Challenging the initial stop of your vehicle, which resulted in a DUI arrest, is an available defense for a DUI in Clearwater. Both the United States Constitution and Florida Constitution protect a person from illegal seizures by law enforcement agents. In order to lawfully stop a vehicle in Clearwater, police must have a well-founded basis that a person has committed a traffic violation or has committed a crime. Without a legitimate reason for the initial stop, any evidence, such as statements, contraband or breath alcohol test results, resulting from the invalid stop may be prohibited from being used in court.

Often times in a DUI case, the arresting officer will indicate that he witnessed driving patterns, such as weaving, consistent with drunk driving. This is not a valid reason alone for police to stop a vehicle because there are many innocent reasons for weaving. Thus, an officer must possess more evidence of a traffic violation or criminal act in order to conduct a valid stop. An officer might also conduct an invalid stop for a DUI based upon a tip from another person or driver. However, if the officer did not observe the suspect driving in a manner that would justify the stop, the DUI could be dismissed. If you believe that Clearwater Police, Pinellas County Sheriffs or Florida Highway Patrol stopped your vehicle illegally, contact our skilled attorneys today at 727-222-3610 to discuss your defense.