DUI Traffic Stops 

Getting pulled over for a DUI is an intimidating experience, as there are some pretty serious consequences if you are arrested and ultimately convicted. However, it’s important to remember that law enforcement officers must respect your constitutional rights and follow the proper protocol for any evidence they seize to be used against you in court. At Russell D. Bernstein, P.A., our Broward County DUI defense lawyer is dedicated to defending motorists against potentially life-changing DUI charges. Attorney Bernstein has over 27 years of personal, hands-on experience developing compelling defenses to DUI charges and securing the best possible result on behalf of his clients. 

The DUI Traffic Stop Process

A DUI traffic stop generally begins with an officer observing a motorist’s behavior and making the decision to pull them over. Florida law allows officers to conduct a stop if they have reasonable suspicion of impaired driving or if the officer witnesses a traffic violation. Common reasons for initiating a DUI stop include:

• Swerving between lanes
• Driving significantly under or over the speed limit
• Ignoring traffic signals or signs
• Reports from other drivers of erratic behavior

Once an officer stops your vehicle, they are immediately going to look for additional signs of impairment, such as slurred speech, the smell of alcohol, or bloodshot eyes. If an officer observes signs of impairment, they will likely ask you to perform field sobriety tests or submit to a breathalyzer test.

Of course, by the time the officer pulls you over, they have already developed the belief that you’re intoxicated. So, while you may have an innocent explanation for what the officer believed to be signs of impairment, chances are they aren’t going to buy it. 

Your Rights During a DUI Traffic Stop

While a DUI stop can be terrifying, it’s critical that you understand your rights, which include:

1. You are not required to answer questions about alcohol consumption. If you choose, you can politely state that you wish to remain silent. However, you are required to answer basic questions and to provide the officer with your driver’s license, registration, and proof of insurance. 
2. You can refuse field sobriety tests. Field sobriety tests (“FSTs”) are subjective, and their results are often used to build the case against you. While refusing FSTs may have the effect of confirming the officer’s suspicions that you are intoxicated, by not taking the FSTs you prevent the government from using any poor performance against you, had you taken them and shown signs of impairment. 
3. You have the right to refuse a breathalyzer test. You do have the right to refuse a breathalyzer test; however, unlike FSTs, refusing will likely lead to an automatic suspension of your license. This is because Florida has an implied consent statute that assumes anyone driving on a public road will consent to a valid request to submit to chemical testing. 

As is often the case when interacting with police officers, it’s generally best to maintain a polite demeanor without talking too much. 

Common Defenses in DUI Cases

If you are arrested for DUI, the circumstances of the traffic stop may give rise to several different defenses. At Russell D. Bernstein, P.A., one of the first things we do in a DUI case is evaluate the traffic stop to determine the possible defenses.

Lack of Probable Cause

Law enforcement must have a valid reason to pull you over and then have probable cause to arrest you for DUI. If the officer cannot provide evidence of reckless driving, a traffic violation, or clear signs of impairment, the stop or arrest may have been unlawful. In these situations, your Broward County DUI defense attorney will likely file a motion to suppress evidence obtained during the stop, which could lead to the dismissal of your case.

Improperly Performed Field Sobriety Tests

Field sobriety tests are notoriously unreliable. Many factors, including medical conditions, poor lighting, uneven pavement, or even nervousness, can affect your performance. If the officer did not properly administer the tests according to standardized procedures, the results could be challenged in court.

Breathalyzer and Blood Test Issues

Breathalyzer devices must be regularly calibrated and properly maintained to ensure accurate results. If the device was not functioning correctly or the officer administering the test did not follow the required protocols, the results may be inadmissible. Additionally, blood test results could be challenged if the sample was mishandled, improperly stored, or contaminated.

Violations of Your Rights

Law enforcement must respect your constitutional rights during a DUI stop. If you were subjected to an unlawful search, improper questioning without being advised of your Miranda rights, or coercion to provide a breath or blood sample, these violations may provide grounds for a defense.

If You’ve Been Charged with a Broward County DUI, Russell D. Bernstein, P.A. Has Your Back 

If you are facing a DUI charge in Broward County or anywhere in Florida, don’t face the legal process alone. At Russell D. Bernstein, P.A., we command an in-depth understanding of Florida DUI law and are committed to providing you with a strong legal defense. We will work tirelessly to explore all possible defenses and secure the best possible outcome for your case. Contact Russell D. Bernstein, P.A., to discuss your case and get started working on a compelling defense to the charges you face. You can reach us by calling 954-401-3899 or by filling out our secure online contact form.