Last updated November 2025
If you were recently arrested for DUI in Fort Lauderdaleor anywhere in South Florida, you’re likely wondering: Is there a way to get the evidence against me thrown out?
Yes — under the right circumstances, an experienced Fort Lauderdale DUI defense attorneycan file a motion to suppressto challenge evidence that was obtained unlawfully. Suppressing key evidence can lead to reduced charges — or even a full dismissal.
⚖️ What Is a Motion to Suppress in a Florida DUI Case?
A motion to suppressis a legal tool used by your defense attorney to challenge the constitutionality of how evidence was obtained. These motions often target:
- Illegal traffic stops
- Unlawful searches
- Improper field sobriety testing
- Coerced or un-Mirandized statements
If the court agrees that your rights were violated, the evidence gathered as a result may be excluded from trial— significantly weakening the prosecution’s case.
🚔 Common Reasons DUI Evidence Is Suppressed
In Fort Lauderdale and other South Florida jurisdictions, suppression motions are often based on:
- Lack of probable cause:The officer had no legal reason to stop your vehicle.
- Illegal search:Police searched your car without a warrant or valid exception.
- Improper arrest procedure:You weren’t read your Miranda rightsbefore questioning.
- Unreliable field sobriety tests:Poor test conditions or medical issues compromised the results.
- Faulty breathalyzer machines:Inaccurate calibration or expired certification.
Read more about Know Your Rights After a DUI Arrest
📝 How a Fort Lauderdale DUI Lawyer Files a Motion to Suppress
After reviewing your arrest report, video evidence, and breath/blood test records, your lawyer will:
- Identify constitutional violations
- Draft and file a motion to suppress evidence
- Argue the motion during a pre-trial hearing
If successful, suppressed evidence (like a breath test or incriminating statement) cannot be used against youin court.
🛑 Why Suppression Can Be a Game-Changer in DUI Cases
In many DUI cases, the prosecution relies heavily on physical evidence— like BAC results, field sobriety test footage, or the officer’s observations. If that evidence is thrown out, prosecutors may have no choice but to:
- Offer a favorable plea (e.g., reckless driving)
- Drop the case altogether
- Avoid trial to prevent a suppression ruling from setting legal precedent
Learn more about Florida DUI minimum penalties and license suspension.
👨⚖️ DUI Arrest in South Florida? Let’s Talk Suppression Strategy
At Michael White, P.A., we represent DUI clients throughout Fort Lauderdale, Broward County, Palm Beach, and Miami-Dade. As a former prosecutor, I know how the other side builds its case — and how to challenge it effectively.
📞Call (954) 270-0769or request a free consultation online
💬 Frequently Asked Questions
What is a Motion to Suppress in a DUI Case?
It’s a legal motion asking the court to exclude evidence that was obtained in violation of your constitutional rights.
Can DUI charges be dropped if evidence is suppressed?
Yes. If key evidence like a BAC test or confession is suppressed, the prosecution may be forced to reduce or dismiss charges.
What kind of evidence can be suppressed in a DUI case?
Common examples include breathalyzer results, field sobriety tests, statements made to police, or evidence found during an illegal stop or search.
Do I need a lawyer to file a motion to suppress in Florida?
Absolutely. Suppression motions are technical and must be backed by legal argument. An experienced Fort Lauderdale DUI attorney is essential.
Q: How do I know if I have grounds to suppress DUI evidence in Florida?
Your attorney will review your arrest report, video footage, and test results to identify constitutional violations like unlawful stops, searches, or improper procedures. If your rights were violated, you may have a strong basis to suppress evidence.