If you were recently arrested for DUI in Florida, you might be feeling trapped. Many drivers search for “police mistakes DUI case dismissed Florida”—and for good reason. Law enforcement errors often lead to dropped or reduced DUI charges.
🚫 1. Illegal Traffic Stop
Police must have a valid legal reason to stop your vehicle. If they didn’t observe a traffic violation or have reasonable suspicion of criminal activity, the entire stop could be ruled unconstitutional.
Common issues include:
No actual traffic infraction (e.g., “weaving” that didn’t occur)
Mistaken identity or vehicle
Racial profiling or pretext stops without cause
⚖️ If the stop was unlawful, all evidence that follows—including breath or blood tests—may be suppressed.
📵 2. Improper Field Sobriety Test Instructions
Field Sobriety Exercises (FSEs) are subjective—and often flawed. Officers must follow standardized procedures when administering tests like the walk-and-turn, one-leg stand, or HGN (eye test).
Mistakes include:
Giving unclear instructions
Conducting tests on uneven ground
Using them in poor lighting or bad weather
Failing to account for medical issues or disabilities
👉 Learn more about field sobriety tests and how we challenge them
📄 3. Incomplete Police Reports or Video Gaps
What’s in the report—and what’s missing—can matter just as much.
Look out for:
Contradictions between the report and bodycam footage
Missing footage at key moments
Lack of detail about probable cause or test results
Errors in documenting breathalyzer procedures
🔍 Sloppy reporting can create reasonable doubt—or open the door to suppression.
💨 4. Mishandling Chemical Tests
Whether it’s a breath, blood, or urine test, the results are only admissible if the procedure was done by the book.
Common problems:
Not observing the 20-minute pre-test observation period
Using uncalibrated or broken equipment
Chain-of-custody issues with blood samples
Lack of implied consent warnings
👮 5. Failing to Read Miranda Rights (When Required)
Miranda warnings must be given before custodial interrogation—not at the time of arrest, but before questioning while in custody.
If police questioned you without reading your rights, any statements you made may be inadmissible.
🛑 A suppressed confession or admission can unravel the entire case.
🧠 What Happens If One of These Mistakes Was Made?
Your defense lawyer can file a motion to suppress or argue that your constitutional rights were violated. In many cases, these motions lead to:
Reduced charges (e.g., DUI → reckless driving)
Dismissal due to lack of admissible evidence
Leverage in plea negotiations or pretrial diversion
👨⚖️ Fort Lauderdale DUI Defense You Can Count On
At Michael White, P.A., we know how to dissect DUI cases for procedural flaws and legal violations. As a former prosecutor, Attorney White has seen these cases from both sides—and knows how to win dismissals.
🔍 More Answers About DUI Dismissals in Florida
❓ Can a DUI case really be dismissed just because of a technicality?
Yes. If police violated your rights or botched procedure, key evidence may be thrown out—often resulting in dismissal.
❓ Is bodycam footage important in DUI cases?
Absolutely. It can reveal improper testing, inconsistent reports, or rights violations.
❓ Can I refuse field sobriety tests in Florida?
Yes. You can politely decline FSEs, though refusal may be used against you. Chemical tests are a separate legal issue.
❓ What if the officer never saw me driving?
That can be a huge defense opportunity—especially in parked car DUI cases.
❓ How do I know if there were police mistakes in my case?
An experienced DUI defense lawyer will review all reports, video, and procedures to identify errors that may lead to dismissal.