When law enforcement officers conduct a DUI (Driving Under the Influence) investigation in Florida, they gather various types of evidence to determine whether a driver is impaired. This evidence is crucial for building the case against the driver, and understanding what is collected can help you better prepare for your defense. I will now discuss the types of evidence police collect during a DUI investigation in Florida and how a DUI attorney can challenge the reliability of field sobriety tests.
Observational Evidence
One of the first forms of evidence gathered during a DUI investigation comes from the officer’s observations of the driver’s behavior and appearance. These observations begin as soon as the officer spots the vehicle and may continue throughout the traffic stop.
Driving Behavior
Before pulling the driver over, the officer may observe erratic driving patterns that could indicate impairment. Common driving behaviors that attract attention include:
- Swerving or drifting between lanes
- Inconsistent speed, such as rapid acceleration or deceleration
- Ignoring traffic signals or signs
- Frequent braking or sudden stops
- Driving well below the speed limit
These behaviors are often noted in the officer’s report and can be used as evidence to support the suspicion of DUI.
Physical Appearance and Behavior
Once the driver is pulled over, the officer will look for physical signs of impairment. These signs include:
- Bloodshot or glassy eyes
- Flushed or pale skin
- Disheveled appearance
- Smell of alcohol or drugs
- Slurred speech or incoherent responses
- Difficulty retrieving documents such as a driver’s license or registration
The officer’s observations of the driver’s physical state and behavior play a significant role in the decision to proceed with a DUI investigation.
Field Sobriety Tests
Field sobriety tests (FSTs) are standard procedures used to assess a driver’s level of impairment. These tests are designed to evaluate the driver’s physical coordination and ability to follow instructions.
Common Field Sobriety Tests
The three most common field sobriety tests used in Florida are:
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Horizontal Gaze Nystagmus (HGN): This test involves the driver following a moving object, such as a pen or flashlight, with their eyes. The officer looks for involuntary eye jerking, which can be a sign of impairment.
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Walk-and-Turn (WAT): The driver is instructed to walk nine steps in a straight line, heel-to-toe, turn around, and return in the same manner. The officer observes the driver’s balance, ability to follow directions, and coordination.
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One-Leg Stand (OLS): The driver must stand on one leg while counting aloud. The officer watches for signs of swaying, hopping, or using arms for balance.
Limitations of Field Sobriety Tests
While FSTs are widely used, they are not without their limitations. Various factors, such as the driver’s physical condition, environmental conditions, and nervousness, can impact performance. For this reason, the results of FSTs are often challenged in court.
Chemical Testing Evidence
Chemical tests are used to measure the concentration of alcohol or drugs in a driver’s system. These tests are critical pieces of evidence in a DUI case.
Breath Tests
The most common chemical test in DUI cases is the breath test, commonly known as a breathalyzer. This test measures the driver’s blood alcohol concentration (BAC). In Florida, a BAC of 0.08% or higher is considered legally impaired.
Blood Tests
Blood tests are used when a breath test is not feasible or when drugs other than alcohol are suspected. Blood tests can detect a wide range of substances, including alcohol, illegal drugs, and prescription medications.
Urine Tests
Urine tests are less commonly used but may be administered in cases where drug impairment is suspected. While urine tests can detect the presence of drugs, they are less reliable for determining the level of impairment at the time of driving.
Video and Audio Evidence
With the increasing use of dashboard cameras and body-worn cameras by law enforcement officers, video and audio recordings have become important pieces of evidence in DUI cases.
Dashboard Camera Footage
Many police vehicles are equipped with dashboard cameras that record traffic stops and field sobriety tests. This footage can provide a visual record of the driver’s behavior, the administration of FSTs, and the officer’s interactions with the driver.
Body-Worn Camera Footage
Body-worn cameras are another valuable tool for capturing interactions between the officer and the driver. These recordings can offer additional perspectives and details that may not be captured by the dashboard camera.
Witness Testimonies
In some DUI cases, witness testimonies can be crucial in building or challenging the case. Witnesses may include passengers in the vehicle, other drivers, or pedestrians who observed the driver’s behavior.
Officer’s Testimony
The arresting officer’s testimony is often one of the most critical pieces of evidence in a DUI case. The officer will provide detailed accounts of their observations, the driver’s performance on FSTs, and the results of any chemical tests.
Civilian Witnesses
Civilian witnesses, such as passengers or bystanders, may also be called to testify. Their accounts can either support the officer’s observations or provide a different perspective on the events.
DUI Attorney’s Challenge to Field Sobriety Tests
Field sobriety tests are one of the most contested pieces of evidence in DUI cases. A skilled DUI attorney will employ several strategies to challenge the validity and reliability of these tests.
Questioning the Environmental Conditions
An attorney may question the conditions under which the FSTs were administered. Factors such as poor lighting, uneven surfaces, or inclement weather can affect the driver’s ability to perform the tests accurately. Demonstrating that the conditions were less than ideal can cast doubt on the test results.
Highlighting Physical or Medical Conditions
Physical or medical conditions can significantly impact a person’s performance on FSTs. For instance, a driver with a leg injury may struggle with the One-Leg Stand test, or a person with a neurological condition may have difficulty with the Walk-and-Turn test. An attorney can present medical evidence to explain why the driver’s performance may have been affected by factors unrelated to alcohol or drug use.
Scrutinizing the Officer’s Administration of the Tests
The effectiveness of field sobriety tests depends on the officer’s ability to administer them correctly. An attorney can scrutinize the officer’s training and experience, as well as whether the tests were conducted according to standardized procedures. Any deviations or errors in the administration of the tests can weaken the prosecution’s case.
Demonstrating Nervousness or Anxiety
Being stopped by law enforcement can be a stressful experience, leading to nervousness or anxiety that can affect performance on FSTs. An attorney can argue that the driver’s poor performance was due to the stress of the situation rather than impairment.
The Importance of Challenging Evidence in a DUI Case
Challenging the evidence collected during a DUI investigation is a critical aspect of building a strong defense. By questioning the reliability and validity of the evidence, a DUI attorney can create reasonable doubt in the minds of the judge or jury. This doubt can lead to reduced charges, a plea bargain, or even a dismissal of the case.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing DUI charges in Florida and are concerned about the evidence collected against you, it is crucial to seek the assistance of a skilled and experienced attorney. Musca Law, P.A. offers a team of experienced criminal defense attorneys with a proven track record of success in handling DUI cases. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.
Understanding the types of evidence collected during a DUI investigation and the potential flaws in that evidence can help you better prepare to defend your case and achieve the most favorable outcome possible.