Your DUI Defense: How Attorneys Use Fhp Investigative Reports

By W.F. Casey Ebsary, Jr. – Florida Board-Certified DUI Defense Lawyer
📞 Call Now: (813) 222-2220
📧 Email: centrallaw@gmail.com
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📍 Serving all of Tampa Bay, Florida

Introduction: Your DUI Defense Starts Here

Were you recently arrested for DUI by the Florida Highway Patrol (FHP)? Don’t panic—the road to your defense begins with the investigative report. As a seasoned DUI defense lawyer, I, W.F. Casey Ebsary, Jr., use these detailed reports to uncover critical flaws that can turn the tide in your case. At dui2go.com, we break down every line of the FHP DUI packet to build powerful defenses.

Every case is unique. Past results do not guarantee future outcomes. This page explains how investigative reports can be key to your defense strategy under Florida DUI laws.

5 Frequently Asked DUI Defense Questions (FAQs)

What is an FHP DUI Investigative Packet, and why is it important?

The Florida Highway Patrol DUI Investigative Packet includes vital documents such as the arrest report, DUI citation, breath test affidavit, and field sobriety test results. These materials form the foundation of the prosecution’s case. A skilled defense attorney like W.F. Casey Ebsary, Jr. can dissect these documents to find inconsistencies, errors, or violations of your rights. These findings may lead to suppressed evidence or even a dismissal of charges.

Can a DUI case be dismissed based on errors in the DUI packet?

Yes, DUI cases can sometimes be dismissed if legal errors or constitutional violations are found in the packet. For example, an unlawful traffic stop, improper field sobriety tests, or a flawed implied consent warning could lead to key evidence being thrown out. Each document is scrutinized to ensure law enforcement followed proper procedures. A dismissal isn’t guaranteed, but it is possible with strong legal arguments.

What happens if I refused the breath test during my DUI stop?

Refusing a breath test can lead to license suspension and be used against you in court. However, the refusal must comply with Florida’s Implied Consent Law under Florida Statute § 316.1932. If the officer gave incorrect warnings or failed to document the refusal properly, the evidence may be challenged or excluded. Attorney W.F. Casey Ebsary, Jr. has experience challenging unlawful refusals.

Are Field Sobriety Exercises (FSEs) reliable in court?

Field Sobriety Exercises are not foolproof and can be unreliable due to medical conditions, poor weather, uneven surfaces, or improper instructions. Courts recognize these issues, and Florida case law such as State v. Meador, 674 So. 2d 826 governs their admissibility. A defense attorney can challenge the validity and administration of FSEs in your case. These challenges can weaken the prosecution’s argument of impairment.

How can W.F. Casey Ebsary, Jr. help with my DUI case?

With over two decades of experience and Florida Bar Board Certification in Criminal Trial Law, W.F. Casey Ebsary, Jr. provides strategic and aggressive DUI defense. He examines every aspect of the FHP DUI packet for legal errors and procedural flaws. His deep understanding of Florida DUI laws and court procedures gives clients a significant advantage. Contact him today for a confidential case review and start building your defense.

Understanding the FHP DUI Packet

A typical FHP DUI packet includes:

• Arrest Report
• DUI Citation
• Alcohol Influence Report / Drug Influence Report
• Field Sobriety Exercise (FSE) Documentation
• Breath Test Affidavit or Refusal Affidavit
• Crash Report (if applicable)
• Affidavit of Investigative Costs

📌 Example Case Number: FHPD19OFF032773 – similar structure used in most DUI arrests.

Each document contains crucial details that a trained defense lawyer can analyze to challenge the state’s case.

Key Areas of DUI Defense Attack Based on the Packet

1. Probable Cause for the Traffic Stop

Under the Fourth Amendment, all traffic stops require reasonable suspicion.

• Case Law: Terry v. Ohio, 392 U.S. 1 (1968)
• Statute: Florida Statutes § 316.001 et seq. – Traffic Control Laws

Did the officer observe actual traffic violations (weaving, speeding, failing to signal)? Or were the cues subjective and weak? A motion to suppress evidence may be warranted.

2. Field Sobriety Exercises (FSEs)

FSEs must be conducted per NHTSA standards. Problems arise when:

• Instructions are unclear
• Tests are done on uneven or sloped surfaces
• The driver has medical issues

🧑‍⚖️ Case Law: State v. Meador, 674 So. 2d 826 (Fla. 4th DCA 1996) – outlines admissibility standards for FSEs

3. Implied Consent and Refusal to Submit

Florida drivers are subject to the Implied Consent Law.

• Statute: § 316.1932 – Test for Alcohol, Chemical, or Controlled Substances

If you refused the breath test, the officer must have provided a clear, complete warning of the consequences.

🧑‍⚖️ Case Law: State v. Taylor, 648 So. 2d 701 (Fla. 1995) – Miranda warnings are not required before breath tests.

Check the Affidavit of Refusal for compliance. A poorly executed form may lead to suppression of refusal evidence.

4. Arrest Report and Probable Cause for Arrest

There’s a difference between a lawful stop and a lawful arrest.

• Did the officer note red, watery eyes, slurred speech, or odor of alcohol?
• Were these observations consistent with video/audio recordings?
• Any discrepancies in officer statements?

These inconsistencies can be exploited to argue lack of probable cause.

5. Crash Report Analysis

If the DUI involved a crash, the HSMV Crash Report (Form 90003) may be used—but not always accurately.

• Was fault clearly established?
• Did the report make assumptions about impairment?
• Is the crash timeline consistent with your impairment level?

Accident reconstruction experts can challenge flawed conclusions.

6. Investigative Costs and Affidavits

• Statute: Florida Statute § 938.27 – Costs of Prosecution and Investigation

The State often files a request for reimbursement of investigative costs. Were these costs legitimate? Overstated? Unrelated to your case?

DUI Defense can contest improper charges in the Affidavit of Investigative Costs.

DUI Defense Strategies Using the FHP Packet

As a Florida Board-Certified Criminal Trial Lawyer, I scrutinize every page of the DUI Defense packet to find ways to:

• Suppress evidence gathered unlawfully
• Challenge breath test results
• Dispute field sobriety test accuracy
• Reveal inconsistencies in police reporting
• Negotiate for lesser charges or dismissal

Why Choose W.F. Casey Ebsary, Jr.?