In Florida DUI cases, the legality of a traffic stop is a critical aspect that can significantly impact the outcome of the case. If law enforcement officers did not have a valid reason to stop a driver, any evidence gathered during the stop, including field sobriety tests and breathalyzer results, can be challenged and potentially excluded. This article will cover how the legality of a traffic stop can be challenged in Florida DUI cases and the importance of having a skilled attorney review the circumstances of the stop.
The Importance of a Lawful Traffic Stop in DUI Cases
Before law enforcement officers can pull over a vehicle, they must have a legal basis to initiate the traffic stop. In DUI cases, this often revolves around establishing reasonable suspicion or probable cause. If the traffic stop is unlawful, all subsequent evidence gathered, such as the results of field sobriety tests or chemical tests, may be inadmissible in court.
Reasonable Suspicion
For a traffic stop to be lawful, law enforcement must have reasonable suspicion that the driver is committing a traffic violation or a crime. Reasonable suspicion means that the officer has specific and articulable facts to believe that a driver has violated a traffic law or is driving under the influence.
Common reasons for a traffic stop that may lead to a DUI investigation include:
- Erratic driving: Swerving, speeding, or frequent braking can indicate impairment.
- Traffic violations: Running a stop sign, failure to signal, or speeding can give law enforcement a reason to stop a vehicle.
- Mechanical issues: Broken taillights, headlights, or excessively tinted windows can also result in a lawful stop.
If the officer cannot articulate a valid reason for the stop, the defense can argue that the traffic stop was illegal, leading to a potential dismissal of the charges.
Probable Cause for Arrest
Once the officer initiates a traffic stop, they may need to develop probable cause to arrest the driver for DUI. Probable cause is a higher standard than reasonable suspicion and requires more concrete evidence, such as the smell of alcohol, slurred speech, or the driver’s failure of a field sobriety test.
If the officer did not have probable cause before making an arrest, this can be another ground to challenge the legality of the traffic stop and the subsequent DUI charge.
Common Signs of Impairment Officers Look For
During a traffic stop, officers are trained to look for specific signs of impairment that may justify conducting further tests, such as field sobriety tests or chemical tests.
These signs include:
- Slurred speech: Difficulty speaking clearly or forming sentences.
- Bloodshot eyes: Red or glassy eyes are common indicators of alcohol or drug use.
- Odor of alcohol: The smell of alcohol emanating from the driver or vehicle is a strong indicator of impairment.
- Unsteady movement: Officers may observe the driver’s movements to determine if they have trouble walking or standing.
- Confusion or disorientation: If the driver seems disoriented, this can be another indicator of possible impairment.
If these signs are present, the officer may request the driver to perform field sobriety tests to further assess their level of impairment.
Challenging Field Sobriety Tests in Florida DUI Cases
Field sobriety tests (FSTs) are widely used by law enforcement to evaluate whether a driver is impaired. However, the reliability and accuracy of these tests can be questioned. A skilled DUI attorney can effectively challenge the validity of the FSTs administered during a traffic stop.
Types of Field Sobriety Tests
There are three standardized field sobriety tests endorsed by the National Highway Traffic Safety Administration (NHTSA):
- Horizontal Gaze Nystagmus (HGN): The officer asks the driver to follow a moving object with their eyes. The officer observes for involuntary jerking of the eyes, which can be a sign of impairment.
- Walk-and-Turn (WAT): The driver is instructed to walk a straight line, heel-to-toe, for nine steps, turn, and return. The officer looks for signs of imbalance, inability to follow instructions, and coordination issues.
- One-Leg Stand (OLS): The driver is asked to stand on one leg and count aloud for a set period. The officer monitors balance, coordination, and the ability to follow instructions.
Factors That Affect Field Sobriety Test Performance
Field sobriety tests can be influenced by several factors unrelated to alcohol or drug impairment. These factors can undermine the reliability of the results and create an opportunity for a DUI attorney to challenge their validity.
- Medical conditions: Certain medical issues, such as neurological conditions, injuries, or inner ear problems, can affect a person’s balance and coordination, leading to poor performance on FSTs.
- Nervousness or anxiety: Being pulled over can cause significant stress, which can impact a person’s ability to perform field sobriety tests correctly.
- Environmental conditions: Weather conditions, poor lighting, uneven road surfaces, or footwear can also play a role in how a driver performs on these tests.
- Officer error: Inconsistent or improper administration of the tests can skew results. For example, the officer may fail to provide clear instructions or improperly assess the driver’s performance.
An experienced attorney will thoroughly examine the administration of these tests and look for factors that could have unfairly influenced the results.
How a DUI Attorney Will Challenge Field Sobriety Tests
Field sobriety tests are subjective in nature and can be challenged on several grounds. A skilled DUI attorney will explore all possible weaknesses in the field sobriety test results to help build a strong defense.
Challenging the Test Conditions
An attorney will investigate the environmental conditions under which the field sobriety tests were conducted. Factors like poor weather, uneven pavement, or inadequate lighting can impact the driver’s ability to perform the tests, regardless of impairment.
For example, if the test was administered on a road with an incline or rough surface, it may have been unfair to expect the driver to maintain balance during the walk-and-turn or one-leg stand test.
Questioning Officer Training and Procedure
A DUI attorney will scrutinize the officer’s training and whether they followed proper procedures when administering the field sobriety tests. Officers are required to follow strict protocols when conducting these tests. If there were any deviations from the standardized procedures, this could cast doubt on the validity of the results.
In addition, some officers may lack the necessary training to accurately evaluate the driver’s performance on these tests. An attorney can challenge the officer’s qualifications and point out any inconsistencies in their testimony.
Presenting Alternative Explanations
Medical conditions, fatigue, or nervousness can all affect a person’s ability to perform well on field sobriety tests. A DUI attorney can present evidence, such as medical records or expert testimony, to explain how these factors may have contributed to the driver’s poor performance.
For instance, a driver with a history of knee problems may struggle with the one-leg stand test, while a person with vertigo may have difficulty completing the walk-and-turn test. These explanations can be used to argue that the test results do not accurately reflect impairment.
The Importance of Video Evidence
In many DUI cases, police officers are equipped with dashboard cameras or body cameras that record traffic stops and the administration of field sobriety tests. This video evidence can be crucial in challenging the validity of the tests and the legality of the traffic stop.
A DUI attorney will review the video footage to assess whether the field sobriety tests were conducted properly and under appropriate conditions. If the footage contradicts the officer’s report or highlights any inconsistencies, it can be used to strengthen the defense.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing DUI charges in Florida and believe that your traffic stop or field sobriety tests were conducted improperly, it’s essential to seek the help of a skilled attorney. Musca Law, P.A. has a team of experienced criminal defense attorneys who can help you challenge the legality of your traffic stop and the reliability of field sobriety tests. We offer free consultations 24/7/365 and serve all 67 counties in Florida. Contact Musca Law today at 1-888-484-5057 to discuss your case and protect your rights.
By challenging the legality of the traffic stop and scrutinizing the field sobriety test results, you can significantly improve your chances of a favorable outcome in your DUI case.