Legal Question in Criminal Law in Florida

What is the officer looking for during the initial detention at the scene?

What is the officer looking for during the initial detention at the scene?

The traditional symptoms of intoxication taught at the police academies are:

(1) Flushed face;

(2) Red, watery, glassy and/or bloodshot eyes;

(3) Odor of alcohol on breath;

(4) Slurred speech;

(5) Fumbling with wallet trying to get license;

(6) Failure to comprehend the officer's questions;

(7) Staggering when exiting vehicle;

(8) Swaying/instability on feet;

(9) Leaning on car for support;

(10) Combative, argumentative, jovial or other "inappropriate" attitude;

(11) Soiled, rumpled, disorderly clothing;

(12) Stumbling while walking;

(13) Disorientation as to time and place;

(14) Inability to follow directions.

What kind of evidence does an officer need to arrest a motorist suspected of "drunk driving"?

Generally speaking, there are three kinds of evidence that a police officer will consider and gather in the investigation:

(1) gross observations of behavior in general;

(2) specific observations of balance tests and the like (usually called "field sobriety tests"); and

(3) chemical test results of the motorist's blood, breath or urine.

A police officer may arrest a motorist if the cumulative effect of the evidence convinces the officer that he has "probable cause" or "reasonable cause" to make an arrest. This is a far lower standard than the one the state must prove at trial. There the case must be proven "beyond a reasonable doubt." Although this is a high standard, it is met every day in courts all over the country.