Daytona Beach DUI Defense Lawyer
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
Most DUI cases begin the same way.
A police officer observes a vehicle, initiates a traffic stop, and begins a roadside DUI investigation.
What happens during the next few minutes often determines the direction of the entire case.
Many people are surprised to learn that DUI investigations are not simply about whether a driver has consumed alcohol.
Instead, officers are trained to gather evidence, develop probable cause, and document observations that may later be used in court.
Understanding how roadside DUI investigations work can help drivers better understand the charges they face and the defenses that may be available.
At the Law Offices of Patrick J. McGeehan, P.A., we carefully analyze every stage of roadside DUI investigations.
Before becoming a lawyer, Patrick served as a police officer, DUI investigator, traffic homicide investigator, police instructor, and homicide detective.
He conducted DUI investigations throughout his law enforcement career.
Today, he uses that experience to challenge DUI allegations and protect the rights of individuals accused of impaired driving throughout Daytona Beach, Volusia County, Flagler County, and throughout Florida.
How Most DUI Investigations Begin
Most roadside DUI investigations begin with a traffic stop.
The officer may claim to have observed:
- Speeding
- Weaving
- Failure to maintain a lane
- Improper turns
- Equipment violations
- Traffic crashes
- Suspicious driving behavior
The officer must generally have a lawful reason for initiating the stop.
If the stop was unlawful, important constitutional issues may arise.
Related Page:
Motion To Suppress DUI Evidence
The Initial Contact
Once the vehicle is stopped, the officer typically approaches the driver and begins gathering information.
During these first moments, officers are often observing:
- Speech patterns
- Odor of alcohol
- Eye appearance
- Coordination
- Responses to questions
- Driver behavior
Many observations that later appear in police reports are made during this initial contact.
Questions Officers Frequently Ask
Most DUI investigations involve a series of routine questions.
Examples include:
- Where are you coming from?
- Where are you going?
- Have you been drinking?
- How much have you had to drink?
- When was your last drink?
The answers may later become evidence.
Many drivers are surprised to learn how often their own statements become a significant part of the prosecution’s case.
Related Page:
Miranda Rights In DUI Cases
The Officer Is Building A Case
Many drivers view roadside questioning as a casual conversation.
From an investigative standpoint, the officer is gathering evidence.
The officer may be attempting to establish:
- Alcohol consumption
- Drug use
- Driving activity
- Impairment indicators
- Probable cause
Understanding this reality is important when evaluating a DUI investigation.
Common Signs Officers Look For
Police reports often contain references to observations such as:
- Bloodshot eyes
- Watery eyes
- Slurred speech
- Odor of alcohol
- Slow responses
- Difficulty locating documents
These observations are frequently cited as indicators of possible impairment.
Whether they actually establish impairment is often a separate question.
The Driver’s License And Registration Request
Even routine requests for documents may become part of the investigation.
Officers often note:
- How quickly documents were located
- Whether documents were dropped
- Whether instructions were followed
These observations frequently appear in arrest reports.
The Exit Phase Of The Investigation
If the officer believes further investigation is warranted, the driver may be asked to exit the vehicle.
At this point, officers often begin observing:
- Balance
- Walking ability
- Coordination
- General demeanor
These observations frequently become part of the probable cause determination.
Field Sobriety Exercises
Many roadside DUI investigations include field sobriety exercises.
The three standardized exercises commonly include:
Horizontal Gaze Nystagmus (HGN)
The officer observes eye movements.
Walk-And-Turn Test
The driver walks heel-to-toe.
One-Leg Stand Test
The driver balances on one foot.
The officer looks for clues that the officer believes may indicate impairment.
Related Pages:
Horizontal Gaze Nystagmus (HGN) Test
Walk-And-Turn Test
One-Leg Stand Test
Field Sobriety Exercises Are Voluntary
Many drivers do not realize that field sobriety exercises are generally voluntary in Florida.
The officer may request participation.
The driver may decline.
The decision carries potential advantages and disadvantages that depend upon the facts of the case.
Related Page:
Can You Refuse Field Sobriety Exercises In Florida?
Medical Conditions Often Affect Performance
Many drivers perform poorly on field sobriety exercises because of legitimate medical conditions.
Examples include:
- Arthritis
- Vertigo
- Knee injuries
- Back injuries
- Neuropathy
- Inner ear disorders
These issues frequently become important defense arguments.
Related Page:
Field Sobriety Exercises And Medical Conditions
The Officer’s Probable Cause Decision
At some point, the officer must decide whether probable cause exists to make an arrest.
The officer may consider:
- Driving behavior
- Statements
- Physical observations
- Field sobriety performance
- Witness statements
The officer does not need proof beyond a reasonable doubt.
The officer only needs sufficient facts to justify the arrest.
What Happens After Arrest?
If an arrest occurs, the investigation often continues.
The officer may:
- Request a breath test
- Request a blood test
- Conduct additional questioning
- Complete reports
- Review body camera footage
The roadside investigation is often only the beginning.
Breath Test Requests
Following arrest, officers frequently request breath testing.
Many drivers mistakenly believe breath testing and field sobriety exercises are governed by the same rules.
They are not.
Breath testing involves Florida’s implied consent laws.
Related Pages:
Breath Test Defense
Refusal To Submit To Breath Testing
Blood Test Investigations
Certain DUI investigations involve blood testing.
This commonly occurs in:
- Drug-related DUI cases
- Serious bodily injury cases
- Fatal crash cases
Blood testing presents unique legal and scientific issues.
Related Page:
Blood Test DUI Cases
Drug-Related DUI Investigations
Not every DUI case involves alcohol.
Some investigations focus on:
- Marijuana
- Prescription medications
- Controlled substances
These cases frequently involve Drug Recognition Experts (DRE officers).
Related Pages:
Marijuana DUI Defense
DUI With Prescription Drugs
What Is A Drug Recognition Expert?
DUI Checkpoints
Some roadside DUI investigations begin at checkpoints.
Checkpoint cases often involve unique constitutional issues.
Questions frequently arise regarding:
- Planning procedures
- Operational guidelines
- Constitutional compliance
Related Page:
DUI Checkpoints In Florida
Body Camera Footage Is Often The Most Important Evidence
One of the biggest changes in modern DUI investigations is the widespread use of body cameras.
Body camera footage often reveals:
- Officer conduct
- Driver behavior
- Road conditions
- Instructions given
- Statements made
Video evidence frequently becomes one of the most important pieces of evidence in a DUI case.
Common Mistakes During Roadside DUI Investigations
Drivers often make mistakes during investigations.
Examples may include:
Volunteering Information
Guessing Answers
Arguing With Officers
Performing Exercises Despite Serious Physical Limitations
Failing To Mention Relevant Medical Conditions
Every situation is different.
Common Defense Issues In Roadside DUI Cases
Potential defenses may include:
Illegal Traffic Stops
Improper Expansion Of The Stop
Lack Of Reasonable Suspicion
Lack Of Probable Cause
Improper Field Sobriety Administration
Medical Conditions
Officer Credibility Issues
Constitutional Violations
Many successful DUI defenses originate from problems that occurred during the roadside investigation.
Frequently Asked Questions
What Happens During A Roadside DUI Investigation?
The officer gathers information, observes the driver, and attempts to determine whether probable cause exists for arrest.
Do I Have To Perform Field Sobriety Exercises?
Generally, field sobriety exercises are voluntary.
Can Medical Conditions Affect The Investigation?
Absolutely.
Many conditions affect balance, coordination, and performance.
Are Officers Allowed To Ask Questions?
Yes.
Officers routinely ask investigative questions during DUI investigations.
Can A DUI Case Be Challenged?
Absolutely.
Many DUI defenses arise from weaknesses in the roadside investigation.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have actually conducted roadside 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 and later learned how to challenge them.
That experience provides valuable insight when evaluating DUI evidence.
A Career Dedicated To Examining DUI Investigations
Every DUI case begins with questions.
Was the stop lawful?
Was the investigation fair?
Were constitutional rights respected?
Can the State prove impairment beyond a reasonable doubt?
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 the rights of the accused.
That same commitment guides every DUI defense today.
Contact A Daytona Beach DUI Defense Lawyer
A roadside DUI investigation is often the most important stage of a DUI case.
The officer’s observations matter.
The evidence matters.
The procedures matter.
The Constitution matters.
The defense matters.
Contact the Law Offices of Patrick J. McGeehan, P.A. today to schedule a consultation and learn how an experienced Daytona Beach DUI lawyer can evaluate the evidence and help protect your rights and your future.
Resources:
Leaving the Scene of an Accident With a Death
Fatal Crash Investigations in Florida