Super Bowl DUI: Know Your Rights Before Kickoff
Super Bowl Sunday ranks among the top DUI enforcement nights of the year, second only to New Year's Eve. Law enforcement agencies across Florida deploy extra officers, run saturation patrols, and set up DUI checkpoints. If you're heading to a watch party, know your rights before you need them.
Super Bowl LX: February 8, 2026. If you're reading this, you have time to plan ahead.
Before the Party: Plan Ahead
The best DUI defense is not needing one. Before you leave for the party:
- Designate a sober driver - The classic solution still works
- Book a rideshare in advance - Uber and Lyft surge pricing hits hard after the game; schedule your ride early
- Know your route home - Avoid known checkpoint locations if you've been drinking at all
- Save this number: 407-500-7000 - If you do get arrested, you'll want an attorney's number in your phone
Your Rights During a Traffic Stop
If you're pulled over after the game, remember these rights:
What You MUST Do
- Stop when signaled - Fleeing is a separate crime
- Provide license, registration, and insurance - You're required to identify yourself
- Exit the vehicle if asked - Officers can order you out for safety reasons
What You MAY Decline
- Answer questions about drinking - "Have you been drinking tonight?" You can politely decline: "I'd prefer not to answer questions."
- Field Sobriety Exercises (FSEs) - The walk-and-turn, one-leg stand, and eye test are VOLUNTARY. You can refuse.
- Portable Breath Test (PBT) - The roadside breathalyzer before arrest is voluntary and inadmissible in court anyway.
Important Distinction
The portable breath test (PBT) at the roadside is different from the evidential breath test at the station (Intoxilyzer 8000). The PBT is voluntary. The station breath test falls under implied consent - refusing it has license consequences.
Field Sobriety Exercises: What You Should Know
Officers typically request three standardized FSEs:
HGN (Eye Test)
Horizontal Gaze Nystagmus - officer watches your eyes follow a stimulus. Looking for involuntary jerking.
Walk and Turn
Nine heel-to-toe steps down a line, turn, nine steps back. Officer watches for balance, counting, stepping off line.
One Leg Stand
Stand on one foot, other foot 6 inches off ground, count to 30. Officer watches for swaying, hopping, putting foot down.
Key points about FSEs:
- They are voluntary - Officers rarely tell you this
- Performance is subjective - The officer decides if you "passed"
- Everything is on body camera - Which can help or hurt you
- Sober people fail - Nerves, medical conditions, poor footwear, uneven pavement all affect performance
Implied Consent: The Breath Test Dilemma
Under Florida Statute § 316.1932, by driving in Florida, you've already "consented" to submit to breath, blood, or urine testing if lawfully arrested for DUI.
| If You... | Consequence |
|---|---|
| Submit to breath test | Result can be used as evidence against you. No automatic license suspension for taking the test. |
| Refuse breath test (1st refusal) | Automatic 1-year license suspension. Refusal can be mentioned at trial. |
| Refuse breath test (2nd+ refusal) | 18-month suspension AND separate misdemeanor charge for refusal. |
There's no universally "right" answer. It depends on your situation. But know this: refusing doesn't mean you won't be charged - officers can still arrest for DUI based on their observations.
If You're Arrested
If the worst happens:
- Stay calm. Resisting or arguing makes everything worse.
- Don't volunteer information. "I only had two beers" is an admission.
- Remember: everything is recorded. Body cam and jail calls.
- Contact an attorney immediately. You have 10 days to request a hearing to challenge the license suspension.
- Don't discuss the case in jail. Those phone calls are recorded.
The Bottom Line
Super Bowl Sunday is a night for celebration - but it's also a night when law enforcement is out in force. The best strategy is simple: don't drive if you've been drinking. But if you find yourself pulled over, knowing your rights can make a significant difference in how your case unfolds.
Save this number now: 407-500-7000. We hope you won't need it. But if you do, we're here.
Arrested After the Big Game?
DUI charges are serious, but they're not unbeatable. You have only 10 days to request a DMV hearing to protect your license. Call now for a free consultation.
Sources
Related Articles
DUI Checkpoint Rights in Florida
What you can and can't do at a sobriety checkpoint.
BlogFlorida's DUI Refusal Law Explained
What happens when you refuse the breath test.
Need Legal Help?
If you're facing criminal charges in Central Florida, an experienced defense attorney can make the difference. Get a free consultation to discuss your case.
Contact Lotter Law at 407-500-7000 for a free consultation.
Jeff Lotter
Criminal Defense Attorney | Former State Trooper
Jeff Lotter is an Orlando criminal defense attorney and former Florida Highway Patrol trooper. He uses his law enforcement background to build stronger defenses for clients facing criminal charges.