When people think about DUI arrests, they often imagine someone weaving on the road or causing an accident. In Florida, most DUI cases do not begin that way. They begin with something much smaller, a broken taillight, speeding, or rolling through a stop sign. Law enforcement has broad authority under Florida law to conduct a traffic stop when they have reasonable suspicion of a violation. That single stop often spirals into questions about alcohol or drugs, field sobriety exercises, and ultimately an arrest.

As a Florida DUI defense attorney, I have seen how quickly an ordinary drive home can become a life-changing legal crisis. A traffic stop is not just a minor inconvenience, it is often the trigger that sets the entire case in motion. This is why having a private attorney who can challenge the stop itself is so critical. If the initial stop is found unlawful, the entire DUI case can collapse.

Florida DUI Statutes and How They Apply

The primary statute governing DUI is Florida Statutes §316.193. The law states:

"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 set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; or (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath."

This language shows that prosecutors have two possible paths, either proving impairment or proving a BAC above 0.08. What matters in many cases is whether the stop itself was legal. If the officer lacked lawful grounds for the stop, then any evidence that came after, including a breath test, may be suppressed.

Why a Traffic Stop Is the Starting Point

I cannot stress enough that every DUI case starts with the officer’s justification for pulling the driver over. Florida courts recognize that a stop requires “reasonable suspicion” that a traffic infraction or crime occurred. That could be speeding, failing to signal, swerving, or even equipment violations. But when officers exaggerate or fabricate reasons for the stop, the entire case becomes vulnerable to attack.

I recently represented a client in Pinellas County who was stopped for “failing to maintain a single lane.” The officer claimed my client was weaving, but bodycam and dashcam footage showed nothing unusual. I filed a motion to suppress on the grounds that there was no reasonable suspicion to initiate the stop. The judge agreed. Because the stop was unlawful, the breath test and the officer’s observations were thrown out. The State had no choice but to dismiss the DUI charge. That dismissal protected my client’s driving record, employment, and future.

Other Florida Statutes That Come Into Play

Traffic stops that lead to DUIs often involve multiple statutes. For example:

  • Florida Statutes §316.1932 – the implied consent law, which requires drivers to submit to breath, blood, or urine tests if lawfully arrested for DUI. Refusal carries license suspension. The key phrase is “lawfully arrested.” If the stop was not valid, implied consent never applies.

  • Florida Statutes §316.151 – rules for turning at intersections. Many DUI cases start when an officer claims a driver made an improper turn.

  • Florida Statutes §316.610 – defective equipment. Officers often cite a broken headlight or taillight as justification to pull someone over, but if the equipment is working, the stop lacks legal grounds.

Every statute cited in the police report becomes part of the defense strategy. As your attorney, I comb through every allegation to see if the stop and arrest followed the law.

The Defenses That Can Win DUI Cases

When a DUI begins with a traffic stop, several defenses often apply:

  • Challenging the legality of the stop – If the officer lacked a valid reason, the stop was unconstitutional.

  • Disputing field sobriety exercises – These roadside tests are highly subjective and often administered incorrectly.

  • Questioning breath or blood tests – Machines must be maintained, calibrated, and administered properly.

  • Arguing lack of probable cause for arrest – Even if the stop was valid, officers must have probable cause before making an arrest.

Each defense ties back to the same core principle, the State must prove its case beyond a reasonable doubt. By raising doubt at every step, I create leverage to reduce charges, negotiate lesser penalties, or obtain outright dismissal.

Why You Need a Private Attorney

Many people think they can handle a DUI themselves or rely on a public defender. But a DUI conviction has consequences far beyond fines. It can cost you your job, your license, your freedom, and your reputation. A private attorney has the time, resources, and focus to investigate every aspect of the stop, the arrest, and the evidence.

When I take on a DUI case, I look for every detail that can be used to protect my client. Did the officer have jurisdiction? Was the equipment properly functioning? Did the officer follow procedure in administering field sobriety tests? Did the breath machine meet Department of Law Enforcement requirements? These are not technicalities, they are constitutional rights.

Real Case Example

Several years ago, I represented a young professional in Hillsborough County who was pulled over for “driving too slowly.” The officer claimed my client was impeding traffic. Once stopped, the officer smelled alcohol and conducted field sobriety tests. My client submitted to a breath test that registered just above 0.08.

I challenged the stop on the grounds that driving slowly is not unlawful unless it impedes traffic to the point of creating a hazard. Traffic camera footage showed no such hazard. I filed a motion to suppress, and the judge ruled in our favor. The breath test was suppressed, and the charge was dismissed. That client kept a clean record, which preserved their professional license and career.

Sentencing and Penalties if Convicted

Under Florida Statutes §316.193, penalties for a first DUI include:

  • A fine of $500 to $1,000.

  • Up to six months in jail.

  • License suspension of 180 days to one year.

  • Mandatory DUI school.

  • Probation and community service.

Penalties increase with prior convictions, a BAC above 0.15, or if a child was in the car. The law is unforgiving, and judges have little flexibility. This makes it all the more important to fight the case aggressively before sentencing ever becomes an issue.

FAQs About Florida DUI Traffic Stops

Can an officer stop me just for swerving once?

Florida courts have held that a single moment of swerving is not always enough to justify a stop. The officer must show that your driving created a safety issue or violated a specific statute. As your attorney, I will analyze whether the officer exaggerated their observations. If the stop itself was not valid, the DUI case can be dismissed.

What happens if I refuse the breath test after a traffic stop?

Under Florida’s implied consent law, refusing a breath test after a lawful DUI arrest results in a one-year license suspension for a first refusal, and 18 months plus possible criminal charges for a second refusal. However, if I can show the arrest was not lawful because the stop lacked legal grounds, the suspension itself may be challenged.

Do police need probable cause before asking me to do field sobriety tests?

Yes. The officer must have reasonable suspicion that you are impaired before requesting field sobriety exercises. This is a lower standard than probable cause, but it must still be based on observable facts. If the officer jumped to conclusions, I can challenge the use of those tests in court.

Will my license be suspended immediately after a DUI traffic stop?

If you blow 0.08 or higher, or if you refuse testing, your license is immediately confiscated and you are issued a temporary permit. You have only 10 days to request a formal review hearing with the DMV. As your attorney, I can request that hearing and fight to reinstate your driving privileges while your case is pending.

Why is hiring a private attorney better than relying on a public defender?

Public defenders handle hundreds of cases and simply cannot dedicate the same time to each client. A private attorney can focus on your case, investigate every fact, and present a tailored defense strategy. In DUI cases that start with traffic stops, the smallest detail can mean the difference between dismissal and conviction.

 

Call Our DUI Defense Attorney 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.