Florida DUI Law by Blake Mevis: What Constitutes Probable Cause For An Arrest

§ 247. Procedural requirements, generally—Arresting officer's affidavit of probable cause
"An arresting officer's affidavit of probable cause may be based on knowledge and belief, as where the arresting officer's affidavit, setting forth probable cause to believe that the driver was driving under the influence of alcohol or controlled substances was sworn to based on the officer's "knowledge and belief."

§ 402. Impairment of normal faculties—Evidence of impairment
"Defendant charged with driving while under the influence of alcohol to extent that his normal faculties were impaired was entitled to offer expert testimony tending to show that he was not impaired at time of his arrest despite having consumed alcohol prior to driving, where defendant was not charged with any offense involving particular blood alcohol level and defendant had declined to be tested to determine his blood alcohol level after his arrest."

§ 399. Arrest or stop, generally—Probable cause
"Probable cause for a DUI arrest must be based upon more than a belief that a driver has consumed alcohol; it must arise from facts and circumstances that show a probability that a driver is impaired by alcohol or has an unlawful amount of alcohol in his or her system. There are many factors that contribute to such a finding. The presence of an odor of alcohol alone is insufficient for a finding of probable cause."