As part of Florida’s efforts to prevent driving under the influence of alcohol or drugs, law enforcement authorities have substantial power. For example, whenever someone operates a vehicle within the state, they implicitly agree to undergo testing for intoxication if they are placed under arrest. This is known as “implied consent.” Florida law also restricts the ability of police officers to take action outside of their jurisdiction, except in certain special circumstances. A recent case in the state’s Supreme Court weighed whether an officer is permitted to conduct a chemical test outside their municipality.

The case of State v. Repple arose out of an incident in which a Maitland police officer suspected that Bryan Repple was driving drunk. After stopping Repple’s car, the police officer brought him to an Orange County testing facility that happened to be outside Maitland. In their review, the Sixth District Court of Appeal excluded the breath-test result because the arresting officer was outside his territorial jurisdiction, but still exerting his law enforcement authority.

However, the Supreme Court of Florida disagreed, opting for reasoning used by the Fifth District in a similar case. Writing for the Court, Justice Charles Canady  held that state law permits a continuing investigation to be completed outside of an officer’s jurisdiction, as long as the alleged illegal activity occurred within it. Furthermore, the opinion states that the implied consent law gives law enforcement the ability to conduct the testing process in conjunction with an arrest. 

Though location might not be a stand-alone basis to suppress a breath test, there are many potential defenses to a drunk-driving charge, even test result exceeds the applicable legal limit. To stop a vehicle, law enforcement must have a reasonable, articulable suspicion of illegal activity. A mere hunch will not suffice. If a field sobriety test is conducted, it must conform to strict rules, and there are instances where vague symptoms are incorrectly interpreted as signs of impairment. Even when chemical test is administered properly, mishandling or chain-of-custody problems can taint the result.

If you were arrested on a DUI charge, whether you were transported to a testing site or not, speak with an experienced attorney as soon as possible. The Law Offices of Tad A. Yates, P.A. in Orlando will scrutinize every aspect of your case and advise on the most effective defenses. Please call us at 407-608-7777 or contact us online to discuss your legal rights and options.