If you never drink alcohol and drive a car, you can stop reading. Notice I did not say “drove drunk”, because there is a very big difference. Contrary to the billboards and commercials, it is NOT against the law to drink and then drive. If it were, you would never see a parking lot outside of Chillies, Marlins Stadium or your local bar. What is illegal is to drive “drunk”. To be more exact, it is against the law in Florida to drive, or be in physical control, of a motor vehicle while you are either under the influence of alcohol or drugs to the extent your normal faculties are impaired OR if your blood alcohol level is .08 or over.


In a perfect world, nobody would ever drive a car with any alcohol in their blood. I mean it. I do believe that any amount of drugs or alcohol can impair your driving abilities to some extent. Based on that theory though, anyone who drives with any alcohol, cannabis, Percocet, Tylenol, Xanax, coffee, Ambien or anti-depressants in their bloodstream would be guilty of drunk driving. These are ALL drugs and they ALL they all impair your normal faculties to some degree. But most people can agree that you should not be banned from driving while drinking coffee, taking aspirin or after taking one sip of beer. So, if you drive after one glass of wine or after taking your daily Xanax, what should you do?


Okay, so beyond never driving with drugs or alcohol in your system, what can you do to avoid getting arrested by an overzealous cop. First, use a designated driver if you can. Second, call a cab if you don’t have a designated driver. If you do drive, here are a few pointers:

▪ Make sure your lights are on (at night) and drive the speed limit.
▪ Make full stops at stop signs and use your turn signals.
▪ Make sure your tag is up to date and all of your lights are working properly.
▪ Do not swerve and make sure you stay in your lane. This is the #1 sign of impairment.
▪ Make sure there is no alcohol or drugs in the car.

If you are stopped by the police, here are some pointers:

▪ Chew gum to cover the smell of the alcohol and have the windows cracked so the car is properly vented.
▪ Have both of your hands at 10:10 on the steering wheel. This will put the cop at ease.
▪ When he asks you for your license, ask him if it’s okay to take off your seatbelt and get it from the glove compartment or your purse/wallet.
▪ When he asks you if you have been drinking, say NO. Do not admit to even a sip of beer or one pill.
▪ If he tells you that your eyes are red, have a very valid excuse ready. Contacts, allergies, crying, tired from working.
▪ If he says he smells alcohol, don’t agree with him. Tell him you do not smell anything. Don’t admit you just came from a bar.
▪ Always be polite and respectful. Do not argue.

Remember, you are being recorded and videotaped. He won’t tell you, but the cop has a microphone on his shirt and the dash board camera in his car is recording you. So make sure you look and sound sober.

If the cop smells booze and he has nothing better to do, he will ask you to get out of the car and do what are called Roadside Sobriety Tests. These tests can not be done perfect and it will only be used against you in court. Just ask for a lawyer and make sure you look good. Most likely you are going to be arrested for DUI and given a DUI ticket and taken to jail.

Before or after you get to jail, they will ask you to do a breath test. Only do this if you are sure you will not blow over a .08. If you are unsure, ask for a lawyer. Be polite and don’t argue, just tell him you are scared and would like a lawyer. You will spend a few hours in jail, but if you played your cards right, you might get off your DUI. Call an experienced traffic DUI Lawyer to help you. Do this immediately as a DUI traffic ticket is time sensitive.

Contact us today and get a free consultation for your traffic ticket

(561) 752-9288