We are finding police mistakes so that we can use it as a defense in my DUI case in Florida. What are the things that police officers should do or say during a DUI arrest?

Jayda

Boynton Beach, FL

Police officers are required to follow certain procedures during the course of a DUI investigation. Failure of the police to do so could lead to the dismissal of your DUI case in Boynton Beach, Florida. What we usually refer to as “loophole” or “technicality” with your DUI defense is actually a way of using the constitution to protect your rights. An experienced DUI lawyer has spent years in developing techniques that are designed to dismantle the toughest DUI cases.

There are certain things that police officers do or say that could dramatically impact the outcome of your DUI case. First off is with regard to the DUI stop wherein the police officer should have a probable cause to pull you over. The officer should also observe you for 20 minutes prior to administering the breath test. Another police mistake that can be used as a possible defense in your DUI case is if the officer failed to tell you that your driver’s license would automatically be suspended if you refused a breath test. The officer should have also conducted the field sobriety tests on a surface that was flat, dry and well-lit. All of these and more, if proven by your DUI lawyer, could be very significant in your DUI defense.

I haven’t been actually arrested for DUI but I’m afraid someday that I would just be asked by an officer here in Sunshine Parkway, Florida to stop because he might think that I am drunk driving. How can someone be asked to stop under a DUI suspicion?

Alton

Sunshine Parkway, FL

If a police officer suspects that he has observed a drunk driver while on a routine patrol, he/she would look for the usual manner of behaving while intoxicated like driving too slow or too fast, crossing the center line, weaving, etc. or he might look for a moving traffic violation that would serve as a “probable cause.” This could be the reason why a police officer would follow a suspected intoxicated driver at a safe distance to observe the driver’s pattern to assess if his/her opinion that he/she has spotted someone intoxicated may be correct.

Police officers would develop reasonable suspicion” that a driver is impaired after observing the vehicle from behind. The officer would likely witness a traffic offense, witness a traffic offense pull over the vehicle and investigate their suspicions. If you will be asked to stop under a DUI suspicion in Sunshine Parkway, Florida, the officer should have probable cause to stop your vehicle. After pulling you over, the police officer should conduct an investigation to prove his reasoning for the stop, and that would be his/her proof of probable cause. This proof would be evidence or physical signs indicating intoxication.

I have been arrested for DUI before here in Florida but good thing that the case was dismissed. I’m just curious to know, is a warrant required for the police officer to make a DUI stop?

Zora

Kendall-Perrine, FL

It’s good to know that your DUI case in Kendall-Perrine, Florida was dismissed. In most cases, in order for the police officer to search a person or their automobile lawfully, there must be a warrant supported by probable cause. An example of this would be if the police officer has a strong suspicion that the person they are stopping has committed a crime. In DUI cases, a warrant is actually not required for the police officer to make the initial stop, but the police officer cannot make a stop solely for the purpose of determining whether a person may or may not have been drinking if they have not violated any traffic law. One great example of this is pulling a person over based only on the fact that it is a holiday and people tend to drink on holidays.

It is definitely against the law for a police officer to stop a car in order to determine if the driver can produce a valid license and registration. Along the same lines, the traffic violation must have occurred in the police officer’s presence, which is the requirement for all misdemeanors, except for anonymous report or a tip reporting a drunk driver disregarding traffic laws and pedestrian and driver safety on the road.

We were driving home the other night when a police officer asked us to stop. I was the one behind the wheel and I was asked some questions related to drunk driving. I wasn’t detained because clearly, I was not drunk nor consume any amount of alcohol. But I want to know, are these Florida DUI checkpoints legal?

Spencer

Pembroke Pines, FL

Generally, the Fourth Amendment of the US Constitution protects citizens from unreasonable searches and seizures. This includes protecting citizens from being stopped without a search warrant and requires, at a minimum, that a police officer have a probable cause or reasonable suspicion to briefly detain a citizen to investigate his suspicion that the individual is involved in some illegal conduct.

But there is an exemption to the Fourth Amendment. It is the sobriety checkpoint that is intended to both deter and apprehend drivers operating their vehicle while under the influence of alcohol and/or drugs. The US Supreme Court stated that certain safeguards should be followed to render such stops constitutionally permissible. DUI checkpoints as a measure of curbing drunk driving in Florida are legitimate so long as the police officers manning the checkpoints use a random method of selection which precludes the “probable cause” law, such as stopping every third car, and the delay and inconvenience to drivers is kept to a minimum.

What can a lawyer do with my DUI case in Miami Florida if I plan to hire one?

Tommy

Thank you for asking Tommy.

You can get a free consultation with a lawyer to discuss your options after a drunk-driving (DUI) charge and ways to avoid a license suspension. Miami Florida lawyers with experence and those that specialize in DUI cases may be able to discuss all issues involved in your case, including:

* the reliability of Breathalyzer tests and other field sobriety tests
* the effects refusal of a breath test
* negotiating a plea bargain and the effects of pleading guilty
* drunk driving (DUI) in combination with other traffic violations
* whether there was probable cause for a traffic stop when you were pulled over for drunk driving
* getting a temporary license or work license if your license is suspended

You may check online to check some DUI Miami Florida lawyers for free consultation on your case.

Goodluck!

MariCAR