When a DUI Arrest Starts as a Routine Traffic Stop in Florida
A lot of folks tend to assume that a DUI arrest only happens when someone is obviously impaired or driving erratically. In real life, a large cross-section of DUI cases begins during random traffic stops. You could have a taillight out and end up under investigation for DUI. Understanding how this happens can help your DUI case. These cases are often more defensible than they appear.
How routine traffic stops turn into DUI investigations
The majority of DUIs begin with a simple traffic violation. A police officer might see a car drifting from its lane, rolling through a stop sign, speeding, or even with a broken taillight. Once the police have pulled over the vehicle, the officer can begin scrutinizing the driver.
This is the point at which the officer will begin looking for signs of impairment. These can include bloodshot eyes, the smell of alcohol, fumbling with your license and registration, or nervous behavior. So, what begins as a minor traffic incident can quickly shift into a full-on investigation for DUI.
Roadside questions and field sobriety tests
Once you’re pulled over, the police officer will generally ask casual questions. Where are you coming from? Where are you going? Do you know why I pulled you over? These statements are meant to get a feel for your bearing and can later be used against you as evidence. Most Floridians don’t realize that they have no duty to answer these questions in detail.
If the officer suspects you of drinking, they may request that you perform field sobriety tests. These tests have little scientific merit and are generally interpreted against you. Anything can affect your ability to stand on one leg or walk in a straight line. Maybe your knees are bad. It doesn’t matter. Officers will rely heavily on these tests to prove that they should make an arrest. You can opt out of performing them. They aren’t covered by implied consent, so you can refuse if the officer asks you to follow a pen with your eyes.
Why the initial stop matters legally
Whether or not the traffic stop is legal is one of the most important factors in a DUI case. Under Florida law, an officer must have a valid reason to pull you over. They can’t just decide that they don’t like the look of your car. If the officer cannot justify the stop, the stop might be considered illegal, which can result in any evidence against you being tossed.
Orlando DUI defense attorneys will closely examine the dashcam footage, body camera video, and the report of the incident to examine whether the officer observed a traffic violation. Inconsistencies in the officer’s account of what happened can make a huge difference. If the court rules that the stop was unlawful, any evidence gathered during the stop can be suppressed.
Small details can shape the entire case
Since these cases tend to escalate one step at a time, small details are very important. The wording used in the officer’s report, the timing of observations, and the sequence in which events occurred can all impact whether the arrest was technically legal. A lot of Florida DUI cases don’t hinge on the level of your intoxication, but on whether or not law enforcement followed the correct legal procedures from the start of your detention.
Talk to an Orlando, FL, DUI Attorney Today
FL DUI Group represents the interests of Orlando residents who are facing DUI charges. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
