The Florida Supreme Court is taking up a DUI case that could have major implications for how and where police officers can make arrests. The issue? Whether a local police officer has the authority to conduct a traffic stop outside their jurisdiction for a suspected DUI.
The case stems from a Maitland Police officer who arrested a DUI suspect inside city limits but transported the driver to an Orange County facility, outside the Maitland jurisdiction, to conduct a breath test.
That decision led the Sixth District Court of Appeal (DCA) in State v. Repple (2024) to suppress the breathalyzer results, ruling that the officer exceeded his authority by obtaining evidence beyond his jurisdiction. Now, the Florida Supreme Court must decide whether the evidence should have been excluded—and whether such cross-jurisdictional actions are legally valid under Florida law.
The outcome could reshape how DUI arrests are handled statewide, including here in Palm Beach County.
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What’s at Stake
Under Florida Statute §901.25, an officer can generally make an arrest outside their jurisdiction only under specific circumstances, such as fresh pursuit of a suspect who committed a crime in their presence within their jurisdiction.
But DUI cases can get tricky. Officers often argue that erratic driving seen in one jurisdiction justifies following and stopping a driver in another. Defense attorneys, however, argue that allowing this opens the door for overreach and jurisdictional abuse.
The Florida Supreme Court’s decision will likely clarify whether evidence gathered by an officer acting outside their legal authority should be admissible in court. If the Court limits that authority, it could lead to suppression of evidence in similar DUI cases, potentially resulting in reduced charges or dismissals.
Why Police Jurisdiction Matters for DUI Defense in Palm Beach County
At its core, this case tests how strictly Florida courts will interpret the territorial limits of police power. For DUI defendants, the outcome could determine whether evidence like breath or blood tests obtained beyond an officer’s jurisdiction should be thrown out.
If the Florida Supreme Court upholds the Sixth DCA’s reasoning, it could limit law enforcement’s ability to gather evidence outside their jurisdiction—strengthening defenses in future DUI cases.
If the Court sides with the state, it may expand police authority and weaken suppression arguments based on jurisdictional violations.
Either way, the decision in State v. Repple will likely become a key precedent in Florida DUI law.
The Bigger Picture
This case is not just about one driver, it’s about how far police power extends. The Florida Supreme Court’s ruling will likely set a precedent affecting all law enforcement agencies across the state.
For anyone charged with DUI, it’s a reminder that your defense doesn’t stop at whether you were impaired, it extends to how the police handled your stop, arrest, and evidence collection.
If You’ve Been Arrested for DUI
If you’ve been charged with DUI in Palm Beach County, it’s important to have an attorney who understands both the science and procedure behind DUI arrests. At The Law Offices of Matthew Konecky, P.A., we dig into every aspect of your case—from jurisdiction and probable cause to the accuracy of testing and officer conduct.
Contact Our Palm Beach County DUI Lawyer ASAP!
You only have 10 days to protect your license, so don’t wait.
Contact us online or call our office now at (561) 671-5995 to schedule a confidential consultation with experienced Palm Beach County DUI lawyer Matthew Konecky today.
