Daytona Beach DUI Suppression Lawyer
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
Many DUI cases are won long before a jury is ever selected.
In some cases, the most important battle occurs before trial through a legal procedure known as a Motion to Suppress.
A successful motion to suppress can dramatically weaken the State’s case.
In certain situations, suppression of critical evidence may result in:
- Dismissal of charges
- Reduction of charges
- More favorable plea negotiations
- Acquittal at trial
Unfortunately, many people charged with DUI never hear about suppression issues until it is too late.
Police officers must follow constitutional rules.
When those rules are violated, evidence may be excluded from court.
At the Law Offices of Patrick J. McGeehan, P.A., we carefully examine every DUI case for constitutional violations, unlawful police conduct, and procedural errors that may support suppression of evidence.
Before becoming a lawyer, Patrick served as a police officer, DUI investigator, traffic homicide investigator, police instructor, and homicide detective.
He conducted criminal investigations and later learned how to challenge them in court.
Today, he uses that experience to identify weaknesses in DUI investigations and protect his clients’ constitutional rights.
What Is A Motion To Suppress?
A Motion to Suppress is a request asking the court to exclude evidence obtained in violation of constitutional or legal requirements.
The purpose of suppression is to ensure that law enforcement officers comply with the law.
If evidence is obtained unlawfully, the court may prohibit the prosecution from using it.
Depending upon the circumstances, suppressed evidence may include:
- Statements
- Breath test results
- Blood test results
- Field sobriety exercises
- Physical evidence
- Observations made after an unlawful stop
In some cases, suppression can eliminate most of the State’s evidence.
Why Suppression Issues Matter In DUI Cases
DUI investigations often involve numerous constitutional questions.
Examples include:
- Was the traffic stop lawful?
- Was the detention lawful?
- Was there probable cause for arrest?
- Was the breath test lawfully requested?
- Was the blood draw constitutional?
- Were Miranda rights violated?
A negative answer to any of these questions may create suppression issues.
The Fourth Amendment And DUI Cases
The Fourth Amendment protects individuals against unreasonable searches and seizures.
Most DUI suppression motions involve alleged violations of the Fourth Amendment.
Questions frequently include:
- Why was the vehicle stopped?
- How long was the driver detained?
- What justified further investigation?
- Was the arrest lawful?
These issues often become the focus of suppression hearings.
Illegal Traffic Stops
One of the most common suppression issues involves the initial stop.
A police officer generally must have legal grounds to stop a vehicle.
Examples may include:
- Traffic violations
- Equipment violations
- Reasonable suspicion of criminal activity
If the stop was unlawful, much of the evidence obtained afterward may be subject to suppression.
DUI Checkpoint Challenges
DUI checkpoints are legal only when conducted in compliance with constitutional requirements.
Questions frequently include:
- Was the checkpoint properly planned?
- Were objective standards used?
- Did officers follow the operational plan?
Improper checkpoints may create suppression issues.
Related Page:
DUI Checkpoints In Florida
Unlawful Detention After A Traffic Stop
Even when the initial stop is valid, officers cannot detain a driver indefinitely.
Questions often arise regarding:
- Length of detention
- Scope of investigation
- Expansion of the stop
A lawful stop can become unlawful if improperly extended.
Lack Of Reasonable Suspicion
Many DUI investigations begin with relatively minor traffic infractions.
To expand the investigation into a DUI inquiry, officers generally must identify facts supporting additional suspicion.
Questions frequently include:
- What observations were made?
- Were those observations sufficient?
- Did the officer improperly escalate the encounter?
These issues often become important suppression arguments.
Lack Of Probable Cause For Arrest
An arrest requires probable cause.
The officer must possess sufficient facts to justify the arrest decision.
Questions frequently arise regarding:
- Field sobriety exercises
- Officer observations
- Witness statements
- Breath test evidence
Without probable cause, evidence obtained after the arrest may be challenged.
Field Sobriety Exercises And Suppression Issues
Field sobriety exercises frequently become part of suppression litigation.
Questions often include:
- Were instructions properly given?
- Were the exercises properly administered?
- Were physical limitations considered?
The reliability of these exercises may affect probable cause determinations.
Related Page:
Field Sobriety Exercises
Statements Made During DUI Investigations
Statements often become critical evidence.
Examples include:
- Admissions of drinking
- Statements regarding driving
- Explanations of events
Questions frequently arise regarding:
- Custodial interrogation
- Miranda warnings
- Voluntariness
Improperly obtained statements may be subject to suppression.
Breath Test Suppression Issues
Breath testing frequently presents significant legal questions.
Potential issues may include:
- Lawfulness of the arrest
- Implied consent compliance
- Observation periods
- Testing procedures
Breath test evidence is not automatically admissible.
Related Page:
Breath Test Defense
Refusal Cases And Suppression
Refusal cases often involve unique constitutional and statutory issues.
Questions may include:
- Whether implied consent warnings were properly given
- Whether a lawful arrest occurred
- Whether a refusal actually happened
Related Page:
Refusal To Submit To Breath Testing
Blood Draw Suppression Issues
Blood testing often presents some of the most significant suppression issues in DUI litigation.
Questions frequently include:
- Was a warrant obtained?
- Was consent voluntary?
- Did an exception to the warrant requirement apply?
- Was the blood draw properly conducted?
Blood evidence frequently becomes the subject of extensive litigation.
Related Page:
Blood Test DUI Cases
Actual Physical Control Cases
Suppression issues also arise in Actual Physical Control cases.
Questions frequently include:
- Was the encounter consensual?
- Was there reasonable suspicion?
- Was the defendant actually detained?
Related Page:
Actual Physical Control DUI
Marijuana And Prescription Drug DUI Cases
Drug-related DUI investigations often present additional constitutional questions.
Examples include:
- Blood draws
- Toxicology testing
- DRE evaluations
- Vehicle searches
Related Pages:
Marijuana DUI Defense
DUI With Prescription Drugs
What Is A Drug Recognition Expert?
What Happens At A Suppression Hearing?
A suppression hearing is often one of the most important events in a DUI case.
At the hearing:
- Officers testify under oath.
- Evidence is presented.
- Witnesses may be cross-examined.
- Legal arguments are made.
The judge determines whether evidence should be admitted or excluded.
These hearings frequently expose weaknesses not apparent from police reports.
Why Police Reports Are Not The Final Word
Many people assume the police report accurately reflects everything that occurred.
Experienced defense attorneys know better.
Body camera footage, dash camera recordings, dispatch recordings, and witness testimony often reveal:
- Omissions
- Inconsistencies
- Misinterpretations
- Constitutional violations
The report is only one piece of the evidence.
Common Suppression Issues In DUI Cases
Every case is different.
Potential suppression arguments may include:
Illegal Traffic Stop
Improper Checkpoint Procedures
Unlawful Detention
Lack Of Reasonable Suspicion
Lack Of Probable Cause
Miranda Violations
Improper Breath Testing Procedures
Improper Blood Draw Procedures
Invalid Consent
Constitutional Violations
Why Early Investigation Matters
Many suppression issues depend upon evidence that can disappear quickly.
Examples include:
- Body camera footage
- Dash camera recordings
- Dispatch recordings
- Surveillance video
Prompt investigation may identify constitutional issues and preserve critical evidence.
Frequently Asked Questions
Can A DUI Case Be Dismissed Through A Motion To Suppress?
Potentially.
If critical evidence is excluded, the State’s case may be substantially weakened.
What Evidence Can Be Suppressed?
Depending on the circumstances, statements, test results, and observations may be challenged.
Does Every DUI Case Have Suppression Issues?
No.
However, every case should be carefully examined for constitutional violations.
Can Breath Test Results Be Suppressed?
Yes, under certain circumstances.
Can Blood Test Results Be Suppressed?
Yes, under certain circumstances.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have conducted DUI investigations before becoming lawyers.
Patrick’s background includes:
- Former DUI Investigator
- Police Officer
- Police Instructor
- Retired Traffic Homicide Investigator
- Retired Homicide Detective
- Trial Attorney
Most attorneys learn DUI investigations from reports and courtroom testimony.
Patrick conducted those investigations himself.
That experience provides valuable insight when identifying constitutional weaknesses and suppression issues.
A Career Dedicated To Challenging The Evidence
Every DUI case raises important questions.
Was the stop lawful?
Was the arrest lawful?
Were constitutional rights violated?
Can the evidence be suppressed?
Patrick has spent decades evaluating evidence and asking those questions.
As a police officer, DUI investigator, traffic homicide investigator, homicide detective, and trial attorney, he has devoted his career to uncovering facts and protecting constitutional rights.
That same commitment guides every DUI defense today.
Contact A Daytona Beach DUI Suppression Lawyer
A DUI arrest does not automatically mean the evidence will be admitted.
Police officers must follow the law.
Constitutional rights matter.
Procedures matter.
The evidence matters.
Contact the Law Offices of Patrick J. McGeehan, P.A. today to schedule a consultation and learn how an experienced Daytona Beach DUI suppression lawyer can help challenge the evidence and protect your future.
Resources:
Leaving the Scene of an Accident With a Death
Fatal Crash Investigations in Florida