Florida’s beautiful weather and vibrant nightlife make it a popular destination, but they also contribute to its roads being heavily monitored, leading to many Florida DUI traffic stops for impaired driving. Facing a Driving Under the Influence (DUI) charge in Florida is a serious matter with potentially life-altering consequences, including jail time, hefty fines, license suspension, and a permanent criminal record. While the best advice is always don’t drink and drive, understanding your rights and the legal landscape surrounding DUI stops is crucial if you find yourself interacting with law enforcement under suspicion of impairment.

This post, drawing upon constitutional principles and Florida-specific laws, aims to shed light on what happens during a Florida DUI Traffic Stop, the legal standards officers must meet, and the critical protections afforded to you by the Fourth Amendment of the U.S. Constitution. We’ll explore concepts like reasonable suspicion, probable cause, community caretaking, curtilage, warrantless searches, implied consent, and how evidence can be challenged. Our focus is specifically on Florida law and procedures as of April 28, 2025.

5 questions and answers About Florida DUI Traffic Stops:

Do police need a specific traffic violation to pull me over for a DUI investigation in Florida?

Generally, yes. Police need “reasonable suspicion” of a traffic violation or criminal activity, like erratic driving, to justify most stops. While the “community caretaking” doctrine allows stops for welfare checks without a specific violation, this exception requires genuine safety concerns and is closely reviewed by courts. Simply driving slightly off-center might not be enough if challenged successfully.

Am I required to do the roadside exercises (like walking a line) if a Florida officer asks me to during a DUI stop?

No, Field Sobriety Exercises (FSEs) such as the walk-and-turn or one-leg stand are voluntary in Florida. You have the right to politely refuse them without facing a direct penalty like license suspension just for the refusal itself. However, officers may not tell you they are optional, and the fact you refused could potentially be mentioned in court.

What is Florida’s Implied Consent law and what happens if I refuse the breathalyzer?

Florida’s Implied Consent law means that by driving in the state, you agree to take an official chemical test (like a breathalyzer) after you’ve been lawfully arrested for DUI. Refusing this post-arrest test results in an automatic driver’s license suspension: one year for a first refusal, and 18 months (plus a separate misdemeanor charge) for subsequent refusals. This is separate from any criminal DUI penalties.

Can police follow me onto my property or enter my yard without a warrant if they suspect me of DUI in Florida?

Your home and its “curtilage” (the immediate surrounding area like your yard) have strong Fourth Amendment protections. Police generally need a warrant to enter this area. Exceptions like “exigent circumstances” are narrow, and minor offenses like DUI often don’t justify a warrantless entry onto your property unless there’s a true emergency or active, continuous pursuit.

If I think the police violated my rights during a DUI stop, what can be done?

If your rights were violated (e.g., an illegal stop, unlawful search, or improper questioning), your attorney can file a Motion to Suppress. This asks the judge to exclude any evidence obtained as a result of the violation. If the motion is granted, the suppressed evidence cannot be used against you, which can significantly weaken the prosecution’s case and potentially lead to reduced charges or dismissal.

Recent Fresh Pursuit and Caught Near the House Cases

Florida DUI Traffic Stop Search and Seizure Cases: Two Key Rulings on Suppression of Evidence

🚨 Call Now If You’ve Been Charged: 813-222-2220 | Visit DUI2Go.com

Get experienced help from Tampa Criminal Defense Attorney W.F. “Casey” Ebsary Jr. for DUI arrests involving search and seizure violations.

Case Summary 1: DUI, Curtilage, and Warrantless Search

Key Issue: Whether deputies lawfully entered the protected area (curtilage) of a defendant’s home without a warrant after following tire tracks from a vehicle that was towed from a ditch.

Ruling: The court granted the motion to suppress. Deputies violated the Fourth Amendment by conducting a Florida DUI Traffic Stop and entering the curtilage of the home—an area near the barn at the back of the property, concealed by foliage and accessible only by a long driveway—without a warrant or valid exception.

Key Takeaways:

• The alleged offenses (DUI and leaving the scene of an accident) were misdemeanors, and no exigent circumstances existed.
• The court rejected claims of the emergency aid exception, finding no credible evidence that the defendant was unconscious or in need of help.
• No fresh pursuit justified the intrusion, as the defendant was already at home and not attempting to flee.

Relevant Law and Citations:

• Fourth Amendment, U.S. Constitution – Justia
• Florida Statutes § 316.193 (DUI) – Justia Link
• Florida Statutes § 901.15(1) – Warrantless arrest limitations – Justia Link

Case Summary 2: DUI Stop and the Community Caretaking Doctrine

Key Issue: Whether law enforcement could legally stop a vehicle under the community caretaking function when no clear traffic violation occurred.

Ruling: The court granted the motion to suppress evidence. The dash cam video contradicted the trooper’s claim that the defendant was swerving or driving erratically. The driver maintained a safe speed, stayed in the lane, and obeyed traffic signals.

Key Takeaways:

• Community caretaking is a narrow exception and does not authorize stops without observable danger or crime.
• Trooper’s observations were subjective and not supported by video evidence.
• A mere suspicion without concrete justification does not meet the constitutional standard for a lawful Florida DUI Traffic Stop.

Relevant Law and Citations:

• Fourth Amendment, U.S. Constitution – Justia Link
• Florida Statutes § 901.151 (Florida Stop and Frisk Law) – Justia Link

📞 Contact an Experienced DUI Defense Attorney in Tampa

If your DUI arrest involved a questionable search or vehicle stop, you may have grounds to suppress the evidence.

Call 813-222-2220

✅ Call Casey the Lawyer now at 813-222-2220
✅ Visit the contact page: DUI2Go.com/contact-us
✅ Learn more: About W.F. “Casey” Ebsary Jr.

The Fourth Amendment: Your Shield Against Unreasonable Searches and Seizures

Before diving into the specifics of a Florida DUI Traffic Stop, it’s essential to understand the foundation of your rights in this context: the Fourth Amendment to the U.S. Constitution. As affirmed by Florida courts and law, this amendment protects individuals from unreasonable searches and seizures by the government, including law enforcement.

• U.S. Constitution, Amendment IV: https://www.google.com/search?q=https://www.justia.com/constitution/us/amendment-04/

This means that generally, police need a warrant based on probable cause to search you, your car, or your home. However, the courts have carved out exceptions, particularly in the context of vehicle stops and DUI investigations. Understanding when police can act without a warrant, and the limits on that power, is key. Florida law vigorously upholds these protections, requiring officers to justify their actions at every stage. An illegal search or seizure occurs when law enforcement acts without a warrant or a valid exception, potentially leading to the suppression of evidence.

The Initial Encounter: Why Were You Pulled Over?

A DUI investigation almost always begins with a traffic stop. But police can’t just pull over any car they wish. They need a legally valid reason. In Florida, common reasons include:

1. Observed Traffic Violation: Speeding, running a red light, illegal lane change, broken taillight, expired tag, etc. This is the most frequent basis for a stop.
2. Erratic Driving: Swerving significantly within a lane, driving unusually slowly, braking erratically, near-collisions – driving patterns suggesting impairment.
3. DUI Checkpoints (Sobriety Roadblocks): These are legal in Florida but must adhere to strict constitutional guidelines regarding planning, execution, and minimizing intrusion.
4. Community Caretaking / Welfare Check: An officer might stop a vehicle out of concern for the driver’s well-being or public safety, even without observing a specific violation.

Legal Standard for the Florida DUI Traffic Stop: Reasonable Suspicion

For most traffic stops (excluding checkpoints), an officer needs “reasonable suspicion” that a crime or traffic infraction has been, is being, or is about to be committed. This standard comes from the landmark U.S. Supreme Court case Terry v. Ohio.

• Landmark Case: Terry v. Ohio, 392 U.S. 1 (1968)
• Justia Link: https://supreme.justia.com/cases/federal/us/392/1/

Reasonable suspicion is more than a mere hunch or guess, but it’s less than probable cause (the standard needed for an arrest). The officer must be able to point to specific, articulable facts that, viewed objectively under the totality of the circumstances, suggest criminal activity or a traffic violation. Florida codifies aspects of this standard in its “Stop and Frisk Law.”

• Florida Statute: Section 901.151, Florida Statutes (Stop and Frisk Law)
• Justia Link: https://www.google.com/search?q=https://law.justia.com/codes/florida/2023/title-xlvii/chapter-901/section-901-151/

The Community Caretaking Doctrine: A Controversial Exception

Sometimes, an officer might justify a stop based on the “community caretaking” doctrine, arguing they were checking on the driver’s welfare. This doctrine, originating from Cady v. Dombrowski, recognizes that police perform functions beyond criminal investigation, including ensuring public safety.

• Originating Case: Cady v. Dombrowski, 413 U.S. 433 (1973)
• Justia Link: https://supreme.justia.com/cases/federal/us/413/433/

Cady Held:

“The warrantless search of the Ford did not violate the Fourth Amendment as made applicable to the States by the Fourteenth. The search was not unreasonable, since the police had exercised a form of custody of the car, which constituted a hazard on the highway, and the disposition of which by respondent was precluded by his intoxicated and later comatose condition; and the revolver search was standard police procedure to protect the public from a weapon’s possibly falling into improper hands. “

In Florida, this doctrine can allow officers to stop a vehicle for a welfare check if driving patterns suggest the driver might be ill, impaired, or otherwise unfit, posing a danger. However, this is a frequently challenged area. As illustrated in one of the case summaries we reviewed earlier, merely driving slightly off-center within the lane, while otherwise operating safely, was deemed insufficient to justify a stop under this doctrine when dashcam footage contradicted the officer’s claims of more erratic driving. The stop was ruled unlawful, and the evidence suppressed.

Recent case law, like Caniglia v. Strom, has also clarified that community caretaking does not create a broad warrant exception for entering homes, signaling potential limits on its application elsewhere.

• Relevant Case: Caniglia v. Strom, 593 U.S. ___ (2021)
• Justia Link: https://www.google.com/search?q=https://supreme.justia.com/cases/federal/us/593/18-157/

Caniglia Held:

“Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the home. Cady held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment. In reaching this conclusion, the Court noted that the officers who patrol the “public highways” are often called to discharge noncriminal “community caretaking functions,” such as responding to disabled vehicles or investigating accidents. 413 U. S., at 441. But searches of vehicles and homes are constitutionally different, as the Cady opinion repeatedly stressed. Id., at 439, 440–442. The very core of the Fourth Amendment’s guarantee is the right of a person to retreat into his or her home and “there be free from unreasonable governmental intrusion.” Florida v. Jardines, 569 U.S. 1, 6. A recognition of the existence of “community caretaking” tasks, like rendering aid to motorists in disabled vehicles, is not an open-ended license to perform them anywhere. “

If a stop is based purely on community caretaking, the officer’s justification will be closely scrutinized. If the court finds the stop lacked sufficient basis (i.e., no reasonable suspicion of a violation or a genuine, articulable welfare concern), any evidence gathered afterward may be suppressed.

During the Stop: Interaction and Initial Observations

Once stopped, the officer will approach your vehicle. You are legally required in Florida to provide your driver’s license, vehicle registration, and proof of insurance upon request.

The officer will likely ask questions, potentially including “Have you had anything to drink tonight?”. Here, your Fifth Amendment right against self-incrimination is critical. You have the right to remain silent and not answer potentially incriminating questions. It’s generally advisable to be polite but firm, stating something like, “Officer, I’d prefer not to answer any questions without my attorney present.”

While you interact, the officer is making observations:

• Do they smell alcohol on your breath or in the car?
• Are your eyes bloodshot or watery?
• Is your speech slurred?
• Are you fumbling with your documents?
• Are there open containers visible in the car?

These observations, combined with the reason for the stop and your driving pattern, help the officer decide whether to escalate the encounter into a full DUI investigation.

Developing Probable Cause: Field Sobriety Exercises (FSEs)

If the officer suspects impairment based on initial observations, they will likely ask you to step out of the vehicle and perform Field Sobriety Exercises (FSEs), sometimes called “tests.” In Florida, the commonly used standardized FSEs (SFSTs) developed by NHTSA are:

1. Horizontal Gaze Nystagmus (HGN): The officer checks for involuntary jerking of the eyes as they follow a stimulus (like a pen or finger).
2. Walk-and-Turn: You’re asked to take nine heel-to-toe steps along a real or imaginary line, turn in a specific manner, and take nine steps back. The officer looks for indicators like losing balance, starting too soon, stopping while walking, missing heel-to-toe, stepping off the line, using arms to balance, improper turn, or incorrect number of steps.  
3. One-Leg Stand: You’re asked to stand on one leg with the other foot raised about six inches off the ground for approximately 30 seconds. The officer looks for swaying, using arms to balance, hopping, or putting the foot down.

Crucially, in Florida, FSEs are VOLUNTARY. You are not legally required to perform them, and there is no direct administrative penalty (like license suspension) solely for refusing FSEs. Officers may not explicitly tell you they are voluntary. You can politely decline.

However, be aware that the fact of your refusal can potentially be mentioned in court as consciousness of guilt, though the defense can argue there are many innocent reasons to refuse (e.g., physical limitations, nervousness, poor conditions). Performing FSEs essentially provides the officer with more potential evidence to establish probable cause for arrest.

Pre-Arrest Breath Tests (PBTs)

The officer might also ask you to take a preliminary or portable breath test (PBT) at the roadside. This is a small, handheld device. Like FSEs, submitting to a PBT in Florida is generally voluntary before an arrest. Refusing a PBT does not carry the same Implied Consent penalties as refusing a post-arrest chemical test (discussed next). PBT results are often used by officers to help establish probable cause but may have limited admissibility in court for proving your specific Blood Alcohol Content (BAC).

The Arrest Decision: Probable Cause

To arrest you for DUI in Florida, an officer must have probable cause. This is a higher standard than reasonable suspicion. Probable cause means having enough trustworthy facts and circumstances within the officer’s knowledge to lead a reasonable person to believe that you were driving or in actual physical control of a vehicle while under the influence of alcohol or drugs to the extent that your normal faculties were impaired, or that your BAC was 0.08% or higher.

Probable cause is based on the “totality of the circumstances,” including:

• The reason for the stop (traffic violation, erratic driving)
• Your appearance and demeanor (odor of alcohol, slurred speech, etc.)
• Your statements (admissions to drinking)
• Your performance on FSEs (if performed)
• PBT results (if taken)
• Any other relevant evidence

Post-Arrest: Florida’s Implied Consent Law  

Once arrested for DUI, a critical law comes into play: Florida’s Implied Consent Law.

• Florida Statute: Section 316.1932, Florida Statutes (Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal)
• Justia Link: https://www.google.com/search?q=https://law.justia.com/codes/florida/2023/title-xxiii/chapter-316/section-316-1932/

This law states that by accepting the privilege of driving in Florida, you automatically consent to submit to an approved chemical test (usually breath, sometimes blood or urine under specific circumstances) after you have been lawfully arrested for DUI. The purpose is to determine your BAC or the presence of drugs.

The officer is required to read you the Implied Consent warnings, explaining the consequences of refusal.

Consequences of Refusing the Post-Arrest Test:

Refusing the official chemical test after a lawful arrest carries significant administrative penalties, separate from any criminal DUI penalties:

• First Refusal: Your driver’s license will be suspended for one year.
• Second or Subsequent Refusal: Your license will be suspended for 18 months, and it constitutes a separate first-degree misdemeanor crime.

Importantly, this refusal can also be used against you in your criminal DUI trial as evidence suggesting consciousness of guilt. There are extremely limited hardship license options available after a second or subsequent refusal suspension.

• Source: Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – DUI Laws
• FLHSMV Link: https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/

This puts drivers in a difficult position: submit to the test and potentially provide conclusive evidence of impairment, or refuse and face mandatory license suspension and potential criminal charges for the refusal itself. Consulting with an attorney immediately is vital.

Beyond the Roadside: Searches of Property and the Curtilage Doctrine

DUI investigations don’t always stay confined to the roadside. Sometimes, officers might follow a suspected impaired driver home or encounter them on their property. This brings us back to heightened Fourth Amendment protections, especially concerning your home and the area immediately surrounding it, known as “curtilage.”

Curtilage is legally considered part of your home for Fourth Amendment purposes. The U.S. Supreme Court in United States v. Dunn outlined four factors to determine if an area is curtilage:  

1. Proximity to the home.
2. Whether the area is within an enclosure surrounding the home (like a fence).
3. The nature of the uses to which the area is put.
4. Steps taken by the resident to protect the area from observation by passersby.

• Landmark Case: United States v. Dunn, 480 U.S. 294 (1987)
• Justia Link: https://supreme.justia.com/cases/federal/us/480/294/

Dunn Held:

“The area near the barn is not within the curtilage of the house for Fourth Amendment purposes. Extent-of-curtilage questions should be resolved with particular reference to the following four factors, at least to the extent that they bear upon whether the area claimed to be curtilage is so intimately tied to the home itself that it should be placed under the home’s “umbrella” of protection: (1) the proximity of the area to the home; (2) whether the area is within an enclosure surrounding the home; (3) the nature and uses to which the area is put; and (4) the steps taken Page 480 U. S. 295 by the resident to protect the area from observation by passersby. “

In 2025, Florida law also recognizes curtilage, often defined simply as the “yard,” but its protection is significant. Entry into the curtilage without a warrant or a valid exception is generally an illegal search.

Consider the first case summary we reviewed: Deputies followed truck tracks from a ditch onto the defendant’s property, entering an area near a barn at the rear, concealed by a long driveway and foliage. The court found this area was curtilage. Since the deputies lacked a warrant, their entry was presumptively illegal unless an exception applied. The court examined potential exceptions:

• Exigent Circumstances: An emergency situation requiring immediate action (e.g., preventing imminent destruction of evidence, escape, or harm). The court found minor offenses like leaving the scene or DUI generally do not create sufficient exigency to justify warrantless entry into a home or curtilage, citing principles from Welsh v. Wisconsin.
  • Relevant Case: Welsh v. Wisconsin, 466 U.S. 740 (1984)
  • Justia Link: https://supreme.justia.com/cases/federal/us/466/740/
• Emergency Aid: Allows entry to help someone seriously injured or threatened with such injury. The standard is objective (Brigham City v. Stuart). In the case summary, the court doubted the deputies’ claims they saw the defendant slumped over and noted bodycam footage contradicted their narrative, suggesting the entry wasn’t truly for aid.
  • Relevant Case: Brigham City v. Stuart, 547 U.S. 398 (2006)
  • Justia Link: https://supreme.justia.com/cases/federal/us/547/398/
• Fresh Pursuit: Generally requires continuous, uninterrupted pursuit of a fleeing felon. Not applicable when the defendant was already home.

Because no valid exception applied, the deputies’ entry onto the curtilage was unlawful, leading to the suppression of evidence found as a result. This highlights the robust protection afforded to one’s home and its immediate surroundings.

Challenging the Evidence: The Motion to Suppress

If law enforcement violated your constitutional rights at any stage – the stop, the search, the arrest, the questioning – the primary way to fight back in court is through a Motion to Suppress. This is a formal request asking the judge to exclude illegally obtained evidence from being used against you at trial.

Common grounds for suppression motions in Florida DUI cases include:

• Lack of Reasonable Suspicion for the Stop: Arguing the officer didn’t have a valid, articulable reason to pull you over initially (like the community caretaking stop based on minimal driving issues).
• Lack of Probable Cause for Arrest: Arguing the officer didn’t have sufficient evidence to justify the DUI arrest before invoking Implied Consent.
• Illegal Search: Challenging warrantless searches of your person, vehicle, or property/curtilage without a valid exception.
• Improperly Administered FSEs: While voluntary, if performed, arguing the tests weren’t administered according to standardized procedures, making results unreliable.
• Issues with Chemical Tests: Problems with machine calibration, operator certification, testing procedures, or chain of custody.
• Miranda Violations: If you were questioned while in custody without being read your Miranda rights, your incriminating statements may be suppressed.

The legal principle behind suppression is the Exclusionary Rule, established in cases like Mapp v. Ohio. It mandates that evidence obtained through constitutional violations must be excluded. This includes “fruit of the poisonous tree” – evidence discovered later as a direct result of the initial illegality.

• Landmark Case: Mapp v. Ohio, 367 U.S. 643 (1961)
• Justia Link: https://supreme.justia.com/cases/federal/us/367/643/

If a Motion to Suppress is granted regarding key evidence (like the stop itself, breath test results, or incriminating statements), it can severely weaken the prosecution’s case, often leading to reduced charges or even dismissal. Both case summaries discussed earlier resulted in granted motions to suppress, demonstrating the power of this defense tool.

Key Florida DUI Statutes at a Glance

• Section 316.193, Florida Statutes: Defines DUI, prohibits driving or being in actual physical control while impaired or with a BAC of 0.08 or higher, and outlines criminal penalties (fines, jail, probation, vehicle impoundment, etc.). Penalties increase significantly for repeat offenses or aggravating factors (high BAC, minor in vehicle, accident with injury/death).
  • Justia Link (Main DUI Statute): https://www.google.com/search?q=https://law.justia.com/codes/florida/2023/title-xxiii/chapter-316/section-316-193/
• Section 316.1932, Florida Statutes: Implied Consent Law (discussed above).
• Section 316.1933, Florida Statutes: Procedures for mandatory blood testing in cases involving death or serious bodily injury.
• Section 316.1934, Florida Statutes: Legal presumptions based on BAC levels (e.g., BAC 0.08 or higher creates a presumption of impairment).

Practical Steps: What To Do If Stopped for DUI in Florida

While every situation is unique, here are general guidelines:

1. Pull Over Safely: Signal and pull over to a safe location as soon as possible. Turn off the engine, turn on interior lights at night, and keep your hands visible on the steering wheel.
2. Be Polite: Remain calm and courteous, but don’t volunteer information. Rudeness won’t help.
3. Provide Documents: Hand over your license, registration, and insurance when asked.
4. Invoke Your Right to Remain Silent: You don’t have to answer questions like “Where are you coming from?” or “Have you been drinking?”. You can politely state, “I wish to exercise my right to remain silent” or “I won’t answer questions without my attorney.”
5. Refuse Field Sobriety Exercises: Politely decline to participate in FSEs. State clearly, “I decline to take any field sobriety tests.”
6. Refuse Pre-Arrest PBT: Politely decline any roadside portable breath test before an arrest.
7. Implied Consent Decision (Post-Arrest): This is complex. Understand the severe consequences of refusal (mandatory license suspension, separate crime for repeat refusals). Weigh this against providing potentially damning evidence. This is a critical point to discuss with an attorney ASAP.
8. Do Not Consent to Searches: Do not give consent to search your vehicle or your person. Police need probable cause or a warrant. Simply state, “Officer, I do not consent to any searches.” (Note: They may still search under certain exceptions like search incident to arrest or the automobile exception if they independently establish probable cause).
9. Contact an Attorney Immediately: If arrested, contact a qualified Florida DUI defense attorney as soon as possible. They can advise you on the implied consent decision, protect your rights during questioning, and begin building your defense.

Conclusion: Knowledge is Power

A DUI charge in Florida is daunting, but it doesn’t automatically mean conviction. The encounter, from the initial stop to the chemical test, is governed by complex legal standards and constitutional protections. Understanding the requirements for reasonable suspicion and probable cause, the limits on police actions under doctrines like community caretaking, the heightened protection of your home’s curtilage, and your rights regarding questioning and testing is crucial.

Challenging potentially illegal police conduct through motions to suppress is often the most effective defense strategy. As the case summaries illustrated, successful challenges based on violations of Fourth Amendment rights can lead to the exclusion of critical evidence and potentially favorable outcomes.

If you are facing DUI charges in Florida, do not navigate the legal system alone. The stakes are too high. Consult with an experienced Florida DUI defense attorney immediately to understand your specific situation and explore all available defenses.

Original Post from 2011 Updated to 2025

Tampa DUI Defense Attorney has been reviewing a recent Driver’s license suspension case involving a Suspension for Driving under influence. The court addressed the Lawfulness of a traffic stop where the Officer was acting outside of the jurisdiction of the law enforcement agency. The stop was based upon Speeding and a lane change to go around another vehicle. The court ruked that activity did not constitute a breach of peace that could justify an officer stopping a vehicle outside of his jurisdiction. The cop claimed he was making a citizen’s arrest. The police submitted no evidence that there was a mutual aid agreement. License suspension was not valid.

Bad Traffic Stop in Your Case? Call 1-877-793-9290 .

Case Excerpts:

“The initial issue for consideration is whether Officer Waldrep of the Neptune Beach Police Department had legal authority to stop Ms. Smyth within the jurisdiction of the City of Jacksonville when he was not in fresh pursuit or effecting a citizen’s arrest due to erratic driving which constituted a breach of the peace.”

“The appellate courts which have considered the issue of what constitutes “erratic driving” have held that much more is required for a citizen’s arrest of an erratic driver. See Edwards v. State, 462 So.2d 581 (Fla. 4th DCA 1985); State v. Furr, 723 So.2d 842 (Fla. 1st DCA 1998) [23 Fla. L. Weekly D2514a]; State v. Pipkin, 927 So.2d 901 (Fla. 3d DCA 2005) [30 Fla. L. Weekly D2558a].”

“The Court finds that there was no competent substantial evidence to support the stop of the petitioner by Officer Waldrep either as a police officer or as an ordinary citizen. The Petition for Writ of Certiorari is granted, the decision of the Hearing Officer is quashed and the Order of Suspension of the Driving Privilege of the Petitioner is vacated and set aside.”

Source: FLWSUPP 1802SMYT

Tampa DUI Defense Attorney

Florida DUI Arrest Contests: Your Rights & Legal Questions

Florida DUI Arrest Contest.

When I was pulled over, did the officer seem unusually eager or aggressive?

Unfortunately, this is a common complaint in cases where arrest quotas or contests are suspected. An officer driven by such incentives may prioritize quick arrests over thorough investigation, leading to an aggressive demeanor. If you felt this way, it is vital to document specific behaviors and statements.

Did the officer mention anything about awards, quotas, or high arrest numbers?

Direct mentions are rare. However, subtle cues, like excessive focus on arrest procedures or a lack of concern for your explanations, can be red flags. We can analyze the officer’s behavior and statements to build a case against them.

Did the officer follow standard procedures, or were there any shortcuts or deviations?

Deviations from standard procedures are crucial. If the officer rushed the field sobriety tests, skipped steps, or failed to properly calibrate the breathalyzer, it could invalidate the evidence. We need to examine the police report and any available video.

Was I given a fair chance to explain myself or contact an attorney?

Your right to counsel is fundamental. If you were denied this right, it’s a serious violation. We can file motions to suppress evidence and potentially get the charges dismissed. Document any instances of denied access.

Do you think the officer was more interested in making an arrest than ensuring public safety?

That’s the core issue with these alleged contests. When officers are incentivized to make arrests, public safety can take a backseat. We will build a case to show the officers motivations, and defend your rights.

Was there any video or audio recording of the arrest?

Video and audio evidence is critical. We’ll get all available recordings to analyze the officer’s actions and statements. If there is video, it can be very helpful to your case.

Were the field sobriety tests explained clearly, and were they conducted properly?

Improperly conducted field sobriety tests are a common issue. We’ll challenge the validity of these tests, especially if you were not given clear instructions or if the testing environment was unsuitable.

Do you think the officer’s actions were influenced by a contest or pressure to make arrests?

If there’s evidence of a contest or incentive program, it strengthens your case. We’ll investigate the officer’s arrest history and any internal communications.

Have you experienced any negative consequences because of this arrest?

The consequences of a DUI arrest can be severe. We’ll work to minimize the damage to your license, reputation, and finances.

Are you aware of other people who have had similar experiences with this officer or department?

We’ll investigate any patterns of misconduct or similar complaints against the officer or department. Shared experiences can strengthen your case.

Do you feel like you were treated fairly?

If you felt unfairly treated, we’ll fight to ensure your rights are protected. We’ll challenge the arrest and hold the officer accountable.

Florida DUI Arrest Contest: The Dark Side of DUI Enforcement

• Florida DUI Arrest Contest Winners
• DUI Attorney in Pasco County, Florida
• Florida DUI Arrest Contest Winners?
• Florida DUI Arrest Contest Costs $1,720,000
• Pasco DUI Cop | Arrest Contest Winner

DUI Defense Attorney’s Observation

As we continue to tally the Florida DUI Arrest awards given to police officers who arrest drivers in contests, we felt this a newsletter that has since been deleted from the Tampa Police Department would continue to establish that enforcement of DUI has become a contest, where the prizes are awarded to the cops, and the criminal record is given to the drivers. We have yet to receive an answer to these questions: “Do they have to give the award back when someone is cleared of the charges after one of these arrests?” and “Who paid for the trip, hotel rooms, and travel expenses?”

Have you been a pawn in this game? Call Me Toll-Free to Discuss 1-877-793-9290.

Let us help you 813.222.2220

DUI Arrest Contest News

“[T]he State of Florida MADD Chapter hosted the 8th Annual MADD Awards in Tallahassee. Six members of the DUI Unit attended the banquet and accepted the awards. Officers were recognized for making over 100 individual DUI arrests. Sixteen members, past and present, were presented this award: Sgt. Doug Groves, Cpl. Edwin Bodamer, MPOs Kenny Setser, Steve Wilson, John Vallejo, Steve Buchanan, Brian Reschke, Dean Uno, Officers Ferdinand Barbosa, James Blanchard, Anthony Portman, Steven Cragg, Peter Bucher, Kristie Borgo, Joseph Sustek, and Juan Melo.

MADD also presented a “Century Achievers Award” for officers who have exceeded 1000 individual DUI arrests. Seven members of the DUI Unit were presented this award: MPOs Kenny Setser, Steve Wilson, John Vallejo Steve Buchanan, Officers James Blanchard, Anthony Portman and Juan Melo.

Only 39 officers in Florida have achieved this milestone award. Cpl. Edwin Bodamer and MPO John Vallejo were given an award for the Zero Tolerance (underage drinking) citations issued in 2007. The Tampa DUI Unit continues to lead the DUI efforts in Florida and being recognized on this level by MADD.”

Arrest Contest Rules

Introduction

The Florida DUI Sustained Enforcement Program supports the goal of promoting high visibility DUI enforcement operations. The program, administered by the FDOT Safety Office, offers an incentive program with four participation levels, allowing law enforcement agencies to choose a level that aligns with their manpower availability.

Participation and Equipment Catalog

The Law Enforcement Liaison Program collects monthly reports from participating agencies, assesses their participation level at the end of the calendar year, and provides access to an online equipment catalog. Agencies can select DUI enforcement equipment based on earned participation points directly from the catalog.

Saturation Patrol

A saturation patrol involves assigning several officers to DUI enforcement duties in a defined high-crash area of the agency’s jurisdiction. Minimum staffing guidelines vary based on agency size, and patrols must operate for a minimum of four hours between 7 pm to 4 am. Press releases are required to promote public awareness, and agencies receive credit for one saturation patrol per day.

DUI Checkpoint

A DUI checkpoint is a roadblock where motorists are stopped and checked for signs of impairment. Agencies must develop a detailed operational plan, hold a pre-checkpoint briefing, and send a press release at least two days prior to meet legal requirements. Checkpoints must be conducted between 7 pm to 4 am on Fridays, Saturdays, or Sundays, with waivers available for special events during the week.

Modified Sustained Enforcement Program (2009)

The program has four levels of participation, with points earned for specific DUI enforcement activities. Points determine the level of participation, and participating agencies can earn equipment compensation based on their achieved level. Award levels are Platinum ($15,000), Gold ($10,000), Silver ($5,000), and Bronze ($2,500).

Random Drawing Incentives

Agencies qualifying at the Bronze or Silver levels are eligible for a random drawing for a laser speed measuring device. Agencies at the Platinum or Gold levels qualify for a random drawing for additional incentives.

Source: Florida DUI Sustained Enforcement Program

DUI Enforcement Activity Points

Award Levels

Florida DUI Arrest Contest Winners | DUI Tampa Driving Under the Influence

Challenging Assumptions

Before you believe that officers do not have an incentive to arrest for Florida DUI in the Tampa Bay area, DUI Attorney W.F. ‘Casey’ Ebsary, Jr. noted there was a recent DUI Award Banquet Honoring Florida Highway Patrol Officers with Over 100 DUI Arrests, according to MADD.

Award Recognition

They used to post these awards online until we started asking award winners about these contests in court – here was the old link http://www.madd.org/chapter/1200_2981.

Outstanding Achievements

Also awarded were officers with over a 1000 arrests.

Contest Winners

There were 13 contest winners at the Hillsborough County Sheriff’s Office (HSCO). There were 16 contest winners at the Tampa Police Department (TPD). These were just the officers who got over a hundred in the year. There are others with less.

Hillsborough County Sheriff’s Office

Deputy Jackie Brock Hillsborough County Sheriff’s Office
Deputy Beau Dobson Hillsborough County Sheriff’s Office
Deputy James Glover Hillsborough County Sheriff’s Office
Deputy Carolyn Jolly Hillsborough County Sheriff’s Office
Deputy Carl McCalla Hillsborough County Sheriff’s Office
Deputy Jimmy McDowell Hillsborough County Sheriff’s Office
Deputy Matthew McMurphy Hillsborough County Sheriff’s Office
Deputy Felix Moret Hillsborough County Sheriff’s Office
Deputy Lawrence Morrell Hillsborough County Sheriff’s Office
Deputy Shawn Morrey Hillsborough County Sheriff’s Office
Deputy Kevin Stabins Hillsborough County Sheriff’s Office
Deputy Candace Steinmeir Hillsborough County Sheriff’s Office
Deputy Anthony Watson Hillsborough County Sheriff’s Office

Tampa Police Department

Officer Ferdinand Barbosa Tampa Police Department
Officer James Blanchard Tampa Police Department
Corporal Edwin Bodamer Tampa Police Department
Officer Kristie Borgo Tampa Police Department
Master Patrol Officer Steven Buchanan Tampa Police Department
Officer Peter Bucher Tampa Police Department
Officer Steven Cragg Tampa Police Department
Corporal Douglas Groves Tampa Police Department
Officer Juan Melo Tampa Police Department
Officer Anthony Portman Tampa Police Department
Master Patrol Officer Brian Reschke Tampa Police Department
Master Patrol Officer Kenneth Setser Tampa Police Department
Officer Joseph Sustek Tampa Police Department
Master Patrol Officer Dean Uno Tampa Police Department
Master Patrol Officer John Vallejo Tampa Police Department
Master Patrol Officer Steven Wilson Tampa Police Department

1000+ DUI Awards

Deputy Jackie Brock Hillsborough County Sheriff’s Office
Deputy Lloyd Hyder Hillsborough County Sheriff’s Office
Deputy Felix Moret Hillsborough County Sheriff’s Office
Deputy Lawrence Morrell Hillsborough County Sheriff’s Office
Deputy Paul Shute Hillsborough County Sheriff’s Office
Deputy Gregory Williams Hillsborough County Sheriff’s Office

Officer James Blanchard Tampa Police Department Office
Master Patrol Officer Steven Buchanan Tampa Police Department
Officer Juan Melo Tampa Police Department Office
Officer Anthony Portman Tampa Police Department Office
Master Patrol Officer Kenneth Setser Tampa Police Department Office
Master Patrol Officer John Vallejo Tampa Police Department Office
Master Patrol Officer Steven Wilson Tampa Police Department Office

Florida DUI 100 Arrest Contest Winners

DUI Defense Attorney Observes: The increasing number of awards bestowed upon police officers for DUI arrests has turned law enforcement into a competition, as highlighted in this newsletter excerpt from the Tampa Police Department. The prizes go to the officers, while the drivers face the consequences of a criminal record. Unanswered questions persist: “Must the awarded accolades be returned if the charges are later dropped?” and “Who foots the bill for the officers’ trips, accommodations, and related expenses?”

Have you found yourself caught in this contest? Call me toll-free to discuss at 1-877-793-9290.

Let us help you 813.222.2220

In Tallahassee, the State of Florida MADD Chapter recently held the 8th Annual MADD Awards, where members of the DUI Unit were acknowledged for their achievements. However, the event appeared to prioritize the quantity of DUI arrests rather than the broader safety concerns of our community. Sixteen members, both current and former, received recognition, and MADD presented a “Century Achievers Award” to officers with over 1000 individual DUI arrests. Notably, seven members of the DUI Unit received this distinction, a feat achieved by only 39 officers in Florida.

The event also highlighted officers, including Sgt. Doug Groves, Cpl. Edwin Bodamer, MPOs Kenny Setser, Steve Wilson, John Vallejo, Steve Buchanan, Brian Reschke, Dean Uno, Officers Ferdinand Barbosa, James Blanchard, Anthony Portman, Steven Cragg, Peter Bucher, Kristie Borgo, Joseph Sustek, and Juan Melo, who were honored for surpassing 100 individual DUI arrests. Additionally, Cpl. Edwin Bodamer and MPO John Vallejo were recognized for their efforts in issuing Zero Tolerance (underage drinking) citations in 2007.

While acknowledging the accomplishments of law enforcement, it is crucial to question the emphasis on arrest numbers and consider whether this aligns with the broader goals of community safety. The commitment of the Tampa DUI Unit to lead DUI enforcement in Florida is acknowledged, but the event raises concerns about the overall approach to public safety and the well-being of citizens.

If you have questions or concerns about DUI arrests or law enforcement practices, I encourage you to reach out. Call Casey Ebsary, the Lawyer, for a discussion on how we can advocate for a fair and just approach to community safety.

Observations by DUI Defense Attorney

The increasing number of awards bestowed upon police officers for DUI arrests has turned law enforcement into a competition, as highlighted in this newsletter excerpt from the Tampa Police Department. The prizes go to the officers, while the drivers face the consequences of a criminal record. Unanswered questions persist: “Must the awarded accolades be returned if the charges are later dropped?” and “Who foots the bill for the officers’ trips, accommodations, and related expenses?”

Concerns about Traffic Enforcement Initiative

A Harley Davidson Road King patrol motorcycle has been awarded to the traffic enforcement division of the sheriff’s office in a Florida county.

The sheriff prioritized traffic enforcement upon taking office, resulting in the program being recognized as one of the state’s top initiatives. The Florida Department of Transportation’s Motor Unit Challenge randomly selected this county as the grand prize winner, securing a fully equipped $30,000 Harley.

Implications for Drivers

For drivers navigating the roads, this development raises questions. The sheriff’s emphasis on traffic enforcement, while commendable, brings about concerns regarding potential increased scrutiny on motorists. The acquisition of a new motorcycle may symbolize recognition, but it also signals heightened vigilance on the roads, potentially impacting drivers who may feel unfairly targeted.

Evaluation of Traffic Enforcement Practices

According to a law enforcement liaison in the region, being the best in Florida’s traffic enforcement goes beyond issuing tickets. A comprehensive scoring system evaluates each participating department based on factors such as citations, reductions in traffic crashes, increased seat belt usage, education, and training.

Officers from recognized programs had the opportunity to compete for the Harley in Orlando. The winning officer emerged after trying their luck with the key.

The newly acquired Harley now belongs to a deputy in the traffic division.

Source: NorthEscambia.com

Have you found yourself caught in this contest? Call me toll-free to discuss at 1-877-793-9290.

Let us help you 813.222.2220

Notes:

The State removed this from the web, we have it here:

DUI Arrest Contest Rules

City of Tampa Removed Source: http://www.tampagov.net/dept_police/Files/publications/Signal-14/Signal14Summer08.pdf.

Q&A: RIDR Program in Hillsborough County Florida – Answers from an Expert

Questions and Answers

from a

DUI Expert

As a DUI expert serving Hillsborough County, I understand the anxiety and confusion that follows a first-time DUI arrest. The RIDR program offers a potential path to resolution, but navigating its complexities is vital. This comprehensive guide breaks down the RIDR program through essential Q&A and a detailed table, clearly outlining eligibility, benefits, and restrictions.

My goal is to equip you with the knowledge needed to make informed decisions. If you’re seeking clarity and personalized legal guidance on your DUI case and the RIDR program details presented below, reach out to Casey at DUI2Go.com for expert assistance.

Why was the First-Time DUI Diversion (RIDR) program created?

The program was created to address Hillsborough County’s high rates of DUI crashes, injuries, and fatalities. It aims to reduce recidivism and improve community safety by imposing enhanced sanctions on first-time, non-aggravated DUI offenders.  

Who is eligible for the First-Time DUI Diversion program?

Eligibility criteria include: the case must be a misdemeanor DUI offense; there can be no children in the vehicle; the breath alcohol concentration must be below 0.200%; there cannot have been a crash; there cannot be a prior DUI, alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges; there cannot have been a prior DUI diversion program and no more than one non-DUI diversion program as an adult; and in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a felony sentence.

How are cases selected for the program?

Your attorney can request consideration. The State Attorney’s Office evaluates cases individually based on the specific facts. They have the sole discretion to determine eligibility. Sanction levels are determined by BAC and the nature of the offense.

What are the benefits of accepting a plea offer under this program?

Benefits include: No Conviction; reduced charge to reckless driving; withhold adjudication; 12 months probation; vehicle immobilization for 10 days; avoidance of a DUI conviction on their record; and completion of DUI school and any recommended treatment.

What are the restrictions during the diversion program?

Restrictions include: no possession or consumption of alcohol, illegal drugs, or non-prescribed drugs during the 12-month probation period; payment of standard court costs and cost of supervision; and completion of DUI school and any recommended treatment.

Table Summarizing the First-Time DUI Diversion (RIDR) Program:

Don’t Navigate Your DUI Alone: Connect with Casey Today.

If you or someone you know is facing a first-time DUI in Hillsborough County, contact Casey at DUI2Go.com today. Learn more about Casey here: https://dui2go.com/about/ For expert legal assistance regarding the First-Time DUI Diversion program, reach out to Casey at DUI2Go.com. Contact Casey here: https://dui2go.com/contact/

Original Announcement from 2018

Why Start New First-Time DUI Diversion (RIDR)?

Hillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes, injuries, and fatalities. Given the dangers of impaired driving and the importance of reducing recidivism to promote long-term Community safety, the Hillsborough County State Attorney’s Office has established the reducing impaired driving recidivism initiative. The program seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders. This First-Time DUI Diversion program also promotes consistency in the prosecution of DUI cases by eliminating the incentive for offenders to refuse to provide a breath sample during the investigation.

Who Is Eligible for First-Time DUI Diversion Program?

To be eligible for the First-Time DUI Diversion program, first, the case must be a misdemeanor DUI. There can be no children in the vehicle. Also, the breath alcohol concentration must be below .200% and there cannot have been a crash. Additionally, there cannot be a prior DUI alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges in the driver’s past. Finally, there cannot have been a prior DUI diversion program, more than one non-DUI diversion program as an adult, or in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a sentence on a felony.

What Is The Process For Selecting Cases In This DUI Diversion Program?

The state attorney’s office will evaluate all cases on an individual fact-specific basis. The state attorney’s office solely determines the individual’s eligibility for the RIDR First-Time DUI Diversion Program. There will be three sanction levels for eligible cases. Level one cases will have a breath level below .15%. Next, Level two will have breath alcohol levels above .15% but less than .20% or there has been a refusal to provide. Last, Level 3 will be for drug-related DUIs.

Why Would Someone Want To Accept A Plea Offer Under The New DUI Program?

Mainly the driver will be offered a reduced charge of reckless driving and withhold adjudication. There will be 12 months probation. Individual must pay standard court costs and cost of supervision. They will have their vehicle immobilized for 10 days. The first-time DUI offender cannot possess or consume alcohol, illegal drugs, or non prescribed drugs during that 12 month period. Also, the offender must successfully complete the DUI school and any recommended treatment.

Hillsborough County First-Time DUI Diversion Program (RIDR) – Key Information

Facing a first-time DUI in Hillsborough County? The Reducing Impaired Driving Recidivism (RIDR) program offers a crucial second chance. Understanding its intricacies is key. We announced the program originally in 2018. Through the past years, we’ve compiled essential information in the table below, followed by frequently asked questions, to help you navigate this opportunity and protect your future.

FAQ First-Time DUI Diversion (RIDR) in Hillsborough County, FL – Answers from a Former DUI Prosecutor

What is the RIDR program in Hillsborough County?

The Reducing Impaired Driving Recidivism (RIDR) program is a diversion program designed for first-time DUI offenders in Hillsborough County, FL. It offers an alternative to traditional court proceedings, allowing eligible individuals to avoid a DUI conviction by successfully completing specific program requirements.

Am I eligible for the RIDR program?

Eligibility is determined on a case-by-case basis. Generally, you must be a first-time DUI offender in Hillsborough County with no prior felonies and a blood alcohol content (BAC) within certain limits. Other factors may also apply. It is best to contact an attorney to assess your eligibility and guide you through the program.

What are the benefits of participating in RIDR?

The primary benefit is the potential to avoid a DUI conviction, which can have significant long-term consequences. Other benefits include avoiding a criminal record, reduced penalties, such as fines and license suspension, opportunity for rehabilitation and education, and potential for license reinstatement.

What are the requirements of the RIDR program?

The RIDR program typically includes DUI School, Victim Impact Panel, Community Service, Evaluation and recommended treatment (if applicable), and a period of supervision.

How long does the RIDR program take to complete?

The program typically lasts 6-12 months, but the exact timeframe can vary depending on individual circumstances and compliance.

What happens if I fail to complete the RIDR program?

If you fail to complete the program, you will likely face traditional court proceedings, and criminal violation charges will be pursued.

Why do I need an attorney for the RIDR program?

An experienced attorney, like W.F. Casey Ebsary Jr., can assess your eligibility for the program, guide you through the application process, represent you in court and with program officials, advocate for your best interests, ensure you understand all aspects of the program and your rights, and help mitigate any issues that arise during the process. Casey was a Prosecutor in one of the first diversion programs in Hillsborough County over 20 years ago.

How can W.F. Casey Ebsary Jr. help me with my first-time DUI case?

W.F. Casey Ebsary Jr. is an expert attorney with extensive experience in DUI cases in Hillsborough County. He can provide knowledgeable legal representation, ensuring you understand your options and helping you navigate the RIDR program or other legal avenues. Contact him at 813-222-2220 for a consultation.

What are the costs associated with the RIDR program?

Costs include program fees, evaluation fees, and legal fees. It is essential to discuss these costs with your attorney to understand the financial implications.

How do I get started with the RIDR program?

The first step is to contact an experienced DUI attorney like W.F. Casey Ebsary Jr. He can assess your case and guide you through the process. Call 813-222-2220 today.

Call 813-222-2220

• First-Time DUI Diversion
• Avoiding a Criminal Record for DUI with RIDR Program
• Reducing Impaired Driving Recidivism – Established DUI Diversion
• What is the DUI Program in Tampa Hillsborough County, Florida?
• Hillsborough County DUI Penalties

Original Reducing Impaired Driving Recidivism Announcement 2018

We just found out from Rena J. Frazier, Chief of Policy and Communication in the Office of the State Attorney 13th Judicial Circuit, “The State Attorney’s Office is commencing a new DUI initiative called Reducing Impaired Driving Recidivism (RIDR), aimed at reducing impaired driving through enhanced sanctions. RIDR will become effective on March 1, 2018.”

Reducing Impaired Driving Recidivism – RIDR

Program To Help Reduce Repeat DUI Offenders

This is breaking news. At this point, this is all we know. This includes all of Hillsborough County. Recidivism is the likelihood of a convicted criminal to carry out another crime. The new policy hopes to lessen the chance of the driver ever getting a second DUI.

This change in policy is important for drivers charged with their 1st DUI. According to Florida law, pretrial intervention programs can are available for a first time DUI driver as long as they have spoken with a lawyer, agrees to complete the program, waives the right to speedy trial, and the victim, the state, and the judge have all agreed.

The Office of the State Attorney, 13th Judicial Circuit just developed their own DUI Diversion Program. Therefore, we will look at some of Florida’s already established DUI diversion programs. The 8th, 9th, 11th & 15th Circuit Courts all use DUI Diversion for a driver’s first DUI charge. Furthermore, each Circuit Court has different admission rules and distinct program requirements. Update: This Hillsborough County program started March 1, 2018. You can read about what the state’s attorney is looking for, what you might need to know, who is eligible and why you might want to be a part of this program.

Admission Requirements Are Confusing

First of all, some of the confusion of this process is shown below. Since each county has developed their program independently, the demands on the DUI driver differ. Therefore for help, call (813) 222-2220. In Orange and Osceola Counties, only legal U.S. residents can join the DUI Diversion Program. As a result, a tourist, a foreign national or someone on an F1 student visa charged with a DUI could never enter the DUI Diversion program in the Ninth Circuit Court. In Miami-Dade County, there is no upper limit on your breath alcohol concentration (BAC) to make you ineligible. But that same county requires that you sign a statement of guilt before entering. Three of the Circuit Courts (8th, 11th, and 15th) will refuse your admission if a child or animal was with you in the vehicle at the time of the charge. Another difference is that only the 8th Circuit Court will use drunken aggression as a reason to deny your access to the program.