How Can You Challenge a DUI Traffic Stop?
Being pulled over for a suspected DUI can be stressful, especially when you know the consequences of a conviction. As a former law enforcement officer, I understand how these stops unfold and what officers look for when making an arrest.
Now, as a criminal defense lawyer in Dunedin, Florida, I help clients challenge DUI stops by identifying errors, procedural violations, and weak evidence. Not every traffic stop leads to a conviction, and there are multiple ways to fight the charges.
A DUI stop must be legally justified, and the officer must follow proper procedures. If mistakes were made at any point—from the initial stop to field sobriety testing—those errors could impact the case. Understanding your rights and how law enforcement should conduct these stops is the first step in building a strong defense.
The stakes are high, as a DUI conviction can lead to heavy fines, license suspension, and even jail time. That’s why we must closely examine the details of the stop, identify any inconsistencies, and push back against weak or unlawfully obtained evidence.
Determining if the Stop Was Legal
A DUI stop must begin with reasonable suspicion. This means the officer must have had a valid reason to pull you over in the first place. Without it, any evidence gathered during the stop could be challenged. Officers must also document the reason for the stop, and any inconsistencies in their report could weaken the prosecution’s case.
Common reasons officers initiate a DUI stop include:
Traffic violations: Swerving, speeding, running a red light, or failing to use a turn signal.
Equipment issues: Broken taillights, expired registration, or obstructed license plates.
Erratic driving: Driving too slowly, braking excessively, or failing to stay in a lane.
Anonymous tips: In some cases, an officer stops a driver based on a citizen report, but these must be verified for legitimacy.
If an officer lacked reasonable suspicion or used an unrelated reason as an excuse to investigate for DUI, the stop may not hold up in court. Reviewing dashcam footage, body camera footage, and police reports can help uncover whether the stop was justified.
If an officer exaggerated claims about erratic driving or lacked clear documentation, that alone could be grounds to challenge the case as part of a strong criminal defense strategy.
Challenging Field Sobriety Tests
Once stopped, officers often conduct field sobriety tests to look for signs of impairment. These tests aren’t always reliable and can be influenced by many factors, including nervousness, medical conditions, or uneven road surfaces. Furthermore, an officer’s interpretation of test performance is subjective, making errors more likely.
Common field sobriety tests include:
Horizontal gaze nystagmus (HGN) test: The officer checks for involuntary eye movements while following an object.
Walk-and-turn test: The suspect must take nine steps in a straight line, turn, and walk back.
One-leg stand test: The individual must balance on one foot for a certain period.
Many factors can impact these tests, such as poor lighting, weather conditions, improper footwear, or an officer’s subjective judgment. If an officer failed to properly instruct or assess the test, that could be used as part of a defense strategy.
Additionally, certain medical conditions such as inner ear issues or neurological disorders can affect balance and coordination, leading to unfair conclusions about impairment.
Questioning Breath and Blood Tests
Breath and blood tests are often used to determine blood alcohol content (BAC), but they aren’t foolproof. These tests must be conducted using approved methods, and any deviation from standard procedures could make the results unreliable.
Even small errors in the testing process could lead to inflated BAC readings, which is why careful scrutiny of these results is essential in criminal defense cases.
Potential issues with BAC testing include:
Improper calibration of breathalyzers: If the device wasn’t maintained or calibrated correctly, its readings could be inaccurate.
Contaminated blood samples: Errors in handling, labeling, or storing blood samples could lead to false results.
Medical conditions affecting breath tests: Acid reflux, diabetes, or certain medications can cause false BAC readings.
Mouth alcohol contamination: If a suspect burps or has residual alcohol in their mouth from mouthwash or medication, it could skew results.
Challenging the validity of a breath or blood test requires careful examination of maintenance records, lab reports, and arrest procedures. If the testing device had a history of malfunctions or the sample was mishandled, we can challenge the reliability of the results in court.
Examining Officer Conduct and Procedural Errors
Law enforcement officers must follow strict procedures when conducting DUI stops, making arrests, and handling evidence. Any deviation from these procedures could be grounds to challenge the case. If an officer’s actions suggest misconduct, bias, or failure to comply with legal standards, it could call the entire case into question.
Common procedural errors include:
Failure to read Miranda rights: If an officer interrogates a suspect without reading their rights, statements made may be inadmissible.
Lack of probable cause for arrest: An officer must have clear evidence of impairment beyond just a suspicion.
Inaccurate police reports: Errors in reports or inconsistencies in an officer’s testimony can create doubt in the prosecution’s case.
Failure to follow testing protocol: If an officer skipped required waiting periods or didn’t properly administer sobriety tests, the results could be questioned.
Reviewing the officer’s actions from the initial stop through the arrest can reveal procedural violations that may weaken the case against you. If an officer made assumptions rather than relying on objective evidence, those assumptions can be challenged in court.
Identifying Alternative Explanations for Alleged Impairment
There are many reasons why someone might appear impaired that have nothing to do with alcohol or drugs. Officers sometimes misinterpret normal behavior as signs of intoxication. Given that everyone reacts differently to stress, it’s not uncommon for nervousness to be mistaken for impairment.
Other factors that may explain signs of impairment include:
Fatigue or lack of sleep
Medical conditions such as vertigo or neurological disorders
Prescription medications that cause drowsiness
Anxiety or stress affecting speech and coordination
Allergies or eye conditions that cause red or watery eyes
Dehydration or low blood sugar causing dizziness
If an officer misinterpreted these symptoms as intoxication, that could be a strong defense against the charges. We may also use medical records and a professional testimony to prove that an alternative explanation better fits the facts of the case.
Building a Strong DUI Defense
Challenging a DUI stop requires a thorough investigation and a well-prepared defense strategy. No two cases are alike, and the best defense depends on the specific circumstances of the stop, arrest, and testing. The prosecution has to prove its case beyond a reasonable doubt, and we take every opportunity to find inconsistencies in the evidence.
Key steps in building a defense include:
Gathering video footage, including dashcam and body camera recordings
Reviewing police reports for errors or inconsistencies
Examining BAC testing procedures and calibration records
Identifying witnesses who can provide testimony about the stop or arrest
Presenting alternative explanations for observed behavior
Analyzing whether the officer’s initial reason for the stop was lawful
Reviewing the officer’s actions from the initial stop through the arrest can reveal procedural violations that may weaken the case against you. If an officer made assumptions rather than relying on objective evidence, those assumptions can be challenged in court, making criminal defense a key factor in fighting DUI charges.
Speak to a Criminal Defense Lawyer Today
If you’ve been charged with a DUI in Dunedin, Florida, or the nearby communities of Hillsborough County or Pasco County, I'm here to help.
At Venessa Bornost, P.A., I fight for my clients by challenging DUI stops, questioning evidence, and exposing errors in law enforcement procedures.
Criminal defense requires a thorough understanding of both police procedures and legal standards. Don’t assume a conviction is inevitable. Contact me today to discuss your case and explore your criminal defense options.