A Florida DUI Attorney Explains When Swerving Leads to a Legal Stop and How These Cases Are Fought in Court

When people call me after a DUI arrest, many say the same thing. They were pulled over because the officer claimed they were “swerving” or “unable to maintain a lane,” even though they never crossed a line, broke a traffic rule, or created danger. Florida drivers often assume that if they did not violate a law, the officer had no right to stop them. Unfortunately, the truth is more complicated, and officers sometimes use vague observations to justify pulling someone over. That is where suppression strategies become vital, and why having a private attorney from the start can change the entire direction of the case.

I have fought many DUI stops where the officer said my client touched a lane marker, drifted slightly, or “appeared distracted.” These observations may not be enough to create reasonable suspicion. When I challenge them, courts often agree there was no lawful basis for the stop. If the stop is suppressed, every piece of evidence that followed, from field sobriety tests to breath results, can be thrown out. The goal is always the same, to protect your rights and position the case for dismissal or reduced charges.

To understand how I build these defenses, it helps to look at the laws that govern traffic stops and DUI investigations in Florida.

Florida Laws That Control Traffic Stops Based on Swerving

Florida officers must have reasonable suspicion that a traffic law was violated or that criminal activity is underway before they can legally stop a vehicle. Reasonable suspicion must be based on specific facts, not assumptions or guesses.

Several statutes come into play during DUI stops involving swerving.

Section 316.1925, Florida Statutes, Careless Driving

Quoting the relevant part:

“Any person operating a vehicle upon the streets or highways of this state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.”

This statute is often used by officers to justify a stop when they cannot point to a more specific violation. Simply drifting within your lane is usually not enough to prove careless driving. Courts have held that officers may not pull someone over unless the driving pattern suggests danger or lack of control.

Section 316.089, Florida Statutes, Driving on Roadways Laned for Traffic

Quoting the relevant part:

“A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”

The phrase “as nearly as practicable” is key. It recognizes that perfect lane control is impossible. A minor drift that does not pose danger or cross lane lines does not automatically justify a stop.

Section 316.193, Florida Statutes, Driving Under the Influence

Portions of this statute control the investigation that follows a stop. Officers must still establish reasonable suspicion before expanding the stop into a DUI investigation.

Relevant quoted text:

“A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle and... the person is under the influence of alcoholic beverages... to the extent that the person’s normal faculties are impaired... or the person has a blood alcohol level of 0.08 or more.”

The key point is this, unless the officer had lawful grounds to initiate the stop, none of the evidence collected under this statute is valid.

When Swerving Does NOT Justify a Traffic Stop in Florida

I routinely argue that swerving alone does not create reasonable suspicion unless the officer can show:

  • The vehicle crossed a lane line multiple times
  • The drifting created danger
  • The officer observed more than one minor deviation
  • The driving pattern suggested impairment

If someone drifts within their lane once or twice, or if the movement is minimal, the court may find the stop unlawful.

Florida courts have even issued rulings stating that:

  • Touching a lane line is not illegal
  • Isolated drifting does not equal impairment
  • Officers must justify the stop with more than a hunch

These points form the backbone of many suppression motions I file. When a judge agrees that the stop lacked legal basis, the case can fall apart quickly.

How Police Use Swerving to Justify DUI Investigations

Some officers use “swerving” as a catch all phrase to justify contacting a driver they want to investigate further. They may write in the report that the driver:

  • Drifted toward the shoulder
  • Slightly moved inside the lane
  • Adjusted their position after a pothole
  • Looked down briefly
  • Appeared distracted

These observations are not always enough to warrant a stop. When I question officers in court, they often admit that the driver never broke a law. That admission can be powerful.

Once the stop occurs, officers may escalate quickly by:

  • Asking accusatory questions
  • Ordering field sobriety tests
  • Requesting a breath test

But if the stop itself was unlawful, everything that followed can be suppressed.

Building a Strong Suppression Defense as a Florida DUI Attorney

A suppression motion argues that the officer lacked reasonable suspicion for the stop or probable cause for arrest. This is one of the most effective strategies in DUI defense.

I use several tools to build these motions:

1. Reviewing dash cam and body cam video

Videos often contradict the officer’s written report. Many clients swerved far less than claimed.

2. Obtaining CAD and GPS data

This reveals the officer’s actual observations, timing, and location.

3. Analyzing officer training

Some officers improperly apply NHTSA guidelines or rely on outdated interpretations.

4. Highlighting inconsistent statements

If the report says one thing but the video shows another, the judge will notice.

5. Demonstrating normal driving conditions

Road debris, construction, weather, or other vehicles can explain small lane deviations.

When I build these arguments, I present a clear picture that the stop was unlawful from the very beginning.

How Judges Evaluate Swerving Based Stops

Most judges look for the same key points:

  • Was the driving actually dangerous
  • Did the client commit a clear violation of a specific statute
  • Did the officer exaggerate the driving behavior
  • Was the client simply avoiding hazards or reacting to normal traffic conditions

If the officer cannot articulate specific facts showing risk, danger, or impaired behavior, judges often strike the stop and suppress evidence.

This is why legal representation is essential. Someone without a private attorney rarely has the ability to obtain video, analyze data, question the officer effectively, or prepare a suppression argument that stands up in court.

A Real Case Example From My Florida DUI Practice

A client in Pinellas County hired me after being stopped late at night on U.S. 19. The officer stated in the report that my client was “unable to maintain a lane” and that he saw “multiple swerving movements.” After the stop, the officer conducted field sobriety tests and arrested my client for DUI.

When I obtained the dash cam video, the truth was clear. My client touched the right lane line one time while passing a bicycle that was riding close to traffic. He never crossed the line, never drifted more than a few inches, and never created danger.

I filed a suppression motion arguing that:

  • The single lane deviation was minor
  • The deviation occurred while safely avoiding a cyclist
  • The statute allows normal lane adjustments
  • The officer lacked reasonable suspicion to stop the vehicle

At the hearing, the judge watched the video, questioned the officer, and agreed that the stop was unlawful. The court suppressed the evidence, and the prosecutor dismissed the case. My client avoided a DUI conviction, avoided a license suspension, and kept his career on track.

Without fast action and strong suppression strategy, he would have faced significant penalties based on a stop that was never justified.

Why You Need a Private Attorney for Swerving Based DUI Stops

DUI suppression cases are some of the most technical and detail driven matters in criminal defense. A private attorney brings several advantages:

  • Immediate access to video evidence
  • Ability to challenge officer testimony
  • Resources to investigate road conditions and traffic patterns
  • Experience drafting complex suppression motions
  • Skill questioning officers during hearings
  • Ability to negotiate from a position of strength when a suppression issue exists

I am often able to resolve cases without a conviction because suppression arguments place pressure on the state. Prosecutors understand that if the stop is thrown out, the case collapses.

Without a private attorney, these opportunities are missed. Many people plead guilty without ever realizing their stop was illegal.

Can police pull me over for touching a lane line in Florida?

Touching a lane line is not illegal by itself. Florida law requires maintaining a lane as nearly as practicable, which recognizes that perfect driving is impossible. A single touch of the line is usually not enough to justify a stop. I often show judges that the officer exaggerated or misunderstood what happened.

What if I only swerved once, can that still justify a DUI stop?

One minor swerve usually does not create reasonable suspicion. Courts want to see a pattern of unsafe driving. When I present video evidence showing minimal deviation, judges often suppress the stop. Officers sometimes rely on vague descriptions when they have no actual violation to report.

What if the officer claims I swerved but there is no video?

Lack of video does not hurt your case. In fact, it often helps because the officer must rely entirely on memory. I challenge inconsistencies, timing issues, and assumptions. Prosecutors understand that without video, proving a lawful stop becomes much harder.

Can the officer expand a simple swerving stop into a full DUI investigation?

Only if the officer can point to additional facts suggesting impairment, such as odor, slurred speech, delayed responses, or other signs. If the officer used swerving as a pretext to begin a DUI fishing expedition, a suppression motion may succeed.

What happens if the judge agrees the stop was unlawful?

If the stop is ruled unlawful, all evidence gathered after the stop, including field sobriety tests, breath tests, and statements, can be suppressed. This usually results in dismissal or major reductions. Suppression is one of the strongest defenses in DUI cases.

Can swerving be caused by something innocent like avoiding debris or adjusting the radio?

Yes, and I frequently use these explanations in court. Road conditions, distractions, weather, or other vehicles often explain slight movements. When I show that the behavior was normal and not dangerous, the state’s case falls apart.

Will I lose my license if my DUI case is dismissed due to an unlawful stop?

A dismissal due to suppression usually leads to favorable administrative results as well. I handle both the criminal case and the DMV hearing to protect your driving privileges. When the stop is unlawful, it strengthens both sides of the defense.

Is it possible to win a DUI case based on an unlawful stop even if I failed field sobriety tests?

Yes. If the stop lacked legal grounds, the court must exclude everything that occurred afterward. Failures or poor performance on tests become irrelevant. I have won many cases where the tests looked unfavorable but the stop itself was unconstitutional.

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

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 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.