Under Florida law, police officers must have a good reason to pull a motorist over. Even then, a motorist cannot be arrested for DUI unless the police officer has an objective reason to believe that the driver has likely been drinking. If the arresting police officer does not have probable cause, the DUI arrest could be found to be unjustified and the charges thrown out of court.

One woman is fighting a DUI arrest occurred recently in Florida. The DUI arrest came after a routine traffic stop in Largo back in 2006, when she had been pulled over because her car was missing a taillight cover. According to the arresting police officer, the 47-year-old woman's eyes appeared glossy and he smelled alcohol on her breath.

After she refused to take a Breathalyzer test, she was arrested. According to the police, she next became uncooperative and force was needed to get her into the lab area. Although she has no prior or subsequent criminal record, the arresting officer claimed he had to use force to control her and calm her down.

The DUI charges were ultimately dropped. However, the woman brought a lawsuit in federal court earlier this year against this Florida city for unlawful arrest and wrongful use of force. She believes that the police officer did not have probable cause to arrest her on the DUI charge. She also says that he used excessive force and broke her ribs when he slammed her against a wall.

Although the city claims the police officer's arrest and use of force was justified, they are considering settling the case.

This story is important for all Florida residents, whether they were drinking before a DUI arrest or are completely innocent. In many cases, DUI charges can be successfully defended against if police officers violated your civil rights.

Source: tampabay.com, "Largo considers settling suit over DUI arrest, use of force," Will Hobson, Nov. 2, 2011