When facing DUI charges in Florida, identifying and exposing mistakes made by law enforcement during the stop can be crucial to building a strong defense. Police officers must follow strict procedures during DUI stops, and any deviation from these protocols can lead to errors that may undermine the prosecution’s case against you. We will now discuss the common mistakes made by police during DUI stops and how these errors can be used to challenge the charges. Additionally, we’ll discuss how a DUI attorney can challenge field sobriety tests in Florida and provide a list of relevant Florida-specific FAQs with detailed answers.

Common Police Mistakes During DUI Stops

Law enforcement officers must adhere to specific guidelines when conducting DUI stops. However, mistakes can and do happen, and these errors can significantly impact the validity of the evidence against you.

Lack of Probable Cause for the Stop

One of the most fundamental requirements for a lawful DUI stop is that the officer must have probable cause or reasonable suspicion to initiate the stop. This means the officer must have observed a traffic violation or behavior that suggests impairment, such as swerving, speeding, or running a red light. If the officer did not have a valid reason to stop you, any evidence collected during the stop could be deemed inadmissible.

Improper Administration of Field Sobriety Tests

Field sobriety tests (FSTs) are commonly used to assess a driver's level of impairment. However, these tests must be administered correctly to produce reliable results. Mistakes in administering FSTs can include:

  • Incorrect Instructions: If the officer provides unclear or incorrect instructions, the driver’s performance may be unfairly judged.
  • Improper Conditions: Field sobriety tests should be conducted in a safe, well-lit, and flat area. Uneven surfaces, poor lighting, or adverse weather conditions can impact the driver’s performance.
  • Bias or Subjectivity: The results of FSTs can be subjective, and an officer’s bias may influence their interpretation of the driver’s performance.

Inaccurate Use of Breathalyzers

Breathalyzers are commonly used to measure a driver’s blood alcohol concentration (BAC). However, these devices must be properly calibrated and maintained to produce accurate results. Common errors include:

  • Faulty Calibration: If the breathalyzer is not calibrated correctly, it may produce inaccurate readings.
  • Improper Use: Officers must follow specific protocols when administering a breathalyzer test. Failure to do so can result in inaccurate results.
  • Mouth Alcohol: Residual alcohol in the mouth, such as from mouthwash or a recent drink, can skew breathalyzer results and lead to false positives.

Failure to Follow Legal Protocols

Police officers must follow specific legal protocols during DUI stops and arrests. This includes reading your Miranda rights, properly documenting the stop, and following chain-of-custody procedures for evidence. Failure to follow these protocols can lead to the suppression of evidence or dismissal of the charges.

How a DUI Attorney Challenges Field Sobriety Tests in Florida

Field sobriety tests are a critical component of DUI stops, but they are not infallible. A skilled DUI attorney can challenge the reliability and accuracy of these tests in several ways.

Questioning the Test Conditions

An attorney will examine the conditions under which the FSTs were administered. Poor lighting, uneven surfaces, and adverse weather conditions can all affect a driver’s ability to perform the tests accurately. If the test conditions were less than ideal, the results could be called into question.

Highlighting Medical or Physical Conditions

Certain medical or physical conditions can impact a person’s performance on field sobriety tests. For example, inner ear problems, neurological disorders, or injuries can affect balance and coordination. An attorney can present evidence of these conditions to argue that the poor performance was not due to impairment.

Scrutinizing Officer Training and Administration

The accuracy of FSTs depends heavily on the officer’s training and ability to administer the tests correctly. An attorney can investigate whether the officer followed standardized procedures and was adequately trained. Any deviations from the proper protocol can be used to challenge the validity of the test results.

Demonstrating Nervousness or Anxiety

Being stopped by the police can be a stressful experience, causing nervousness and anxiety that can impact a driver’s performance on FSTs. An attorney can argue that the driver’s nervousness contributed to their inability to perform the tests accurately, rather than any impairment.

Questioning the Officer’s Observations

Field sobriety tests rely on the officer’s subjective observations. An attorney can challenge the officer’s interpretation of the driver’s performance, highlighting inconsistencies or biases in their observations.

Florida-Specific FAQs

What happens if I refuse to take a breathalyzer test in Florida?

Refusing to take a breathalyzer test in Florida can result in immediate administrative penalties under the state’s implied consent law. If you refuse the test, your driver’s license will be automatically suspended for one year for a first refusal and 18 months for subsequent refusals. Additionally, the refusal can be used as evidence of guilt in court. However, a DUI attorney can challenge the circumstances of the refusal and work to mitigate the consequences.

Can I still be charged with DUI if my BAC is below the legal limit?

Yes, you can still be charged with DUI in Florida even if your BAC is below the legal limit of 0.08%. The prosecution can argue that your normal faculties were impaired by alcohol or drugs, even if your BAC was lower than 0.08%. This is known as a “DUI less safe” charge. A DUI attorney can challenge the evidence and argue that your BAC level did not impair your ability to drive safely.

What are the penalties for a first-time DUI conviction in Florida?

For a first-time DUI conviction in Florida, penalties can include fines ranging from $500 to $1,000, up to six months in jail, probation, community service, mandatory DUI school, and a possible driver’s license suspension of 6 to 12 months. If your BAC was 0.15% or higher, or if a minor was in the vehicle, the penalties could be more severe, including higher fines and longer jail time.

Can I get a DUI conviction expunged from my record in Florida?

Unfortunately, DUI convictions in Florida cannot be expunged or sealed. Once you are convicted of DUI, it becomes a permanent part of your criminal record. This can have long-term consequences, affecting your ability to find employment, obtain professional licenses, and more. It’s crucial to have a skilled DUI attorney on your side to fight the charges and potentially avoid a conviction.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you are facing DUI charges in Florida, uncovering police mistakes during the stop could be key to beating your DUI charge. 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 common mistakes made by law enforcement during DUI stops and how a skilled attorney can challenge these errors is essential in building a strong defense and achieving the best possible outcome in your case.