009)) If the officer feels anything they think could be a weapon, they have the right to reach in and retrieve it. They can also seize any items during a proper frisk for weapons if they feel like they may be contraband.
In addition, if the officer reasonably believes that you are dangerous and might have a weapon hidden within reach, they may search areas within your car where a weapon could be hidden. (Michigan v. Long, 463 U.S. 1032 (1983).)
What about Cellphones?
If the officer asks to search your cellphone, you can decline. Police generally need a warrant to search the contents of a phone, even after an arrest (Riley v. California, 573 U.S. 373 (2014)).
Talking to the Officer
Treating officers with hostility has led to many issues for individuals in the past, as has being too talkative. A good general rule is to let the officer do most of the talking and to respond where appropriate. For instance, when the officer asks for your driver's license, proof of insurance, and registration, politely hand them over.
In some instances, once a police officer pulls you over, they've already made up their minds to give you a ticket. Even if you think this is the case, be respectful and polite. Rudeness may make an officer more determined to give you a ticket while being polite might get you off with a warning. Also, an officer may lead you to think they will be more lenient so that they can get more information from you or even an admission of guilt. So, remember to say just the bare minimum. Keep your answers short but polite.
It can be hard to know exactly what to say when talking to an officer who has pulled you over. One thing you shouldn't do is argue. And, you don't have to divulge anything, you have the right to remain silent. Joking, sarcasm, or arguing are all things you should avoid when talking to the officer.
What If You Are Armed?
If you are carrying a gun, let the officer know. Under Fla. Stat. s. 790.01(1), a person may carry a concealed firearm either with a license issued by the Florida Department of Agriculture and Consumer Services under s. 790.06 or, without a license, if they otherwise meet the criteria for one. Open carry is also lawful now. The open carry ban at s. 790.053 is still printed in the statutes, but the First District Court of Appeal held it unconstitutional in McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA Sept. 10, 2025), and the Attorney General issued a statewide guidance memorandum directing agencies not to enforce it. There is no duty to inform the officer you have a firearm in your vehicle unless the officer specifically asks you.
Avoid the phrase "I have a gun," chances are all the officer will hear is "gun." The word is a trigger word for police officers. Pick your words carefully. "I have a license to carry" is a good option. Once you notify the officer that you are a legal gun owner, they will do one of three things:
- Let you keep it
- Remove it
- Ask you to hand it to them
If the officer lets you keep your gun, or returns it to you, be very careful and point it in a safe direction. Avoid the trigger area. Leave the gun in the same condition the officer hands it back to you in. For example, if it is a revolver and it is returned with the cylinder out, leave it that way. Immediately put it in a safe place.
What to Do When Pulled over for DUI
If you get pulled over for drunk driving or DUI, you should follow the basic rules outlined above, such as safely pull over as soon as you can, keep your hands on the wheel, and turn on the dome light if it is dark outside. The officer will probably be looking for open bottles and paraphernalia. They will also be on the lookout for indications of intoxication by assessing your body movements and speech. Stay where you are and wait for the officer to approach you.
Follow their instructions to the letter and get out of your car if the officer asks you to do so. Remain polite, do not engage in small talk, and do not argue. Remember that everything you do is on video.
Field sobriety exercises are voluntary in Florida. The implied consent law covers breath, blood and urine tests, not roadside exercises, so declining the exercises cannot by itself suspend your driver's license. However, the officer can arrest you if they have cause to think you are intoxicated such as they smell alcohol, you have bloodshot eyes, and swaying when you walk. In addition, the officer may submit your refusal as evidence, and the jury or judge may become convinced you were hiding something.
The officer may ask you to take a breath test. Under Fla. Stat. s. 316.1932(1)(a)1.a., operating a vehicle in Florida is treated as consent to an approved test of your breath for alcohol, and s. 316.1932(1)(a)1.b. does the same for a urine test for chemical or controlled substances. Both apply only where the test is incidental to a lawful arrest for driving under the influence, so implied consent does not reach a roadside portable device.
You can refuse, but a refusal is now a crime as well as a license problem. Under Fla. Stat. s. 316.1939, as amended by ch. 2025-121, refusing a lawful test of your breath or urine is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500, and a first-degree misdemeanor if your driving privilege was previously suspended for a refusal or you were previously fined under s. 327.35215. The license suspension is separate and unchanged: one year for a first refusal and 18 months for a subsequent one. The refusal is also admissible against you in the criminal case.
Talking to a Lawyer
Florida does not give you a right to consult a lawyer before deciding whether to take the chemical test. The right to have counsel present during police questioning is a Fifth Amendment right under Miranda v. Arizona, 384 U.S. 436 (1966), and it attaches once you are in custody and being interrogated. Roadside questioning during an ordinary traffic stop is generally not custody, so Miranda does not apply to it (Berkemer v. McCarty, 468 U.S. 420 (1984)). Your right to stay silent applies throughout either way, and once you clearly ask for a lawyer during custodial questioning, officers must stop until counsel is present (Edwards v. Arizona, 451 U.S. 477 (1981)). An experienced criminal defense attorney in Florida can guide you through questioning and help you build your defense case if you are arrested.
If you or a loved one have been pulled over and charged with a traffic violation or DUI, don't wait, contact Weinstein Legal Team today. Our attorneys handle traffic and DUI cases across South Florida and can review the stop with you.
