What Officers Look For the Moment They Pull You Over

As a Florida DUI Defense Lawyer, I’ve handled hundreds of DUI cases across the state, and there’s one truth I see over and over again—many arrests begin with a traffic stop that had nothing to do with impaired driving. Maybe you drifted slightly over the centerline, had a taillight out, or simply forgot to use your signal. That’s all it takes. Once those blue lights flash, the officer begins watching everything you do and say, searching for clues that justify a DUI investigation.

You may have been polite, clear-headed, and calm, yet still ended up in handcuffs. Why? Because law enforcement is trained to observe and record minor details that they can use to claim "probable cause." I know these tactics. I understand how quickly they can turn an ordinary stop into a full-blown criminal case. My job is to challenge those assumptions and fight back with facts.

Florida DUI Law: The Statute Police Are Trying to Enforce

The core DUI statute in Florida is Florida Statutes § 316.193. Here is the relevant language:

“A person is guilty of the offense of driving under the influence and is subject to punishment… if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance… or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”

Police must establish probable cause before making an arrest or requiring a breath, blood, or urine test. But how do they build that probable cause? That’s where their tactics come in.

Tactic 1: The Innocent Traffic Violation

Police rarely pull someone over and say they suspect DUI from the outset. They typically start with a basic traffic infraction—speeding, rolling through a stop sign, a broken tag light, or drifting in your lane. This “pretextual stop” gives them the legal right to approach your car. Once at your window, their real evaluation begins.

This is where having a private DUI attorney becomes crucial. Most people don’t realize that the entire case may hinge on whether that initial stop was even valid. If we can show the stop lacked a lawful basis, everything that followed may be suppressed.

Tactic 2: Observing Your Demeanor and Speech

Once the officer is speaking with you, they will take detailed mental (and often written) notes. They are trained to report things like:

  • Odor of alcohol coming from the vehicle or your breath
  • Red or glassy eyes
  • Slurred or mumbled speech
  • Fumbling for documents
  • Nervousness or agitation

These subjective observations can be exaggerated or misinterpreted. For example, allergy symptoms or fatigue can cause red eyes. Being pulled over by police is stressful for anyone, which can make your hands shake or your voice unsteady. These observations are not proof of intoxication, yet they are often used as the foundation for further testing.

As your DUI defense lawyer, I gather video footage, bodycam evidence, and dashcam video to compare what the officer reported to what actually happened. If the narrative doesn’t match the reality, we push back hard.

Tactic 3: Asking Leading Questions

Another tactic officers use is verbal. They’ll ask where you’re coming from, whether you’ve had anything to drink, and what time you last ate. These aren’t just casual questions. They are designed to lock you into statements that may later be used against you. If you answer inconsistently or admit to drinking at all, they’ll consider it justification to proceed with field sobriety tests.

You have the right to remain silent. And you should. But if you’ve already spoken to police, I can still build your defense by analyzing the context of those answers and whether your rights were violated in the process.

Tactic 4: The Field Sobriety Tests

If the officer decides to escalate, you’ll be asked to perform field sobriety tests. These include:

  • Horizontal Gaze Nystagmus (HGN)
  • Walk-and-turn
  • One-leg stand

These tests are difficult under normal conditions. Poor lighting, uneven pavement, nerves, injuries, age, and even footwear can cause a completely sober person to “fail.” These tests are voluntary, but officers rarely explain that. Most drivers believe they must comply.

I’ve cross-examined officers in court who claimed my client failed these tests, only to have the footage show something entirely different. I look for every flaw in the instructions, setup, and scoring of those exercises.

Tactic 5: Using Portable Breath Tests as Leverage

Florida officers may use a portable breath test (PBT) device at the roadside. While the results are generally not admissible in court, they use them to bolster probable cause. Even a reading slightly below 0.08 can lead to arrest if the officer claims your “faculties were impaired.”

Once arrested, you’re taken to the station or a testing facility, where an official breath test is performed. If you refuse, you face an automatic license suspension—but that can also weaken the prosecution’s case.

As your lawyer, I examine whether the implied consent law was properly explained, whether you were coerced, and whether the device was properly maintained and operated. If any of these steps were mishandled, we can challenge the result or even move to have it excluded.

Real Case Example: DUI Arrest Dismissed Due to Faulty Field Sobriety Evidence

A client of mine in Hillsborough County was pulled over for drifting within her lane late at night. The officer claimed her eyes were red and she appeared confused. He asked if she had been drinking. She replied, “I had wine with dinner, hours ago.” He proceeded with field sobriety tests in a dark, uneven parking lot wearing high heels.

The officer claimed she failed the tests and arrested her. At the station, she blew a 0.07. Even though the result was under the legal limit, she was still charged with DUI based on “impairment.”

After reviewing the dashcam and bodycam footage, I filed a motion to suppress the field sobriety test results due to poor lighting, improper instructions, and unsafe conditions. The court agreed. With no admissible evidence left, the State dropped the DUI charge. She avoided a conviction, license suspension, and thousands in fines and insurance hikes.

This is why having a private attorney—one who focuses specifically on DUI defense—can be the difference between a conviction and a dismissal.

Why Police Tactics Can Be Challenged in Court

Many people believe that if the officer made an arrest, the case is already lost. That’s false. Everything from the initial stop, to the officer’s observations, to how the tests were conducted, must be supported by facts and handled according to the law. When I represent someone accused of DUI, I review every step the officer took. If any part of the process was flawed, I act immediately to get evidence suppressed or charges reduced.

Florida law does not allow convictions based on assumptions. The prosecutor must prove impairment beyond a reasonable doubt. And that is a standard I challenge at every level.

Additional Florida Statutes That May Apply

In addition to § 316.193, the following statutes often come into play:

  • § 901.151 (Florida Stop and Frisk Law) – Dictates how officers must justify a stop based on suspicion
  • § 316.1932 (Implied Consent Law) – Establishes your legal obligation to submit to testing under certain conditions
  • § 322.2615 – Covers administrative license suspension following arrest or test refusal

Each of these laws has legal requirements. If the police or State violate any of them, it creates an opportunity for a dismissal or significant reduction of charges. This is where hiring a private defense attorney gives you a real advantage.

Florida DUI Defense Lawyer FAQs: What Drivers Should Know About Probable Cause Tactics

What is “probable cause” in a DUI stop?

Probable cause is the legal standard an officer must meet to make an arrest. It means the officer has enough evidence to reasonably believe a crime was committed. In a DUI stop, this can include your driving pattern, your appearance, your statements, field sobriety test results, or other observations. However, just because an officer claims to have probable cause doesn’t make it so. We can review and challenge that claim to protect your rights.

Can an officer arrest me for DUI even if I blew under the legal limit?

Yes. Under § 316.193, Florida allows DUI charges if an officer believes your "normal faculties are impaired" by alcohol, even if your BAC is under 0.08. In practice, this means officers often rely on field sobriety tests or vague observations. If you were arrested under these conditions, I can examine whether there’s enough lawful evidence to support the charge or whether it should be dismissed.

Are field sobriety tests mandatory in Florida?

No. Field sobriety tests are voluntary. However, most officers won’t tell you that. They may pressure you or imply that refusal means guilt. These tests are not scientific and can be affected by fatigue, anxiety, medical conditions, and poor lighting. If you performed them, I’ll review every detail to see if the results were unfair or invalid.

What happens if I refuse the breath test?

A first refusal can lead to a one-year license suspension. A second refusal may carry criminal penalties. However, refusing the test also denies the State a key piece of evidence. In many cases, this makes the prosecution’s job much harder. I often defend clients who refused testing by focusing on the lack of admissible evidence and challenging the legality of the arrest itself.

Why do I need a private DUI lawyer instead of a public defender?

Public defenders are often talented lawyers, but they carry enormous caseloads and limited resources. As a private Florida DUI Defense Lawyer, I have the time and tools to review your case in detail, obtain and analyze all evidence, challenge every misstep, and fight for your license and your freedom. I work directly with you to develop the strongest possible defense from day one.

Can I get a DUI charge reduced or dismissed?

Absolutely. Many DUI cases are eligible for dismissal, reduction to reckless driving, or alternative sentencing programs if handled correctly. Success depends on the specific facts of your case, the quality of the police work, and the strength of your defense. I’ve helped clients avoid jail, keep their licenses, and move on with their lives—because I look at every angle of your case.

Call Our Florida DUI Defense Lawyers Who Knows What Really Happens at the Roadside

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 over 35 office locations throughout all of 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, and the Florida Panhandle.

When your future is on the line, don’t take chances. I’m here to fight for your rights, challenge the police report, and demand the truth be heard.