Getting charged with driving under the influence (DUI) in Florida is a serious matter. A conviction can carry heavy fines, license suspension and even jail time. Your freedom and future are at stake.
However, a successful prosecution depends entirely on whether police followed the law from the moment they first pulled you over. Law enforcement must follow rigid procedures, and their failure to do so can help you build a powerful defense.
Rules officers must follow
Police officers cannot stop your vehicle randomly. They must have “reasonable suspicion,” meaning the officer must point to specific facts, like seeing you weave or speed, that suggest you committed a traffic violation or a crime.
Once stopped, the officer begins an investigation. They look for signs of impairment, such as bloodshot eyes or the smell of alcohol. They may then ask you to perform field sobriety tests (FSTs), which you have the legal right to decline.
On the other hand, refusing a breath, blood, or urine test after a lawful DUI arrest can lead to an automatic driver’s license suspension under Florida’s implied consent law. However, even if you refuse, the officer must still follow specific procedures for a lawful request of a chemical test.
After the investigation, the officer must have probable cause to arrest you, which is a higher standard than reasonable suspicion. It means they must have a reasonable belief that you were driving while impaired.
What happens when police break the rules?
If your initial stop lacked reasonable suspicion or the arrest lacked probable cause, your lawyer can file a motion to suppress evidence. If the judge grants the motion, all evidence gathered after the violation may be excluded, including breath test results, the officer’s observations or any statements you made.
Without this key evidence, the prosecutor’s case against you can be dramatically weakened, often leading to reduced charges or dismissal. Other procedural errors can help your case, such as improper FST administration or failing to watch you for the required 20 minutes before a breath test, as required by the Florida Administrative Code.
How can you help your defense?
Your actions at the time of the stop can significantly benefit your case later. Document everything you can remember, including:
- The exact location and time of the stop
- What the officer said and the road conditions
You should always be polite and provide your license, registration and proof of insurance. While you have the legal right to refuse to perform FSTs, be aware that your refusal may be admissible in court as evidence of possible impairment. Politely decline to answer any further investigative questions until you speak to a lawyer.
Remember, your job is to protect your constitutional rights in that moment, not to argue with the officer. A DUI arrest is a complex legal challenge that can change your life.
Having a skilled attorney is an essential step in protecting your rights, as they can thoroughly investigate whether the officer followed the correct procedures.