Florida DUI Traffic Stop
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DUI Traffic Stop | Outside Jurisdiction

W F Casey Ebsary Jr

Navigating Florida DUI Stops: Understanding Your Rights and the Law (April 28, 2025)

Florida’s beautiful weather and vibrant nightlife make it a popular destination, but they also contribute to its roads being heavily monitored, leading to many Florida DUI traffic stops for impaired driving. Facing a Driving Under the Influence (DUI) charge in Florida is a serious matter with potentially life-altering consequences, including jail time, hefty fines, license suspension, and a permanent criminal record. While the best advice is always don’t drink and drive, understanding your rights and the legal landscape surrounding DUI stops is crucial if you find yourself interacting with law enforcement under suspicion of impairment.

This post, drawing upon constitutional principles and Florida-specific laws, aims to shed light on what happens during a Florida DUI Traffic Stop, the legal standards officers must meet, and the critical protections afforded to you by the Fourth Amendment of the U.S. Constitution. We’ll explore concepts like reasonable suspicion, probable cause, community caretaking, curtilage, warrantless searches, implied consent, and how evidence can be challenged. Our focus is specifically on Florida law and procedures as of April 28, 2025.

5 questions and answers About Florida DUI Traffic Stops:

Florida DUI Arrest Contest
Florida DUI Arrest Contest
Do police need a specific traffic violation to pull me over for a DUI investigation in Florida?

Generally, yes. Police need “reasonable suspicion” of a traffic violation or criminal activity, like erratic driving, to justify most stops. While the “community caretaking” doctrine allows stops for welfare checks without a specific violation, this exception requires genuine safety concerns and is closely reviewed by courts. Simply driving slightly off-center might not be enough if challenged successfully.

Am I required to do the roadside exercises (like walking a line) if a Florida officer asks me to during a DUI stop?

No, Field Sobriety Exercises (FSEs) such as the walk-and-turn or one-leg stand are voluntary in Florida. You have the right to politely refuse them without facing a direct penalty like license suspension just for the refusal itself. However, officers may not tell you they are optional, and the fact you refused could potentially be mentioned in court.

What is Florida’s Implied Consent law and what happens if I refuse the breathalyzer?

Florida’s Implied Consent law means that by driving in the state, you agree to take an official chemical test (like a breathalyzer) after you’ve been lawfully arrested for DUI. Refusing this post-arrest test results in an automatic driver’s license suspension: one year for a first refusal, and 18 months (plus a separate misdemeanor charge) for subsequent refusals. This is separate from any criminal DUI penalties.

Can police follow me onto my property or enter my yard without a warrant if they suspect me of DUI in Florida?

Your home and its “curtilage” (the immediate surrounding area like your yard) have strong Fourth Amendment protections. Police generally need a warrant to enter this area. Exceptions like “exigent circumstances” are narrow, and minor offenses like DUI often don’t justify a warrantless entry onto your property unless there’s a true emergency or active, continuous pursuit.

If I think the police violated my rights during a DUI stop, what can be done?

If your rights were violated (e.g., an illegal stop, unlawful search, or improper questioning), your attorney can file a Motion to Suppress. This asks the judge to exclude any evidence obtained as a result of the violation. If the motion is granted, the suppressed evidence cannot be used against you, which can significantly weaken the prosecution’s case and potentially lead to reduced charges or dismissal.

Recent Fresh Pursuit and Caught Near the House Cases

Florida DUI Traffic Stop Search and Seizure Cases: Two Key Rulings on Suppression of Evidence

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Case Summary 1: DUI, Curtilage, and Warrantless Search

Key Issue: Whether deputies lawfully entered the protected area (curtilage) of a defendant’s home without a warrant after following tire tracks from a vehicle that was towed from a ditch.

Ruling: The court granted the motion to suppress. Deputies violated the Fourth Amendment by conducting a Florida DUI Traffic Stop and entering the curtilage of the home—an area near the barn at the back of the property, concealed by foliage and accessible only by a long driveway—without a warrant or valid exception.

Key Takeaways:

  • The alleged offenses (DUI and leaving the scene of an accident) were misdemeanors, and no exigent circumstances existed.
  • The court rejected claims of the emergency aid exception, finding no credible evidence that the defendant was unconscious or in need of help.
  • No fresh pursuit justified the intrusion, as the defendant was already at home and not attempting to flee.

Relevant Law and Citations:

Case Summary 2: DUI Stop and the Community Caretaking Doctrine

Key Issue: Whether law enforcement could legally stop a vehicle under the community caretaking function when no clear traffic violation occurred.

Ruling: The court granted the motion to suppress evidence. The dash cam video contradicted the trooper’s claim that the defendant was swerving or driving erratically. The driver maintained a safe speed, stayed in the lane, and obeyed traffic signals.

Key Takeaways:

  • Community caretaking is a narrow exception and does not authorize stops without observable danger or crime.
  • Trooper’s observations were subjective and not supported by video evidence.
  • A mere suspicion without concrete justification does not meet the constitutional standard for a lawful Florida DUI Traffic Stop.

Relevant Law and Citations:

📞 Contact an Experienced DUI Defense Attorney in Tampa

If your DUI arrest involved a questionable search or vehicle stop, you may have grounds to suppress the evidence.

Call 813-222-2220

Call 813-222-2220


✅ Call Casey the Lawyer now at 813-222-2220
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The Fourth Amendment: Your Shield Against Unreasonable Searches and Seizures

Before diving into the specifics of a Florida DUI Traffic Stop, it’s essential to understand the foundation of your rights in this context: the Fourth Amendment to the U.S. Constitution. As affirmed by Florida courts and law, this amendment protects individuals from unreasonable searches and seizures by the government, including law enforcement.

This means that generally, police need a warrant based on probable cause to search you, your car, or your home. However, the courts have carved out exceptions, particularly in the context of vehicle stops and DUI investigations. Understanding when police can act without a warrant, and the limits on that power, is key. Florida law vigorously upholds these protections, requiring officers to justify their actions at every stage. An illegal search or seizure occurs when law enforcement acts without a warrant or a valid exception, potentially leading to the suppression of evidence.

The Initial Encounter: Why Were You Pulled Over?

A DUI investigation almost always begins with a traffic stop. But police can’t just pull over any car they wish. They need a legally valid reason. In Florida, common reasons include:

  1. Observed Traffic Violation: Speeding, running a red light, illegal lane change, broken taillight, expired tag, etc. This is the most frequent basis for a stop.
  2. Erratic Driving: Swerving significantly within a lane, driving unusually slowly, braking erratically, near-collisions – driving patterns suggesting impairment.
  3. DUI Checkpoints (Sobriety Roadblocks): These are legal in Florida but must adhere to strict constitutional guidelines regarding planning, execution, and minimizing intrusion.
  4. Community Caretaking / Welfare Check: An officer might stop a vehicle out of concern for the driver’s well-being or public safety, even without observing a specific violation.

For most traffic stops (excluding checkpoints), an officer needs “reasonable suspicion” that a crime or traffic infraction has been, is being, or is about to be committed. This standard comes from the landmark U.S. Supreme Court case Terry v. Ohio.

Reasonable suspicion is more than a mere hunch or guess, but it’s less than probable cause (the standard needed for an arrest). The officer must be able to point to specific, articulable facts that, viewed objectively under the totality of the circumstances, suggest criminal activity or a traffic violation. Florida codifies aspects of this standard in its “Stop and Frisk Law.”

The Community Caretaking Doctrine: A Controversial Exception

Sometimes, an officer might justify a stop based on the “community caretaking” doctrine, arguing they were checking on the driver’s welfare. This doctrine, originating from Cady v. Dombrowski, recognizes that police perform functions beyond criminal investigation, including ensuring public safety.

Cady Held:

“The warrantless search of the Ford did not violate the Fourth Amendment as made applicable to the States by the Fourteenth. The search was not unreasonable, since the police had exercised a form of custody of the car, which constituted a hazard on the highway, and the disposition of which by respondent was precluded by his intoxicated and later comatose condition; and the revolver search was standard police procedure to protect the public from a weapon’s possibly falling into improper hands. “

In Florida, this doctrine can allow officers to stop a vehicle for a welfare check if driving patterns suggest the driver might be ill, impaired, or otherwise unfit, posing a danger. However, this is a frequently challenged area. As illustrated in one of the case summaries we reviewed earlier, merely driving slightly off-center within the lane, while otherwise operating safely, was deemed insufficient to justify a stop under this doctrine when dashcam footage contradicted the officer’s claims of more erratic driving. The stop was ruled unlawful, and the evidence suppressed.

Recent case law, like Caniglia v. Strom, has also clarified that community caretaking does not create a broad warrant exception for entering homes, signaling potential limits on its application elsewhere.

Caniglia Held:

“Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the home. Cady held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment. In reaching this conclusion, the Court noted that the officers who patrol the “public highways” are often called to discharge noncriminal “community caretaking functions,” such as responding to disabled vehicles or investigating accidents. 413 U. S., at 441. But searches of vehicles and homes are constitutionally different, as the Cady opinion repeatedly stressed. Id., at 439, 440–442. The very core of the Fourth Amendment’s guarantee is the right of a person to retreat into his or her home and “there be free from unreasonable governmental intrusion.” Florida v. Jardines, 569 U.S. 1, 6. A recognition of the existence of “community caretaking” tasks, like rendering aid to motorists in disabled vehicles, is not an open-ended license to perform them anywhere. “

If a stop is based purely on community caretaking, the officer’s justification will be closely scrutinized. If the court finds the stop lacked sufficient basis (i.e., no reasonable suspicion of a violation or a genuine, articulable welfare concern), any evidence gathered afterward may be suppressed.

During the Stop: Interaction and Initial Observations

Once stopped, the officer will approach your vehicle. You are legally required in Florida to provide your driver’s license, vehicle registration, and proof of insurance upon request.

The officer will likely ask questions, potentially including “Have you had anything to drink tonight?”. Here, your Fifth Amendment right against self-incrimination is critical. You have the right to remain silent and not answer potentially incriminating questions. It’s generally advisable to be polite but firm, stating something like, “Officer, I’d prefer not to answer any questions without my attorney present.”

While you interact, the officer is making observations:

  • Do they smell alcohol on your breath or in the car?
  • Are your eyes bloodshot or watery?
  • Is your speech slurred?
  • Are you fumbling with your documents?
  • Are there open containers visible in the car?

These observations, combined with the reason for the stop and your driving pattern, help the officer decide whether to escalate the encounter into a full DUI investigation.

Developing Probable Cause: Field Sobriety Exercises (FSEs)

If the officer suspects impairment based on initial observations, they will likely ask you to step out of the vehicle and perform Field Sobriety Exercises (FSEs), sometimes called “tests.” In Florida, the commonly used standardized FSEs (SFSTs) developed by NHTSA are:

  1. Horizontal Gaze Nystagmus (HGN): The officer checks for involuntary jerking of the eyes as they follow a stimulus (like a pen or finger).
  2. Walk-and-Turn: You’re asked to take nine heel-to-toe steps along a real or imaginary line, turn in a specific manner, and take nine steps back. The officer looks for indicators like losing balance, starting too soon, stopping while walking, missing heel-to-toe, stepping off the line, using arms to balance, improper turn, or incorrect number of steps.  
  3. One-Leg Stand: You’re asked to stand on one leg with the other foot raised about six inches off the ground for approximately 30 seconds. The officer looks for swaying, using arms to balance, hopping, or putting the foot down.

Crucially, in Florida, FSEs are VOLUNTARY. You are not legally required to perform them, and there is no direct administrative penalty (like license suspension) solely for refusing FSEs. Officers may not explicitly tell you they are voluntary. You can politely decline.

However, be aware that the fact of your refusal can potentially be mentioned in court as consciousness of guilt, though the defense can argue there are many innocent reasons to refuse (e.g., physical limitations, nervousness, poor conditions). Performing FSEs essentially provides the officer with more potential evidence to establish probable cause for arrest.

Pre-Arrest Breath Tests (PBTs)

The officer might also ask you to take a preliminary or portable breath test (PBT) at the roadside. This is a small, handheld device. Like FSEs, submitting to a PBT in Florida is generally voluntary before an arrest. Refusing a PBT does not carry the same Implied Consent penalties as refusing a post-arrest chemical test (discussed next). PBT results are often used by officers to help establish probable cause but may have limited admissibility in court for proving your specific Blood Alcohol Content (BAC).

The Arrest Decision: Probable Cause

To arrest you for DUI in Florida, an officer must have probable cause. This is a higher standard than reasonable suspicion. Probable cause means having enough trustworthy facts and circumstances within the officer’s knowledge to lead a reasonable person to believe that you were driving or in actual physical control of a vehicle while under the influence of alcohol or drugs to the extent that your normal faculties were impaired, or that your BAC was 0.08% or higher.

Probable cause is based on the “totality of the circumstances,” including:

  • The reason for the stop (traffic violation, erratic driving)
  • Your appearance and demeanor (odor of alcohol, slurred speech, etc.)
  • Your statements (admissions to drinking)
  • Your performance on FSEs (if performed)
  • PBT results (if taken)
  • Any other relevant evidence

Post-Arrest: Florida’s Implied Consent Law  

Once arrested for DUI, a critical law comes into play: Florida’s Implied Consent Law.

This law states that by accepting the privilege of driving in Florida, you automatically consent to submit to an approved chemical test (usually breath, sometimes blood or urine under specific circumstances) after you have been lawfully arrested for DUI. The purpose is to determine your BAC or the presence of drugs.

The officer is required to read you the Implied Consent warnings, explaining the consequences of refusal.

Consequences of Refusing the Post-Arrest Test:

Refusing the official chemical test after a lawful arrest carries significant administrative penalties, separate from any criminal DUI penalties:

  • First Refusal: Your driver’s license will be suspended for one year.
  • Second or Subsequent Refusal: Your license will be suspended for 18 months, and it constitutes a separate first-degree misdemeanor crime.

Importantly, this refusal can also be used against you in your criminal DUI trial as evidence suggesting consciousness of guilt. There are extremely limited hardship license options available after a second or subsequent refusal suspension.

This puts drivers in a difficult position: submit to the test and potentially provide conclusive evidence of impairment, or refuse and face mandatory license suspension and potential criminal charges for the refusal itself. Consulting with an attorney immediately is vital.

Beyond the Roadside: Searches of Property and the Curtilage Doctrine

DUI investigations don’t always stay confined to the roadside. Sometimes, officers might follow a suspected impaired driver home or encounter them on their property. This brings us back to heightened Fourth Amendment protections, especially concerning your home and the area immediately surrounding it, known as “curtilage.”

Curtilage is legally considered part of your home for Fourth Amendment purposes. The U.S. Supreme Court in United States v. Dunn outlined four factors to determine if an area is curtilage:  

  1. Proximity to the home.
  2. Whether the area is within an enclosure surrounding the home (like a fence).
  3. The nature of the uses to which the area is put.
  4. Steps taken by the resident to protect the area from observation by passersby.

Dunn Held:

“The area near the barn is not within the curtilage of the house for Fourth Amendment purposes. Extent-of-curtilage questions should be resolved with particular reference to the following four factors, at least to the extent that they bear upon whether the area claimed to be curtilage is so intimately tied to the home itself that it should be placed under the home’s “umbrella” of protection: (1) the proximity of the area to the home; (2) whether the area is within an enclosure surrounding the home; (3) the nature and uses to which the area is put; and (4) the steps taken Page 480 U. S. 295 by the resident to protect the area from observation by passersby. “

In 2025, Florida law also recognizes curtilage, often defined simply as the “yard,” but its protection is significant. Entry into the curtilage without a warrant or a valid exception is generally an illegal search.

Consider the first case summary we reviewed: Deputies followed truck tracks from a ditch onto the defendant’s property, entering an area near a barn at the rear, concealed by a long driveway and foliage. The court found this area was curtilage. Since the deputies lacked a warrant, their entry was presumptively illegal unless an exception applied. The court examined potential exceptions:

  • Exigent Circumstances: An emergency situation requiring immediate action (e.g., preventing imminent destruction of evidence, escape, or harm). The court found minor offenses like leaving the scene or DUI generally do not create sufficient exigency to justify warrantless entry into a home or curtilage, citing principles from Welsh v. Wisconsin.
  • Emergency Aid: Allows entry to help someone seriously injured or threatened with such injury. The standard is objective (Brigham City v. Stuart). In the case summary, the court doubted the deputies’ claims they saw the defendant slumped over and noted bodycam footage contradicted their narrative, suggesting the entry wasn’t truly for aid.
  • Fresh Pursuit: Generally requires continuous, uninterrupted pursuit of a fleeing felon. Not applicable when the defendant was already home.

Because no valid exception applied, the deputies’ entry onto the curtilage was unlawful, leading to the suppression of evidence found as a result. This highlights the robust protection afforded to one’s home and its immediate surroundings.

Challenging the Evidence: The Motion to Suppress

If law enforcement violated your constitutional rights at any stage – the stop, the search, the arrest, the questioning – the primary way to fight back in court is through a Motion to Suppress. This is a formal request asking the judge to exclude illegally obtained evidence from being used against you at trial.

Common grounds for suppression motions in Florida DUI cases include:

  • Lack of Reasonable Suspicion for the Stop: Arguing the officer didn’t have a valid, articulable reason to pull you over initially (like the community caretaking stop based on minimal driving issues).
  • Lack of Probable Cause for Arrest: Arguing the officer didn’t have sufficient evidence to justify the DUI arrest before invoking Implied Consent.
  • Illegal Search: Challenging warrantless searches of your person, vehicle, or property/curtilage without a valid exception.
  • Improperly Administered FSEs: While voluntary, if performed, arguing the tests weren’t administered according to standardized procedures, making results unreliable.
  • Issues with Chemical Tests: Problems with machine calibration, operator certification, testing procedures, or chain of custody.
  • Miranda Violations: If you were questioned while in custody without being read your Miranda rights, your incriminating statements may be suppressed.

The legal principle behind suppression is the Exclusionary Rule, established in cases like Mapp v. Ohio. It mandates that evidence obtained through constitutional violations must be excluded. This includes “fruit of the poisonous tree” – evidence discovered later as a direct result of the initial illegality.

If a Motion to Suppress is granted regarding key evidence (like the stop itself, breath test results, or incriminating statements), it can severely weaken the prosecution’s case, often leading to reduced charges or even dismissal. Both case summaries discussed earlier resulted in granted motions to suppress, demonstrating the power of this defense tool.

Key Florida DUI Statutes at a Glance

  • Section 316.193, Florida Statutes: Defines DUI, prohibits driving or being in actual physical control while impaired or with a BAC of 0.08 or higher, and outlines criminal penalties (fines, jail, probation, vehicle impoundment, etc.). Penalties increase significantly for repeat offenses or aggravating factors (high BAC, minor in vehicle, accident with injury/death).
  • Section 316.1932, Florida Statutes: Implied Consent Law (discussed above).
  • Section 316.1933, Florida Statutes: Procedures for mandatory blood testing in cases involving death or serious bodily injury.
  • Section 316.1934, Florida Statutes: Legal presumptions based on BAC levels (e.g., BAC 0.08 or higher creates a presumption of impairment).

Practical Steps: What To Do If Stopped for DUI in Florida

While every situation is unique, here are general guidelines:

  1. Pull Over Safely: Signal and pull over to a safe location as soon as possible. Turn off the engine, turn on interior lights at night, and keep your hands visible on the steering wheel.
  2. Be Polite: Remain calm and courteous, but don’t volunteer information. Rudeness won’t help.
  3. Provide Documents: Hand over your license, registration, and insurance when asked.
  4. Invoke Your Right to Remain Silent: You don’t have to answer questions like “Where are you coming from?” or “Have you been drinking?”. You can politely state, “I wish to exercise my right to remain silent” or “I won’t answer questions without my attorney.”
  5. Refuse Field Sobriety Exercises: Politely decline to participate in FSEs. State clearly, “I decline to take any field sobriety tests.”
  6. Refuse Pre-Arrest PBT: Politely decline any roadside portable breath test before an arrest.
  7. Implied Consent Decision (Post-Arrest): This is complex. Understand the severe consequences of refusal (mandatory license suspension, separate crime for repeat refusals). Weigh this against providing potentially damning evidence. This is a critical point to discuss with an attorney ASAP.
  8. Do Not Consent to Searches: Do not give consent to search your vehicle or your person. Police need probable cause or a warrant. Simply state, “Officer, I do not consent to any searches.” (Note: They may still search under certain exceptions like search incident to arrest or the automobile exception if they independently establish probable cause).
  9. Contact an Attorney Immediately: If arrested, contact a qualified Florida DUI defense attorney as soon as possible. They can advise you on the implied consent decision, protect your rights during questioning, and begin building your defense.

Conclusion: Knowledge is Power

A DUI charge in Florida is daunting, but it doesn’t automatically mean conviction. The encounter, from the initial stop to the chemical test, is governed by complex legal standards and constitutional protections. Understanding the requirements for reasonable suspicion and probable cause, the limits on police actions under doctrines like community caretaking, the heightened protection of your home’s curtilage, and your rights regarding questioning and testing is crucial.

Challenging potentially illegal police conduct through motions to suppress is often the most effective defense strategy. As the case summaries illustrated, successful challenges based on violations of Fourth Amendment rights can lead to the exclusion of critical evidence and potentially favorable outcomes.

If you are facing DUI charges in Florida, do not navigate the legal system alone. The stakes are too high. Consult with an experienced Florida DUI defense attorney immediately to understand your specific situation and explore all available defenses.

Original Post from 2011 Updated to 2025

Traffic Stop
Tampa DUI Defense Attorney has been reviewing a recent Driver’s license suspension case involving a Suspension for Driving under influence. The court addressed the Lawfulness of a traffic stop where the Officer was acting outside of the jurisdiction of the law enforcement agency. The stop was based upon Speeding and a lane change to go around another vehicle. The court ruked that activity did not constitute a breach of peace that could justify an officer stopping a vehicle outside of his jurisdiction. The cop claimed he was making a citizen’s arrest. The police submitted no evidence that there was a mutual aid agreement. License suspension was not valid.
 
Bad Traffic Stop in Your Case? Call 1-877-793-9290 .
 
Case Excerpts:
 
“The initial issue for consideration is whether Officer Waldrep of the Neptune Beach Police Department had legal authority to stop Ms. Smyth within the jurisdiction of the City of Jacksonville when he was not in fresh pursuit or effecting a citizen’s arrest due to erratic driving which constituted a breach of the peace.”
 
“The appellate courts which have considered the issue of what constitutes “erratic driving” have held that much more is required for a citizen’s arrest of an erratic driver. See Edwards v. State, 462 So.2d 581 (Fla. 4th DCA 1985); State v. Furr, 723 So.2d 842 (Fla. 1st DCA 1998) [23 Fla. L. Weekly D2514a]; State v. Pipkin, 927 So.2d 901 (Fla. 3d DCA 2005) [30 Fla. L. Weekly D2558a].”
 
“The Court finds that there was no competent substantial evidence to support the stop of the petitioner by Officer Waldrep either as a police officer or as an ordinary citizen. The Petition for Writ of Certiorari is granted, the decision of the Hearing Officer is quashed and the Order of Suspension of the Driving Privilege of the Petitioner is vacated and set aside.”
 
Source: FLWSUPP 1802SMYT

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