No Probable Cause for a DUI Arrest in Florida

What happens if the arresting officer had no probable cause of Driving Under the Influence of Alcohol or Controlled Substances (DUI) before making a DUI arrest? In those cases, the DUI defense attorney can file and litigate a Motion to Suppress any and all evidence seized, including all statements and physical observations, as well as any refusals of breath test and field sobriety exercises.

In Florida, the legal standard necessary under the Fourth Amendment of the United States and Florida Constitution is probable cause that the driver was DUI. Probable cause requires more than just a Defendant having consumed an alcoholic beverage before driving. In State v. Kliphouse, 771 So.2d 16 (Fla. App. 4th Dist. 2000), the court concluded that “[p]robable cause for a DUI arrest must be based upon more than a belief that a driver has consumed alcohol; it must arise from facts and circumstances that show a probability that a driver is impaired by alcohol or has an unlawful amount of alcohol in his system.”

If the court finds no probable cause supported the DUI arrest, then it should grant the Motion to Suppress evidence seized pursuant to the Defendant’s arrest without probable cause, including observations, statements, and any refusals to submit to breath or field sobriety tests.

Read more about the most common DUI defenses in Florida.

This article was last updated on Friday, May 23, 2025.