DUI Traffic Stop

Plant City DUI Lawyer

As part of a DUI arrest, Florida law requires that the arresting officer have probable cause to make the arrest for DUI. Florida law also provides that a DUI arrest cannot be made based upon certain types of traffic violations.

Police Officers Must Have Probable Cause to Stop

A police officer must have “Probable cause" to make a traffic stop which means that there must be more than a simple belief that a driver has consumed alcohol. There must be facts and circumstances that show a probability that the driver is impaired by alcohol or has an unlawful amount of alcohol in his system. Typically, the arresting officer will testify to a number of observations that together give probable cause for the arrest; however, on of the factors alone may not be sufficient probable cause. Factors to be considered are a driver's speech, his or her statements of confessions to the officer, the odor of alcohol, a flushed face, bloodshot eyes, failure of field sobriety testing, being nervous, and other indicators of being under the influence.

Routine Traffic Violations May Lead to Probable Cause for DUI Arrest

The usual scenario is an officer making a routine traffic stop on suspicion of a traffic violation, such as improper or non-functioning vehicle taillight. Typically, after the stop the officer then develops probable cause for a DUI arrest. The law on this subject is quite complex and the assistance of an experienced DUI defense attorney is a must.