How to Challenge a DUI Stop: What Counts as Reasonable Suspicion in Florida?

Getting pulled over while driving under the influence is an intimidating experience. But one of the first questions your DUI defense attorney will ask is: Did the officer have a valid reason to stop your vehicle in the first place?

Under Florida law, officers are not allowed to pull you over just because they have a hunch you’re into something. They must have a reasonable suspicion that a traffic violation or criminal activity has occurred. Understanding this standard and how it applies to DUI traffic stops is critical because if the stop is found to be unlawful, the entire case against you can collapse.

What is reasonable suspicion under Florida law?

Reasonable suspicion is a legal standard allowing police to briefly detain and investigate someone when they can point to specific facts suggesting a law has been broken. It requires more than just a gut feeling.

For example, if a vehicle is weaving across lanes, running a red light, or driving without headlights at night, it could give the officer reasonable suspicion to pull you over. However, if the office makes vague observations like “the driver looked nervous” or “the car was leaving a bar parking lot,” it doesn’t constitute reasonable suspicion.

Valid stops versus invalid stops 

• Valid stop – A driver is swerving within the lane, nearly striking the curb, and then failing to use a turn signal. Such actions can create a reasonable suspicion that the driver is impaired.
• Invalid stop – An officer follows a driver leaving a restaurant late at night and pulls them over solely because “they might be drunk.” Without a specific violation, this stop would be considered unconstitutional.

These distinctions matter. If a stop is invalid, any evidence gathered afterward—such as field sobriety tests, breath tests, or incriminating statements—can be suppressed in court.

How do DUI attorneys challenge traffic stops?

Challenging the legality of a traffic stop requires a careful analysis of the officer’s report, body-cam footage, and witness testimony. A skilled Florida DUI attorney will ask:

• What specific facts did the officer rely on?
• Were those facts consistent with reasonable suspicion?
• Did the officer observe an actual traffic violation?

If the officer can’t answer those questions, your attorney can file a motion to suppress the evidence gleaned from the traffic stop. In many cases, judges will dismiss DUI charges because the stop did not meet the requirements of the Constitution.

Why this defense matters

A DUI conviction in Florida carries serious consequences, including fines, license suspension, possible jail time, and a permanent criminal record. If the stop itself was unlawful, the prosecution may lose the only evidence it has to convict you, leaving little or no case to pursue.

That’s why it is crucial not to assume a DUI arrest automatically means a conviction. The very foundation of the case—the stop—must be examined with a fine-tooth comb.

Talk to an Orlando, FL, DUI Defense Lawyer Today 

FL DUI Group represents the interests of Orlando residents who have been charged with DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.