Don’t Talk Your Way Into a DUI Arrest.

If you’ve been pulled over for suspicion of DUI in Florida, what you say can and will be used against you—sometimes in ways you wouldn’t expect. A recent ruling in Castillo v. State,  just made that crystal clear.

In this DUI case, the arresting officer never actually saw the defendant behind the wheel. But the defendant told a different officer that he had driven several miles before parking. That simple admission—without any physical evidence of driving—was enough for the court to uphold the DUI arrest under Florida’s “fellow officer rule.”

What Is the Fellow Officer Rule in Florida DUI Law?

Under Florida law, police can only make a warrantless misdemeanor DUI arrest under three very specific conditions:

1. The officer personally observes all elements of DUI,
2. The arrest follows a crash investigation, or
3. Officers combine their observations to form probable cause (the “fellow officer rule”).

In Castillo, the court held that the defendant’s own words—his statement that he had been driving—gave the responding officers all they needed. His admission filled the gap and satisfied the third condition. No one saw him driving, but he talked himself into being arrested.

Why This Matters: Know Your Rights in a Florida DUI Stop

This case is a clear reminder of why it’s so important to exercise your right to remain silent. In DUI cases—especially those without direct evidence like field sobriety tests or eyewitnesses—what you say can be the difference between freedom and a conviction.

If you’re stopped for DUI:

• Don’t answer questions beyond identifying yourself.
• Don’t admit to drinking or driving.
• Immediately request a lawyer.

Talking to police without legal representation can turn a borderline case into one that sticks.

Charged with DUI in Florida? Get an Experienced Criminal Defense Lawyer

At Fighter Law, we know how prosecutors build DUI cases—and we know how to tear them down. If you’ve been arrested for DUI in Orlando or anywhere in Central Florida, call us today. We’ll fight to protect your rights, your record, and your future.

We Fight Because We Care.

Attorney David Migneault

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