1. During the Stop: Your Immediate Rights

When you see those blue lights in your rearview mirror, remain calm. How you handle the first 60 seconds of a stop often determines the legal outcome.

• The Right to Remain Silent: You have a 5th Amendment right to remain silent. You must provide your driver’s license, registration, and proof of insurance, but you do not have to answer questions like "Where are you coming from?" or "Have you been drinking?"

• The Exit Order: Under Florida law, if an officer orders you to exit the vehicle, you must comply. Refusing to exit can lead to a charge of "Resisting an Officer Without Violence."



• Keep Hands Visible: For your safety and to prevent escalation, keep your hands on the steering wheel until the officer asks for your documents.

2. DUI & The New "Trenton’s Law" (Effective Oct 2025)

Florida’s DUI laws saw massive changes in late 2025. You must be aware of the new consequences for refusing a breathalyzer or urine test.

⚠️ CRITICAL UPDATE: As of October 1, 2025, under Trenton’s Law (HB 687), a first-time refusal to submit to a lawful breath or urine test is now a criminal offense (Second-Degree Misdemeanor). Previously, this was only a civil license suspension.

• Criminal Record: A refusal now carries the risk of jail time (up to 60 days) and a permanent criminal record, in addition to the automatic one-year license suspension.

• Officer Warning: Officers are now required to warn you that refusal is a crime before administering the test.

3. Search and Seizure: When Can They Search?

The 4th Amendment protects you from "unreasonable searches and seizures."

• Say "I Do Not Consent": If an officer asks to search your car, you should clearly state: "I do not consent to a search." Consent is often how police find evidence they wouldn't otherwise be legally allowed to see.

• Probable Cause: Without your consent, police generally need "probable cause" (e.g., the smell of marijuana or illegal items in plain view) to search your vehicle without a warrant.

• The "Free Air Sniff": Police can use a K-9 to sniff the exterior of your car during a valid traffic stop, but they cannot extend the length of the stop just to wait for a dog to arrive.
  

4. Firearms & The 2025 "Open Carry" Ruling

Florida’s gun laws are currently in a state of flux. Following the September 2025 appellate ruling regarding open carry:

• Vehicle Carry: You may carry a firearm in your vehicle. If you do not have a concealed weapons permit, the firearm must be "securely encased" (e.g., in a glove box, holster with a snap, or zipped bag) and not "readily accessible."

• Duty to Inform: In Florida, you are not legally required to volunteer that you have a firearm unless the officer asks. However, if you need to reach into a compartment where a firearm is stored (like the glove box) to get your registration, you should inform the officer first.

5. Recording & The "25-Foot Rule" (SB 184)

As of January 1, 2025, Florida law (SB 184) impacts how bystanders can observe police activity.

• Stay Back: It is a crime to approach within 25 feet of a law enforcement officer who is engaged in an investigation or arrest if you have been warned to stay back.



• Right to Record: You still have a first amendment right to record police in public, provided you do not interfere with their duties or violate the 25-foot safety zone.