The DUI Stop & Field Sobriety

What did the officer write in the arrest affidavit and does it matter?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
It matters considerably. It's his account, fixed in writing before he knows what the defense will be — and he's bound to it.

The arrest affidavit is the officer's written narrative justifying the arrest. It's typically written within hours, and it becomes the fixed version of events.

Why that's valuable. Everything after it gets measured against it. If the affidavit says you were unsteady and the video shows you walking normally, that's a contradiction. If it says the observation period was twenty minutes and the timestamps show eleven, that's a contradiction. If it omits that you mentioned your knee surgery and the body cam captures you saying it, that's a contradiction.

Officers testify months or years later from a document written quickly at the end of a shift. A substantial part of cross-examination is placing the affidavit, the video, and the testimony side by side and asking about the spaces between them.

Read yours carefully. You were there, and you know what didn't happen.

Mark every line you know is wrong, and bring that list to your first meeting. ---

Talk to an Attorney — Free

An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.

This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.