The body cam footage of Tony Romo’s DUI arrest has spread across the internet. While we have seen celebrities and athletes get arrested before, something was interesting about Romo’s incident.
In the middle of the investigation, he asked if he could contact his attorney.
The officer did not allow him to make the call and proceeded with the investigation and eventual arrest.
Was that legal? Should Romo have been able to make the call?
Let’s consider the rights you do and do not have during a DUI arrest.
What Happened During Tony Romo’s Arrest?
On July 23, 2026, Tony Romo, former Dallas Cowboys Quarterback and current CBS Sports anchor, was pulled over by law enforcement in Milwaukee, Wisconsin.
Authorities say Romo was stopped after he drove through a restricted traffic area while passing other vehicles. During the stop, police conducted a field sobriety test, which they said Romo performed poorly on. They also found an open container of alcohol in Romo’s vehicle. Romo was taken into custody on suspicion of DUI.
Body camera footage of the incident has been shared online. In it, Romo asks if he can call his attorney. He also refuses to take a breathalyzer.
Romo’s case is in Wisconsin, where the laws and procedures differ from Florida law, but let’s consider his actions if he had been arrested in Florida.
Related: Stopped and Arrested for a DUI in Florida? Here’s What to Do Next
Can You Ask to Call an Attorney During a DUI Arrest Investigation?
Yes, you have the right to ask to call an attorney during a DUI arrest, but you do not have a right to talk to an attorney during a DUI arrest.
An officer has the right to deny or approve your request. In most cases, they will deny it.
If they deny your request, do not argue with the officer or physically resist because you are not allowed to make a phone call. Stay calm. Follow lawful instructions, and clearly state that you want to remain silent until you can speak with an attorney.
You will be able to contact an attorney if you are arrested and booked at a police station.
Do You Have to Answer Questions During a DUI Arrest Investigation?
No, you do not have to answer questions during a DUI investigation.
During a DUI stop, officers are looking for probable cause to arrest you. They will ask questions and observe your behavior to look for evidence. They may ask you:
- Where are you coming from?
- Have you been drinking?
- How many drinks did you have?
- When was your last drink?
- Are you taking any medication?
These may sound like casual questions, but they are not. The officer is looking for evidence.
You have a right to remain silent and not answer their questions.
Follow the officer’s directions, such as providing your driver’s license, registration, and proof of insurance when requested, but you do not need to volunteer details about where you were, what you drank, or how much you consumed.
You can simply say you don’t want to answer any questions until you have a lawyer present.
Related: What to Expect From a First Offense DUI
Can You Refuse a Breathalyzer During a DUI Arrest Investigation?
In October 2025, it became a crime to refuse to take a breath, urine, or chemical test during a DUI stop in Florida, but that doesn’t mean you have to take one.
You can still refuse a breathalyzer in Florida, but it can come with criminal consequences such as jail time, fines, and license suspension.
Even with the potential criminal charges for refusal, you may still want to refuse a DUI breathalyzer.
If you have ingested alcohol, a breathalyzer is going to create additional evidence against you to help prove your DUI case. Unless you are stone sober, it might not be in your best interest to take the breathalyzer.
You have a right to refuse. It can help your case. But it may lead to other criminal charges outside of driving under the influence.
Related: It’s Now a Crime To Refuse a DUI Breathalyzer In Florida. Should You Still Refuse?
Can You Refuse a Field Sobriety Test During a DUI Arrest Investigation?
Yes, you can refuse roadside field sobriety exercises in Florida.
Refusing field sobriety exercises does not automatically trigger the same consequences that can follow a refusal of a breathalyzer, but refusing does not mean the investigation stops.
The officer can still decide to arrest you based on other evidence, including how you were driving, what you said, your appearance, your behavior, and other observations made during the stop.
If you refuse, stay calm and respectful. Do not argue with the officer or physically resist.
Get More Advice About Criminal Cases in Florida
It’s important to know your rights when interacting with police officers. Use our Tampa Arrest Resource Center and Tampa DUI Resource Center to learn more about the criminal process in Florida.
Then, contact us to get expert one-on-one support if you are in the middle of a criminal case.
Tampa DUI attorney TJ Grimaldi is here to help you navigate the complexity of the criminal justice system. Schedule a free consultation to discuss your case and get personalized support for your unique situation. Don’t delay. Don’t wait. Talk to TJ today.
Request your free consultation or call 813-226-1023 now.