Florida officials take driving under the influence (DUI) very seriously, and roadside investigations are a common method for law enforcement to address this issue. In some cases, simply seeing a car stopped under suspicious circumstances can result in police looking to search the vehicle.
In a recent example, enforcement officers noticed a vehicle stopped in a field and approached the driver. When questioned about the reason for the stop, the driver explained that he had fallen asleep. The police found this suspicious and moved forward with a search of the vehicle, gathering evidence that ultimately resulted in allegations of various drug related crimes.
Can police search my vehicle if parked on the side of the road?
The law allows police officers in Florida to conduct a DUI investigation such as the one above under certain circumstances. These can include:
- Observable impairment: If a driver shows signs of impairment, such as swerving, erratic driving, or violating traffic laws.
- Checkpoints: Police can conduct DUI investigations during legally established sobriety checkpoints.
These situations generally provide the legal basis for initiating a typical roadside DUI investigation. There are some exceptions, such as the case noted above. In that example the police state the investigation began after someone reported a suspicious vehicle in the field. The officers argued that when they found the driver he had given “clues” of intoxication during the initial conversation that supported a more thorough search.
Can police move forward with drug charges after this type of search?
During a DUI investigation, officers are primarily focused on gathering evidence of impairment. This can include gathering information during an initial conversation as well as field sobriety tests designed to assess a driver’s physical and cognitive abilities and the use of a breathalyzer to measure the alcohol content in a driver’s breath to determine blood alcohol concentration (BAC).
What are my rights during a DUI investigation?
Drivers have the right to remain silent during this investigation. There is no requirement to answer incriminating questions. You also have the right to challenge allegations of wrongdoing. Strategies can include:
- Improper stop: If the case involved police conducting a traffic stop, one potential defense strategy involves arguing that the initial vehicle stop was unjustified. If already parked, the driver could argue whether the police had good reason to approach the vehicle.
- Inaccuracy of tests: It can also be fruitful to contest the accuracy of any tests such as blood tests, breathalyzer, or the administration of field sobriety tests.
Roadside DUI investigations in Florida are a framework set by law to combat impaired driving. Drivers should be aware of their rights during such investigations and the conditions under which these can legally occur. If the state moves forward with charges, it is wise to consult with a legal professional experienced in DUI cases to provide further guidance and defense strategies tailored to individual circumstances.