Whether there is cause to detain a person for a DUI must be based on objective facts and circumstances observed by the officer at the time and place of the investigation. It is also clear odor of alcohol is not sufficient for an officer to order field sobriety exercises, but there must be additional indicators of impairment such as Reckless or dangerous operation of a vehicle, slurred speech, lack of balance or dexterity, Flushed face, bloodshot eyes, or admissions. This was made clear in Kliphouse, which went on to give numerous example of insufficient evidence to request field sobriety exercises (FSE).
State v. Kliphouse, 771 So.2d 16 (Fla. 4th DCA 2000)
While the odor of alcohol on a driver's breath is considered a critical factor, other components central to developing probable cause may include the defendant's reckless or dangerous operation of a vehicle, slurred speech, lack of balance or dexterity, flushed face, bloodshot eyes, admissions, and poor performance on field sobriety exercises
Whether a person has consumed sufficient alcohol to be deemed `under the influence' or impaired to an appreciable degree ... is a judgment call made by a police officer. It must be based on objective facts and circumstances observed by the officer at the time and place of the accident, and reliable information given to the officer by others ... Further, Florida courts require that the underlying facts, circumstances and information be sufficient to allow a person of reasonable caution to make the probable cause determination.
In footnote 5 the court in Kliphouse cited numerous cases upholding this principle: See State v. Kolb, 7 Fla. L. Weekly Supp. 548 (Fla. 12th Jud. Cir.2000)("It is uncontradicted that odor alone is evidence of nothing more than the subject had, at some point, ingested a beverage that may have contained alcohol. Even a trained law enforcement officer cannot determine how much a person has had to drink, or when, simply from the odor of alcohol. Certainly, the odor, without more, is no indication of impairment."); State v. Longacre, 2 Fla. L. Weekly Supp. 571 (Fla. 11th Jud. Cir.1994) (odor of alcohol, without evidence of impairment, not sufficient to establish probable cause necessary to require driver to submit to field sobriety test); Davis v. State, 40 Fla. Supp.2d 35, 36 (Fla. 15th Jud. Cir.1989); State v. Marshall, 36 Fla. Supp.2d 34, 35 (Fla. 4th Jud. Cir.1989)(mere odor of alcohol, absent other sufficient indicia of impairment, does not provide requisite probable cause for field sobriety tests); Chait v. State, 27 Fla. Supp.2d 115 (Fla. 11th Cir.1988)(traffic accident and odor of alcohol, without more, did not constitute probable cause for DUI arrest); People v. Roybal, 655 P.2d 410, 413 (Colo.1982)(odor of alcoholic beverages is not inconsistent with ability to operate a motor vehicle in compliance with the law).
