St. Petersburg Criminal Lawyer Blog
In criminal defense cases involving driving under the influence (DUI), much depends on the legality of the initial traffic stop and subsequent investigation. Trial courts must evaluate whether law enforcement acted within constitutional limits when detaining and arresting a driver. In other words, an officer must have reasonable suspicion for both the traffic stop and the ensuing DUI investigation, as discussed in a recent Florida DUI case. If you are facing DUI charges in Florida, it is crucial to speak with a knowledgeable St. Petersburg DUI defense attorney who can scrutinize every aspect of the traffic stop and fight for your constitutional rights.
Factual and Procedural History
It is reported that the defendant was pulled over by a city police officer who observed her vehicle traveling at a high rate of speed and straddling two lanes of traffic along State Road 436. The officer visually estimated the defendant’s speed at 69 miles per hour in a 45 mph zone but did not use radar or pacing to confirm it. After catching up to the vehicle, the officer noted that it continued to travel between the right and center lanes for approximately 15 seconds before entering an intersection and turning into a parking lot, where it hit a curb.
It is alleged that upon initiating the stop, the officer detected signs of intoxication. The defendant reportedly had slurred speech, bloodshot and watery eyes, and emitted the odor of alcohol. She appeared confused while searching for her identification and resisted arrest after declining to participate in field sobriety tests. The officer transported her to the county jail, where she provided two valid breath samples. The samples were collected by jail personnel, not the arresting officer, and showed signs of alcohol consumption.
It is further reported that the defendant moved to suppress all evidence obtained during the stop and arrest. The trial court granted the motion, ruling that there was no probable cause for the stop, no reasonable suspicion for the DUI detention and that the breath tests were invalid because they were performed outside the officer’s jurisdiction. The State appealed the decision.
Reasonable Suspicion in DUI Cases
On appeal, the court reversed the trial court’s suppression order, finding multiple errors in the trial court’s legal analysis. The court first addressed the standard for initiating a traffic stop. The trial court had incorrectly held that probable cause was required, relying on a misreading of Whren v. United States. However, the court clarified that Florida law permits traffic stops based on reasonable suspicion, a less demanding standard.
Under Florida law, a driver must remain “as nearly as practicable” within a single lane. The court concluded that the officer had reasonable suspicion to believe the defendant violated this law when she straddled two lanes for an extended period and failed to correct her course before entering an intersection. The court emphasized that such a deviation, even absent danger to other vehicles, justified the stop under precedent such as Yanes v. State.
The court also found that the DUI investigation was lawful based on the totality of the circumstances. The officer’s observations of the defendant’s demeanor, behavior, and the odor of alcohol created a reasonable suspicion of impairment that warranted further investigation. The refusal to perform sobriety tests and the visible signs of intoxication gave the officer probable cause to arrest.
As for the breath test, the court found that transporting the defendant to a county facility for testing did not render the results inadmissible. The DUI investigation lawfully began within the officer’s jurisdiction, and the testing was conducted by appropriate personnel. The court concluded that none of the defendant’s rights were violated and that the suppression order was legally erroneous.
Speak with a St. Petersburg DUI Defense Attorney Today
A DUI charge can have serious legal and personal consequences, and challenging the legality of a traffic stop or arrest is often a critical part of the defense. If you are facing DUI charges in Florida, it is essential to retain an attorney who understands how to protect your rights at every stage of the process. The experienced St. Petersburg DUI defense attorneys at Hanlon Law are committed to providing aggressive, strategic representation. Contact our St. Petersburg office today at 727-289-0222 or complete our online form to schedule a confidential consultation.