Fighting DUI Charges by Targeting Flawed Police Testimony and Protecting Your Rights
As a Florida criminal defense attorney, I’ve handled countless DUI cases where the officer’s observations became the cornerstone of the prosecution’s case. But just because an officer claims you were “impaired” doesn’t make it so. Their reports often contain errors, exaggerations, or assumptions that don’t hold up under scrutiny. That’s where I come in. When I take on a DUI case, I go straight to the source of their case—the observations—and work to dismantle them one by one.
What the Law Says About DUI in Florida
Under Florida Statute § 316.193(1), a person is guilty of driving under the influence if:
“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 controlled substance… 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.”
Most DUI arrests in Florida rely heavily on subsection (a)—the officer’s claim that your “normal faculties” were impaired. That language is vague, and it’s up to the officer’s subjective judgment, which gives me an opportunity to challenge that observation aggressively.
Breaking Down the Officer’s Observations: Why They’re Not Always Reliable
When you’re pulled over on suspicion of DUI, officers are trained to look for so-called indicators of impairment. These include bloodshot eyes, slurred speech, the odor of alcohol, unsteady balance, and poor performance on field sobriety tests. However, none of these observations are conclusive proof of impairment.
Let’s take bloodshot eyes, for example. Allergies, fatigue, contact lenses, or even swimming in a chlorinated pool can cause red eyes. Slurred speech might stem from anxiety, medication, or even a speech impediment. Just because an officer documents these things doesn’t mean they’re accurate or caused by alcohol.
As your attorney, I dissect each observation in their report and compare it against video evidence (if any), witness statements, and your medical history. This isn’t just about casting doubt—it’s about showing the court that the officer made assumptions instead of doing their job objectively.
And this is exactly why hiring a private DUI defense attorney matters. Public defenders are often overloaded, and they rarely have the time or resources to challenge the fine details in a police report. My job is to look at every detail—because that’s where the case is won.
A Real Case We Beat: Faulty Observations Lead to Dismissal
One client came to me after being arrested in Collier County. The officer said he had “bloodshot, glassy eyes,” “a strong odor of alcohol,” and “swayed while standing.” The client admitted to having one drink at a dinner party but insisted he was not drunk. He performed the field sobriety tests on the side of a busy highway with semis flying by every few seconds.
When I reviewed the dashcam footage, it became clear the so-called swaying was minor and likely due to the wind and road conditions. There was no slurred speech, and the client responded quickly and clearly to all questions. We brought in a medical expert to explain his allergy condition that caused the red eyes, and we argued that the odor of alcohol alone was not enough for probable cause.
The prosecutor eventually dropped the case before trial. Without a private attorney to carefully pick apart the officer’s claims, this client would likely have accepted a plea and ended up with a criminal record.
Challenging Field Sobriety Tests: Not Scientific, Not Fair
Officers often rely on field sobriety tests (FSTs) to justify an arrest. These include the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand. Here’s the problem—these tests are not reliable indicators of intoxication.
The National Highway Traffic Safety Administration (NHTSA) has acknowledged that FSTs can be influenced by:
- Nervousness
- Poor lighting or uneven surfaces
- Physical conditions like inner ear infections, back or knee injuries
- Obesity or age-related balance issues
- Language barriers or misunderstanding instructions
In one case in Miami-Dade, I represented a woman who “failed” the Walk-and-Turn test because she lost her balance briefly on a gravel shoulder. But we brought photos of the scene, showed that she was wearing high heels, and pointed out that she was recovering from recent knee surgery.
When the prosecution realized their case was built entirely on flawed field test performance and subjective notes, they dismissed it. This is the power of having a private attorney who doesn’t accept the officer’s word as gospel.
Understanding Florida’s Rules of Evidence: Officer Opinion Isn’t Enough
Officers aren’t allowed to give medical opinions or say that you were “definitely impaired” unless supported by clear evidence. Under Florida Statutes § 90.702:
“If scientific, technical, or other specialized knowledge will assist the trier of fact… an expert qualified… may testify in the form of an opinion or otherwise…”
Police officers are not toxicologists, medical doctors, or mental health professionals. If an officer testifies that “you seemed drunk,” I can object to that testimony unless it’s backed by valid scientific evidence or properly qualified expert opinion.
I’ve used this statute to get statements excluded from trial. This often results in weakened prosecution cases and, in some situations, leads to pre-trial dismissals.
Body Cameras and Dashcams: Your Best Ally
Many people don’t realize how important video footage is until it’s too late. If the officer’s report says you were staggering, but the dashcam shows you walking steadily, that can be the difference between conviction and acquittal.
I always file a discovery request under Florida Rule of Criminal Procedure 3.220 to obtain all relevant video evidence. And if the footage contradicts the report, we use it to show the judge or jury that the officer’s credibility is questionable.
Again, this is where hiring a private attorney matters. I have the time to get that footage, analyze it frame by frame, and compare it to the officer’s written report. Public defenders don’t always have that kind of bandwidth.
Medical and Health Defenses to DUI Observations
There are a wide range of non-alcohol-related conditions that can mimic signs of intoxication. For example:
- Diabetes (hypoglycemia can cause slurred speech and confusion)
- Neurological disorders like multiple sclerosis
- Vertigo or balance disorders
- Medication side effects
- PTSD or anxiety disorders
Florida DUI cases can be defended under these health-related factors if presented correctly. I often work with physicians or specialists who can write letters or testify about your condition. That can completely neutralize the officer’s subjective claims.
One client in Volusia County had multiple sclerosis and was charged with DUI because he “walked unsteadily” and had “delayed speech.” Once we submitted medical documentation and explained the symptoms, the prosecution dropped the charge entirely.
Why You Should Never Fight a DUI Without a Private Attorney
Let’s be honest—Florida prosecutors are trained to push for convictions, and officers are trained to justify arrests. If you go into court alone or with a public defender who barely remembers your name, you are at a huge disadvantage.
A private DUI attorney like myself:
- Reviews the officer’s training and arrest history
- Files motions to suppress based on Fourth Amendment violations
- Demands and analyzes bodycam/dashcam evidence
- Cross-examines officers on their inconsistencies
- Identifies and presents medical defenses
- Negotiates directly with prosecutors to drop or reduce charges
If you’re serious about protecting your record, your license, your job, and your reputation, you need someone who will treat your case like it’s the only one that matters. That’s what I do.
FAQs: Florida DUI Defense and Officer Observations
What happens if the officer lied in their DUI report?
If I can show that the officer included false statements in the arrest report, I can file a motion to suppress under the Fourth Amendment or seek to have the entire case dismissed based on lack of credibility. Florida courts take integrity seriously, and prosecutors don’t like defending dishonest officers. Bodycam footage is often the key to proving false reporting.
Can my medical condition be used to challenge the officer’s observations?
Yes. If you have a medical condition that explains behaviors like poor balance, slurred speech, or delayed reaction time, I can submit documentation and even bring in your physician to testify. Florida law allows medical defenses in DUI cases, especially when they undermine the state’s impairment claims.
Can I be convicted based only on officer observations?
Technically, yes—but only if the court finds the observations credible and compelling. However, I’ve defeated many DUI cases where there was no breath or blood result, and everything relied on subjective officer impressions. With the right defense, those cases can absolutely be beaten.
What if the video shows something different than what the officer wrote?
That’s a golden opportunity for the defense. If the officer says you were stumbling, but the video shows you walking fine, I will use that to impeach the officer’s credibility. Judges and juries trust what they see, not what someone says they saw.
Are field sobriety tests required in Florida?
No, you can legally refuse them. Unlike breath or blood tests, field sobriety tests are voluntary. Officers often won’t tell you that. If you refused FSTs, that’s not automatic guilt. I can argue that you exercised your rights and were not legally obligated to perform them.
Is it worth hiring a private DUI attorney for a first offense?
Absolutely. Even a first DUI conviction carries serious consequences—license suspension, fines, mandatory programs, and a permanent criminal record. A private attorney can often get charges reduced or dismissed, especially if the officer’s observations are weak.
What if I admitted to drinking during the stop?
Admitting you had a drink is not the same as admitting guilt. Many people have one drink and are perfectly sober. I’ve won cases where clients said they had “a glass of wine,” but the rest of the evidence didn’t support impairment. That statement alone doesn’t prove anything.
How can I get the dashcam or bodycam footage from my arrest?
I submit a discovery request to the prosecutor as soon as I take your case. Under Rule 3.220, the state is required to hand over all evidence, including video. If they fail to provide it, I can request sanctions or even dismissal in some cases.
What if I passed the breath test but still got arrested?
It happens all the time. Officers may still arrest you under the “normal faculties impaired” clause in § 316.193(1)(a). I can challenge the arrest as unlawful if there’s no supporting evidence of impairment and the breath test was well below 0.08.
What are the long-term consequences of a DUI conviction?
A DUI conviction in Florida stays on your record permanently. It affects employment, insurance, professional licenses, and travel. That’s why I fight so hard to keep my clients from being convicted in the first place.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you’ve been arrested for DUI based on an officer’s observations, don’t wait. You have legal options, and those observations are not infallible. I’ve helped countless clients beat DUI charges in court by attacking flawed police reports, improper field sobriety tests, and misleading arrest procedures.
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.