Understanding the Critical Role of Evidence Suppression in Florida DUI Cases

Being charged with a DUI in Florida is serious, and the evidence collected in your case can either make or break the outcome. But not all evidence collected against you may hold up in court, and that’s where suppression comes into play. In many DUI cases, there are grounds to challenge the admissibility of certain pieces of evidence, especially if they were obtained improperly. Let’s look at the types of evidence your attorney should focus on suppressing and why challenging that evidence can significantly impact your case.

Why Evidence Suppression Is So Important in DUI Cases

The prosecution relies heavily on evidence gathered at the time of your arrest to build their case. In DUI cases, this evidence often includes field sobriety tests, breathalyzer or blood test results, body cam footage, and witness testimony. However, for this evidence to be admissible, law enforcement must follow strict protocols. If they didn’t follow the rules, there’s a chance that the evidence could be thrown out, which would weaken the prosecution’s case against you.

Challenging the Initial Stop

The first place to start with evidence suppression in a DUI case is to question the validity of the traffic stop itself. According to Florida law, law enforcement officers must have a legitimate reason—often referred to as “reasonable suspicion”—to pull you over in the first place. If the stop was based on something vague or arbitrary, such as “acting suspiciously,” then your attorney may argue that the stop was unlawful.

Florida’s DUI laws, outlined in § 316.193, require that all DUI arrests stem from legitimate traffic stops. If the initial stop wasn’t lawful, it could lead to the dismissal of the charges.

Field Sobriety Tests

Field sobriety tests are a standard part of most DUI stops. Officers use them to assess whether someone might be impaired, but these tests are far from foolproof. The problem with field sobriety tests is that they’re highly subjective. Even minor factors, such as an uneven surface or a medical condition, can lead to an unfair “failure” on these tests.

Florida courts have recognized that field sobriety tests are not always reliable indicators of impairment. Therefore, if the results of these tests played a key role in your arrest, your attorney should review the conditions under which the tests were conducted. If there were any irregularities, they may seek to have the results suppressed as unreliable evidence.

Breathalyzer Tests

Breathalyzer tests are often the prosecution’s go-to evidence in DUI cases. However, breathalyzer results can be inaccurate for a variety of reasons, including improper calibration of the machine, user error, or certain medical conditions that can lead to inflated results.

In Florida, law enforcement must adhere to strict rules when administering breathalyzer tests. For instance, under Florida Statute § 316.1932, officers must observe you for at least 20 minutes before administering the test to ensure that no factors, such as recent drinking or vomiting, can interfere with the results. If your lawyer finds that the proper protocol wasn’t followed, they can challenge the validity of the breath test.

Blood Test Results

Blood tests are typically more accurate than breathalyzer tests, but they are also held to even higher standards for procedural compliance. In Florida, blood tests for DUI cases are usually only administered if a breath test isn’t possible or if you are suspected of being under the influence of drugs. Blood tests must be performed by licensed medical professionals, and the samples must be stored and handled properly.

Errors in the chain of custody, improper handling, or testing errors can all compromise blood test results. Your attorney should examine the entire process—from the collection to the testing and storage of the sample—to identify any issues that could render the results invalid.

Statements Made Without Being Read Miranda Rights

The U.S. Constitution provides that individuals taken into police custody must be informed of their right to remain silent and their right to legal counsel before any interrogation. This is known as the Miranda warning. If an officer failed to read your Miranda rights before questioning you, any self-incriminating statements you made might be suppressed.

In DUI cases, it’s common for drivers to make statements at the scene of the stop. However, once you’re in custody, those statements can only be used against you if you were properly advised of your rights. If your rights were violated, your attorney may argue that any statements made should be inadmissible.

Dashcam and Bodycam Footage

Today, many DUI arrests are recorded using dashcams or bodycams. These recordings can be valuable evidence for both sides. If the footage does not support the officer’s report, it can work in your favor, while footage showing behavior that the officer claims as evidence of impairment could be harmful to your case.

However, if the footage was tampered with, altered, or improperly stored, it could be dismissed as evidence. Your attorney should review all video evidence and make sure that it accurately reflects what occurred. If any tampering is detected, they can request the suppression of the footage.

Prior DUI Arrests

If you have prior DUI arrests or convictions, the prosecution may attempt to introduce this history as evidence to suggest a pattern of behavior. However, Florida law has limitations on the use of prior criminal history in court. Your attorney may be able to argue that prior DUIs are irrelevant to your current case, especially if they’re unrelated in terms of timing or circumstances.

Unreliable Witness Testimony

Witnesses to a DUI arrest can include other drivers, pedestrians, or passengers in your car. While witness testimony can be used to support the prosecution’s case, it isn’t always reliable. For instance, a witness’s perspective may have been compromised due to poor lighting, distance, or other factors that could affect their judgment.

Your attorney can question the credibility of witnesses and may request that unreliable testimony be suppressed, especially if it’s clear that their statements are inconsistent or biased.

Sobriety Checkpoints

Sobriety checkpoints are a unique aspect of DUI enforcement. While they are legal in Florida, checkpoints must follow specific procedures to ensure that they don’t violate your constitutional rights. For example, law enforcement must announce the checkpoint in advance and follow a neutral plan for stopping vehicles, rather than selecting vehicles randomly.

If you were arrested at a checkpoint that didn’t adhere to these requirements, your attorney can argue that the checkpoint stop was unconstitutional, potentially leading to the suppression of all evidence gathered during the stop.

Chain of Custody Issues

In DUI cases, the chain of custody refers to how physical evidence, such as blood samples, is handled from the moment it’s collected until it’s presented in court. If there are gaps or inconsistencies in the chain of custody, it could lead to questions about the integrity of the evidence. A skilled attorney will scrutinize the chain of custody to ensure that no mistakes or tampering occurred, as any evidence compromised in this way could be inadmissible in court.

Call to Action

Challenging the evidence in a DUI case is complex, but it’s also one of the most effective ways to fight the charges. Each piece of evidence has specific legal requirements, and if those requirements weren’t met, that evidence might be suppressed. If you’re facing a DUI charge, don’t take it lightly—these cases can carry serious penalties, but you don’t have to face them alone.


Florida DUI Defense FAQs

What types of evidence are most commonly suppressed in Florida DUI cases?
In Florida DUI cases, some of the most commonly suppressed evidence includes field sobriety test results, breathalyzer or blood test results, statements made without Miranda rights, and dashcam or bodycam footage. Each type of evidence has specific protocols for collection and handling, and if these aren’t followed, your attorney may be able to get the evidence dismissed.

How does suppressing evidence impact a DUI case?
Suppressing evidence can weaken the prosecution’s case significantly. For example, if a key piece of evidence like a breathalyzer result is suppressed, the prosecutor may have difficulty proving impairment. By challenging the evidence, your attorney can make it harder for the prosecution to establish guilt beyond a reasonable doubt.

Can bodycam footage be suppressed in a DUI case?
Yes, bodycam footage can be suppressed if there is evidence of tampering, improper storage, or other handling issues. Additionally, if the footage doesn’t match the officer’s report, it could create inconsistencies that work in your favor. Your attorney will review all video footage to identify any grounds for suppression.

What happens if the initial traffic stop was unlawful?
If the traffic stop was unlawful, your attorney can argue that all evidence collected afterward should be suppressed. In Florida, officers need reasonable suspicion to stop a driver. Without that, the stop may be deemed illegal, making any evidence gathered inadmissible in court.

How do Miranda rights affect evidence in a DUI case?
Miranda rights are essential in protecting you against self-incrimination. If you were not advised of your rights before questioning, any statements you made while in custody could be suppressed. This is especially crucial in DUI cases, where officers may ask questions that lead to self-incriminating responses.

Can witness statements be suppressed in a DUI case?
Yes, witness statements can be suppressed if the witness is shown to be unreliable or if their testimony is inconsistent. Your attorney may question the credibility of the witness, particularly if factors like poor lighting or distance may have impaired their ability to observe the events accurately.

Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.