Can the Officer’s Failure to Follow Proper Procedures Invalidate Field Sobriety Tests in Florida?

June 2, 2025

When Police Procedures Are Ignored, Your DUI Defense May Stand Stronger — Here's What You Need to Know

If you've been arrested for driving under the influence (DUI) in Florida, the situation is likely overwhelming. You may feel like the evidence against you — whether it's a breath test, blood test, or field sobriety test — is insurmountable. But the truth is, even the most reliable tests can be invalidated if the police officer didn't follow the proper procedures during the arrest or testing process. This is where your defense attorney comes in — we have the tools and knowledge to identify when procedures were violated and challenge the evidence that may have been improperly gathered.

In this article, I'll explain how an officer's failure to follow proper procedures can impact the validity of DUI tests, the relevant Florida statutes that apply, and why you need a private attorney to defend your rights effectively. I'll also share a real-life case where we won by challenging procedural mistakes made by the police. Let's dive into this critical issue that can be the key to your defense.

Understanding the Importance of Proper Procedures

When law enforcement suspects that you are under the influence, they are required to follow specific procedures during the arrest and testing process. If these procedures are not followed, the results of breathalyzer tests, blood tests, or field sobriety tests may be invalidated in court.

It's important to understand that these tests are not infallible. They can be challenged if the police officer doesn't adhere to the guidelines set forth in Florida law and administrative rules. These mistakes can provide you with the opportunity to fight the charges or even have the case dismissed.

Florida Statutes Governing DUI Procedures

Florida’s DUI laws are set forth primarily under Florida Statutes § 316.193 and Florida Statutes § 316.1932, which govern impaired driving and the implied consent law. These statutes lay out the expectations for law enforcement when it comes to collecting evidence and conducting DUI investigations. Here are the critical sections that directly impact the procedures used to test a driver’s impairment:

§ 316.193 – Driving under the influence:
- This statute makes it illegal to drive or be in actual physical control of a vehicle while impaired by alcohol, drugs, or a combination of both.
- The statute defines impairment and outlines the penalties for DUI offenses.
§ 316.1932 – Tests for alcohol, chemical substances, or controlled substances:
- Under this statute, any person arrested for a DUI must submit to a chemical test (blood, breath, or urine) to determine the blood-alcohol content (BAC) or the presence of drugs.
- If an officer fails to properly inform the driver of their rights or fails to follow proper testing protocols, the results can be invalidated.

Can Police Procedural Failures Impact DUI Test Results?

Yes, procedural failures can invalidate DUI test results in Florida. This is why the role of a defense lawyer is critical: when an officer makes mistakes, it could mean the difference between a conviction and a dismissal. Here are several key areas where officers may fail to follow proper procedures:

1. Improper Administration of the Breathalyzer Test

The breathalyzer test is one of the most common methods used in DUI cases, but it is highly sensitive and must be administered in accordance with strict guidelines. If an officer fails to follow these guidelines, the results can be called into question.

Florida law requires that:

The breath test machine must be properly calibrated and maintained.
The officer must observe the suspect for a minimum of 20 minutes before administering the test. This observation period is crucial to ensure the suspect does not ingest anything that could affect the results.
The suspect must be provided with a chance to challenge the test or request a second test if there's a question about the first test.

If the officer fails to observe the 20-minute waiting period, administer the test properly, or ensure the machine was calibrated correctly, the breath test results may not be valid.

Real-Life Case Example:

In one case I handled, my client was arrested for DUI, and the officer administered a breathalyzer test. However, the officer failed to observe the 20-minute waiting period, as required by Florida law. I was able to challenge the validity of the breath test based on this procedural violation, and the charges were reduced because the prosecution couldn't rely on the breath test results.

2. Failure to Inform the Defendant of Their Rights

Under Florida Statutes § 316.1932, if you refuse to take a breath test, you must be informed of the consequences of that refusal, including automatic suspension of your driver's license.

If an officer fails to properly inform you of these consequences, it can invalidate the refusal charge, which means the state may not be able to use your refusal as evidence against you.

If you were not informed properly about the consequences, a defense attorney may be able to argue that your refusal was not voluntary.

3. Improper Field Sobriety Tests (FSTs)

Field sobriety tests (FSTs) are used by officers to evaluate whether a driver is impaired. These tests are subjective, and officers may sometimes fail to properly administer or evaluate them.

Florida law requires that:

FSTs must be administered consistently and according to the National Highway Traffic Safety Administration (NHTSA) guidelines.
The environment must be safe and free of distractions.
The officer must evaluate the results properly—mistakes in evaluating the test can lead to unreliable conclusions.

If the officer fails to follow proper procedures, such as administering the tests on a safe, flat surface or evaluating the results using the proper criteria, the evidence could be deemed unreliable.

Real-Life Case Example:

I once represented a client who was arrested based on poor performance in a field sobriety test. Upon reviewing the video of the test, I found that the officer had conducted the test in an unsafe, uneven area and had failed to give proper instructions. I filed a motion to suppress the FST evidence, and the court ruled in our favor, dismissing the DUI charge.

4. Improper Blood and Urine Testing

Blood and urine tests are sometimes used in DUI cases, especially when drugs are involved. These tests are more invasive and require strict procedures. If the officer fails to follow proper protocol when collecting, handling, or testing blood or urine samples, the results can be invalidated.

The procedures that must be followed include:

Proper chain of custody: The blood or urine sample must be properly documented from collection to analysis to prevent tampering.
Proper handling: The samples must be stored in appropriate conditions to preserve their integrity.
Qualified personnel: The test must be conducted by qualified medical professionals in certified laboratories.

If any of these steps are skipped or handled improperly, the results of the blood or urine test may be inadmissible in court.

Why You Need a Private Attorney to Challenge DUI Evidence

Given the importance of procedural correctness, you need a lawyer who is experienced with DUI defense in Florida to ensure that your case is handled properly. A private defense attorney will:

Examine every aspect of the officer's procedure: From the breathalyzer calibration to the administration of field sobriety tests, I will scrutinize everything.
Identify procedural violations: If the officer made an error during any part of the testing process, I'll find it and use it to your advantage.
Challenge evidence effectively: Whether it's breath, blood, or field sobriety test results, I'll ensure that any improperly gathered evidence is excluded from your case.

In my years of practice, I've helped numerous clients avoid DUI convictions simply by challenging the procedures followed by law enforcement. For example, I recently won a case where the officer failed to observe the proper waiting period before administering a breath test. Without that critical evidence, the state had no case against my client, and the charges were dropped.

Facing a DUI Charge in Florida?

When facing a DUI charge in Florida, you shouldn't simply accept the evidence presented against you. The law requires strict adherence to procedural rules for a reason — and if those rules are violated, the evidence can be invalidated. That's why it's so important to have an experienced private attorney who knows how to challenge the procedures and protect your rights.

A strong defense could mean the difference between a conviction and a dismissal. If you've been arrested for DUI, don't wait—contact me immediately so we can start building your defense.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Can Officer's Procedural Mistakes Invalidate DUI Tests?

Can the breathalyzer test be invalidated if the officer didn't follow the procedure?

Yes. If the officer didn't properly follow the required steps, such as not observing the suspect for 20 minutes before administering the breath test, or if the breathalyzer was not properly calibrated, the results of the test may be inadmissible in court.

What happens if the officer didn't inform me of the consequences of refusing a test?

If the officer fails to properly advise you about the consequences of refusing a chemical test, that can be grounds to challenge the refusal charge and potentially have the suspension of your license lifted or your case dismissed.

Can I challenge field sobriety tests in Florida?

Yes. Field sobriety tests are subjective, and if the officer didn't administer the tests correctly or under the right conditions, you can challenge their validity in court.

How does the chain of custody affect blood and urine tests in DUI cases?

If there's any break in the chain of custody or the sample was not properly handled or stored, the test results can be challenged and potentially excluded from the case.

Do I need a lawyer to challenge DUI evidence?

Yes. A lawyer can help you identify procedural mistakes and file motions to exclude evidence. They will ensure that your rights are protected throughout the process.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation