Last updated November 2025
π A Bad Stop Can Get the Whole Case Thrown Out
In Florida, a police officer can’t just pull you over on suspicion. They need a legally valid reason to stop your vehicle β and if they donβt have one, your entire DUI case could be tossed out.
As a former prosecutor, I’ve seen DUI cases fall apart when we prove the stop was illegal. That’s why it’s so important to have a DUI lawyer in Florida who knows how to challenge the stop β not just the breath test.
At Michael White, P.A., we defend clients across Fort Lauderdale and South Florida who were pulled over unfairly and arrested unlawfully.
βοΈ When Is a DUI Stop Legal in Florida?
Under Florida Statute § 901.151, an officer must have reasonable suspicion or probable cause to initiate a stop. Examples of valid reasons include:
Speeding or running a red light
Swerving or failing to maintain a lane
Equipment violations (broken taillight, expired tag)
Witnessing a traffic violation or erratic behavior
Responding to an accident or 911 call
What doesn’t count:
Hunches or “gut feelings”
Minor lane drift or driving under the speed limit (alone)
Profiling or vague community complaints
Stopping a vehicle just to “check things out”
π‘οΈ How a DUI Lawyer in Florida Challenges the Stop
We examine every detail of the traffic stop:
πΉ Review body cam and dash cam footage
πΉ File motions to suppress if the stop lacked legal basis
πΉ Challenge whether there was reasonable suspicion for the initial stop
πΉ Prove that any evidence (breath test, field exercises) is inadmissible
πΉ Seek dismissal of the DUI charge or reduction to reckless driving
β Why Clients Hire Michael White
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Former Florida DUI prosecutor
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Aggressive use of suppression motions
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Clear, proactive communication with clients
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Trusted by professionals, students, and first-time offenders
π Arrested for DUI in Florida? Let’s Start With the Stop.
If the stop was illegal, everything that came after it may be thrown out too.
π² If you’ve been arrested for DUI, Call (954) 270-0769 or schedule a consultation
β Frequently Asked Questions
π§βοΈ Can a DUI be dismissed if the stop was illegal?
Yes. If we can prove the officer lacked legal grounds for the stop, any evidence obtained afterward may be suppressed.
βοΈ What is reasonable suspicion?
It’s a legal standard that requires specific, articulable facts — not just a hunch — to justify a traffic stop.
π Will body cam footage help my case?
Often. We use it to identify contradictions, excessive stops, or a lack of clear cause for the stop.
π¨ What if I was pulled over just for “weaving” a little?
That may not be enough on its own. We’ve beaten cases where the driving didn’t justify the stop.
π Do I need a lawyer if I failed the breath test?
Yes. If the stop itself was illegal, the breath test may be inadmissible β even if you were over the limit.