DUI's in Florida by Stephanie Stich: Forms

For a DUI case to be successfully prosecuted, an officer must create a probable cause affidavit which clearly establishes the level of impairment at the time of the offense through the officer's observations. Subsequent evidence of impairment, such chemical test results, including a breath, blood, or urine test will be admissible only when a proper arrest has been made. For the prosecutor to make their DUI case, they must establish that the defendant was driving or operating a vehicle, or in actual physical control of a vehicle within while  under the influence of alcohol or drugs. 

The prosecutor uses various forms to establish to a court of law that the following procedures were followed:

1. There were reasonable grounds for arrest. The accused was the operator of the vehicle or in actual physical control of the vehicle. That there were lawful grounds for the officer to conduct a stop of the vehicle. There was probable cause to believe that the accused was impaired. The proper arrest procedures were followed. The accused was given his Miranda Rights. That subsequent observation and interview of the suspect provided additional evidence relevant to he alleged offense. There was a proper request for the suspect to submit to the chemical test.