FLORIDA DUI ANSWERS
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What Is Probable Cause For A DUI Stop?

If a police officer suspects that you were driving under the influence, and pulls you over for that reason, the officer must have “probable cause” before pulling you over. There are many things that give a police officer the necessary probable cause to pull you over legally for driving under the influence. The most common ones are listed below.       

• Driving on or over the lane divide

• Drifting into the other lane

• Making a wide turn

• Making an illegal turn

• Weaving in your lane

• Braking frequently

• Nearly missing an object or another car

• Driving very slowly, generally more than 10 mph below speed limit

• Swerving

• Driving with your headlights off

• Not making turn signals, or making inappropriate turn signals

• Stopping in the middle of the road for no reason

• Accelerating or decelerating too

   quickly

• Following another car too closely   


Of course, just because a police officer pulled you over for the way you were driving does not necessarily mean that you were driving drunk. As we will see, providing a non-alcohol related explanation for your driving—while it will not help you while you are on the road with the officer—may be crucial in both your license suspension hearing and your criminal case if you are charged with a DUI.

There are other things that can give a police officer probable cause to initiate a DUI Investigation.  If he officer suspects that you were driving under the influence, he will be looking for sufficient reason to arrest you. From the moment the officer lays eyes on you he will observe your demeanor and smell the air in the car for any traces of alcohol. The police officer will look for a number of traditional indicators of intoxication, including, but not limited to:

  1. Odor of Alcohol
  2. Bloodshot Eyes
  3. Watery Eyes
  4. Slurred Speech
  5. Flushed Face/Complexion
  6. Lack of Coordination

The bottomline is that an experience police officer will know what he has to say in his report as well in his testimony to establish that he had probable cause to intiate a DUI investigation.

 

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