A Florida DUI Defense Attorney Explains How Police Build DUI Cases—and How I Challenge Their Evidence In Court

Understanding The Evidence In A Florida DUI Case

As a Florida DUI Defense Attorney, I’ve handled hundreds of cases where a driver’s future depended entirely on the strength or weakness of the evidence presented by the prosecution. The State’s case often looks overwhelming at first glance, but every piece of evidence can be challenged when analyzed by an experienced defense lawyer. What might seem like an open-and-shut case on paper may collapse under scrutiny once we expose unreliable testing, poor police procedure, or constitutional violations.

When someone is arrested for DUI in Florida, the evidence usually falls into a few major categories: the officer’s observations, field sobriety exercises, chemical test results, and witness statements. Each of these categories has its flaws, and my job is to identify where the evidence breaks down. The truth is, prosecutors depend on evidence that looks objective but often isn’t. My role is to protect your rights, test that evidence, and ensure that only legally obtained, scientifically valid proof is used against you.

Florida’s DUI Statute And The Burden Of Proof

Florida’s DUI law is set forth under Florida Statutes §316.193, which states:

“A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) 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 §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.”

The statute may sound simple, but proving it beyond a reasonable doubt requires credible evidence. The prosecution must establish both impairment and control of the vehicle. That means if either element is weak, the case can collapse.

As your Florida DUI Defense Attorney, my focus is to attack the foundation of the evidence. The law presumes innocence, and the State must prove guilt. I make sure the evidence used meets every legal standard required by Florida law.

Officer Observations: Subjective And Often Misleading

The first category of DUI evidence is the arresting officer’s personal observations. Police reports often claim that the driver had slurred speech, bloodshot eyes, or smelled of alcohol. While these descriptions appear persuasive in court, they are inherently subjective. Fatigue, allergies, or even emotional stress can mimic the same signs officers attribute to impairment.

In one case I handled in Sarasota County, a physician returning home after a 16-hour hospital shift was pulled over for speeding. The officer described “glassy eyes and a sluggish response” and arrested him for DUI. The breath test later registered 0.00. My investigation revealed the officer’s bodycam footage showed the doctor’s exhaustion, not intoxication. The charge was dismissed before trial.

That case highlights why relying solely on an officer’s perception can lead to false arrests. Without objective proof of intoxication, the prosecution’s evidence can crumble.

Field Sobriety Exercises: Unreliable “Tests”

The second major form of evidence is the field sobriety exercise, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) test. These exercises are supposed to measure coordination, balance, and divided attention, but they are not scientifically accurate indicators of intoxication.

Officers are trained to administer these exercises under National Highway Traffic Safety Administration (NHTSA)guidelines, but in real-world conditions—uneven pavement, flashing lights, fear, and fatigue—the results are often skewed. The tests rely on the officer’s interpretation rather than measurable data.

In another case I defended in Tampa, my client was asked to perform field sobriety exercises on a sloped roadway at 1:30 a.m. Surveillance footage from a nearby gas station showed the officer demonstrating the exercises incorrectly. We filed a motion to suppress the results, and the court agreed that the test conditions were unfair. The DUI charge was later reduced to reckless driving.

This kind of evidence, when challenged properly, can lose its credibility in court. A private defense attorney can cross-examine the arresting officer to expose errors, omissions, and inconsistencies that undermine the prosecution’s case.

Chemical Tests: Breath, Blood, And Urine Evidence

Florida’s implied consent law under Florida Statutes §316.1932 authorizes law enforcement to request a breath, blood, or urine test after a DUI arrest. The statute states:

“Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical or physical test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath.”

However, this does not mean the results are automatically valid. Breath testing machines like the Intoxilyzer 8000 require proper calibration and maintenance, and the operator must follow strict procedural rules. If any step is mishandled, the results can be thrown out.

Blood and urine tests also raise issues of contamination, chain of custody, and improper collection techniques. I routinely request maintenance records, operator logs, and video evidence to test the reliability of the results. Prosecutors often depend heavily on these readings, so when I show the court that the tests were not conducted in compliance with regulations, the entire case can fall apart.

Body Camera And Dashcam Footage

Bodycam and dashcam recordings can provide powerful evidence—but not always in the way prosecutors expect. While the State may use footage to support their version of events, video often tells a different story. I’ve reviewed hundreds of DUI videos where the defendant appeared calm, polite, and coherent, contradicting the officer’s claim of impairment.

In a case from Fort Myers, my client was accused of refusing a breath test. The arrest report claimed he “became belligerent and uncooperative.” The bodycam footage showed the opposite: my client calmly asked to speak with his attorney before answering further questions. The court ruled the arrest improper and dismissed the refusal charge.

Having a private defense attorney ensures that all available footage is obtained and reviewed—something public defenders often lack the time or resources to do.

Witness Testimony And Civilian Statements

Sometimes the prosecution presents witnesses, such as passengers, other drivers, or even bartenders, to support its case. These witnesses may say they observed erratic driving or saw the defendant consuming alcohol before getting behind the wheel. But memories fade quickly, and perceptions are influenced by many factors, especially at night or under stress.

Cross-examining these witnesses effectively requires preparation and skill. I analyze every inconsistency, compare statements to video footage, and show jurors how unreliable human perception can be. Many times, these witnesses contradict themselves once confronted with objective evidence, weakening the State’s entire case.

Administrative Penalties And DMV Evidence

A DUI arrest in Florida triggers two parallel processes: a criminal case in court and an administrative suspension handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The officer usually confiscates your license at the scene and issues a temporary permit. You then have 10 days to request a formal review hearing to contest the suspension.

At that hearing, the State must prove that the officer had probable cause and that the chemical test or refusal was valid. I represent clients in both the criminal and administrative hearings because what happens in one can affect the other. For example, if I show that the officer lacked reasonable suspicion for the traffic stop, it can lead to reinstatement of your license and strengthen your defense in court.

Constitutional Issues: Illegal Stops And Unlawful Arrests

Not every DUI arrest begins with a lawful stop. Police must have reasonable suspicion to pull you over, and probable cause to arrest you. If those legal thresholds are not met, the evidence that follows can be suppressed under the Fourth Amendment and Article I, Section 12 of the Florida Constitution.

I once defended a client in Orlando who was stopped at a late-night checkpoint that was not properly authorized. The officer claimed it was part of a safety initiative, but there were no written procedures or supervisory approval as required under Florida case law. I filed a motion to suppress all evidence obtained from the stop, and the judge dismissed the case in its entirety.

This is one of the strongest reasons to have a private attorney—constitutional violations can make even strong-looking cases fall apart if handled properly.

Common Defenses To Florida DUI Charges

Every case is unique, but several defenses often apply when attacking DUI evidence in Florida:

  • Improper traffic stop: The officer had no lawful reason to initiate the stop.

  • Unreliable field sobriety tests: Poor instructions, unsafe conditions, or improper demonstrations.

  • Faulty chemical testing: Machine calibration errors or lack of operator certification.

  • Medical conditions: Diabetes, fatigue, or neurological issues mimicking impairment.

  • Unlawful arrest or lack of probable cause: Violation of constitutional rights.

A skilled defense attorney can file motions to suppress, challenge admissibility, or negotiate for a reduction to reckless driving (“wet reckless”) when the evidence is weak.

Why A Private DUI Defense Attorney Is Essential

Public defenders handle large caseloads and may not have time to scrutinize every piece of evidence. A private Florida DUI Defense Attorney has the ability to dedicate hours to reviewing videos, cross-examining witnesses, and negotiating directly with prosecutors. The difference often determines whether a person keeps their license, avoids jail, or saves their career.

A private defense lawyer can also intervene early—before the first hearing—to preserve evidence, request discovery, and identify procedural errors that can change the case’s outcome. This proactive approach is often the reason a case gets reduced or dismissed.

Real Case Example: DUI Dismissed After Faulty Breath Test

A recent case in Naples illustrates how crucial it is to challenge every piece of evidence. My client, a nurse, was stopped for weaving within her lane. The officer claimed to smell alcohol and administered field sobriety exercises. She complied and performed well, yet was arrested anyway.

The Intoxilyzer 8000 registered a 0.09, just above the legal limit. I immediately requested the machine’s maintenance logs and discovered that it had failed an accuracy inspection two weeks earlier. The arresting agency had continued using it in violation of Florida Administrative Code Rule 11D-8.003. I filed a motion to exclude the breath test results, and the court granted it. Without that evidence, the prosecution could not proceed, and the case was dismissed.

That dismissal not only protected her record but also saved her nursing license. Evidence can make or break your case, and only an experienced attorney knows where to look to uncover those critical flaws.

Long-Term Consequences Of A DUI Conviction

A DUI conviction in Florida carries both immediate and lasting penalties. Fines, probation, community service, and possible jail time are just the beginning. The greater danger lies in how a DUI affects employment, professional licenses, and insurance rates.

For licensed professionals—doctors, nurses, pilots, and educators—the Florida Department of Business and Professional Regulation and the Florida Board of Medicine require disclosure of criminal convictions under Florida Statutes §456.072(1)(c), which identifies “being convicted or found guilty of, or entering a plea of nolo contendere to, a crime in any jurisdiction which directly relates to the practice of the profession” as grounds for disciplinary action.

This means that even a first-time DUI can jeopardize a medical license, leading to investigations, hearings, and possible probation or suspension. By securing a reduction or dismissal, a private DUI defense attorney can protect both your criminal record and your professional future.

Why Early Legal Representation Matters

From the moment of arrest, the clock starts ticking. Evidence begins to deteriorate, and witnesses forget details. Acting quickly allows me to secure video footage, police logs, and breath test calibration data before it disappears. It also allows me to request an administrative hearing to protect your license within that critical 10-day window.

Early representation also increases leverage in negotiations. Prosecutors may be more willing to reduce charges when the defense is well-prepared and supported by evidence. A private attorney’s involvement signals to the court that you are serious about your defense and your future.

Florida DUI Defense FAQs

What types of evidence do prosecutors rely on in Florida DUI cases?
Prosecutors typically use officer observations, field sobriety exercises, breath or blood test results, and witness statements. However, these forms of evidence often have weaknesses. Officers may exaggerate or misinterpret behavior, machines can malfunction, and witnesses can be mistaken. As a Florida DUI Defense Attorney, I evaluate every piece of evidence and file motions to suppress anything that was obtained improperly or lacks reliability.

Can a breath test be challenged in court?
Yes. Breath tests can be thrown out if the machine was not properly calibrated or if the operator lacked certification. Florida law under Rule 11D-8 of the Administrative Code outlines specific requirements for breath testing. Even a small procedural error can invalidate the result. I frequently challenge breath tests by reviewing calibration records, operator logs, and maintenance reports.

Are field sobriety tests mandatory in Florida?
No, field sobriety tests are voluntary. Many drivers don’t realize they can refuse them without facing an automatic license suspension. These tests are not scientifically reliable and depend on the officer’s opinion. I often demonstrate in court how poor lighting, uneven pavement, or medical conditions can cause sober individuals to appear impaired.

Can I win my DUI case if I failed the breath test?
Yes, it’s possible. I’ve won cases where the reading was over the legal limit because the testing procedures were flawed. Breath machines can produce inaccurate results due to residual mouth alcohol, medical conditions like acid reflux, or improper observation periods. The key is having an attorney who knows how to analyze the evidence and identify those errors.

What happens if the police stop was illegal?
If the officer lacked reasonable suspicion or probable cause to initiate the stop, all evidence obtained afterward can be suppressed. That includes the breath test, field exercises, and even statements you made. Once that evidence is excluded, the prosecution may have no case left to pursue.

Why should I hire a private attorney instead of a public defender?
A private attorney can dedicate far more time to investigating and preparing your defense. Public defenders are skilled but overloaded with cases, limiting their availability. A private Florida DUI Defense Attorney will gather records, file suppression motions, cross-examine officers, and negotiate directly with prosecutors to seek the best possible outcome.

Can a DUI affect my professional license or job?
Absolutely. Certain professions, such as medicine, nursing, aviation, and teaching, require background checks and moral character evaluations. Under §456.072 and §458.331, the Florida Board of Medicine and other licensing boards can investigate and discipline licensees for criminal convictions, including DUI. That’s why it’s crucial to fight for dismissal or reduction of the charge.

What should I do immediately after being arrested for DUI?
You should contact a defense attorney immediately. You have only 10 days to request a DMV hearing to protect your license. Preserving dashcam footage, obtaining breath test records, and reviewing police procedures must happen right away. Early action gives you the strongest chance of success.

Speak With A Florida DUI Defense Attorney Today


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 criminal and traffic offenses. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. With more than 35 offices across Florida, we represent clients in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and throughout the Florida Panhandle.

Your case deserves immediate attention, strategic preparation, and a defense tailored to protect your rights and your future. Call today and take the first step toward clearing your name.