Families sometimes call 911 when they worry that a loved one may be driving under the influence, and those calls can trigger immediate police contact. A recent Fourth District Court of Appeal decision, State v. Leiby, shows how quickly a welfare check encounter can turn into a full DUI investigation, even when officers never observe erratic driving. You should understand how these situations unfold because an officer’s first few decisions shape everything that follows, including whether evidence becomes part of the case or is later challenged.

In Leiby, a daughter called 911 and reported that her father appeared intoxicated and left home with young children in the car. Officers located his vehicle parked at a McDonald’s. They blocked the car in, approached the driver, and began checking on the children’s safety. The trial court initially dismissed the evidence, finding that the officers lacked reasonable suspicion of a crime. The Fourth DCA disagreed and reinstated the case, explaining that officers may conduct a “community caretaking” or welfare-check stop when a caller describes an immediate safety risk to minors. This type of stop can evolve into a criminal investigation once officers observe signs of impairment. You should pay close attention to how courts treat these encounters because they show how easily a family report can lead to arrest.

How a Welfare Check Turns Into a DUI Investigation

Police use the community-caretaking function when they respond to calls about medical issues, missing persons, distressed children, or situations involving potential harm. The initial purpose does not involve proving a crime. Officers instead look for safety threats. When they arrived in the Leiby case, they saw children in the vehicle and approached to confirm that no one was in danger. After speaking with the driver, they noticed signs of possible impairment and expanded the encounter into a DUI investigation.

This progression happens often in Florida. An officer may approach your vehicle under a welfare-check rationale, then shift gears if they detect slurred speech, glassy eyes, alcohol odor, or confusion. Courts evaluate the entire timeline, including how the call came in, what the caller reported, and what officers observed at the scene. You should recognize that a call from a family member can justify the initial approach even when no driving pattern supports a DUI stop.

How 911 Family Reports Influence Police Response

Family members know the driver’s baseline behavior, so courts frequently treat their calls as reliable. In Leiby, the daughter described a specific concern: an intoxicated parent leaving the home with young children. That level of detail created a legitimate safety issue. Officers acted to confirm the children’s condition, which the court viewed as reasonable. The welfare of minors is a strong factor that supports an officer’s decision to detain a driver long enough to check on those children.

Even when a caller is not a family member, detailed information about intoxication, identity, location, or risk to passengers can justify the initial contact. You should understand that these reports often carry more weight than anonymous tips because they come from identifiable people with firsthand knowledge.

How Officers Expand the Encounter Once They Detect Signs of Impairment

After the welfare check portion ends, officers determine whether probable cause exists for a DUI investigation. Slurred speech, slow movements, unsteady posture, or a strong odor of alcohol can shift the encounter toward field sobriety exercises. Courts look at each step to ensure officers did not turn a welfare check into a criminal stop without good reason.

You should know that an officer’s observations often drive the outcome. A simple welfare check can escalate quickly if the officer believes you pose a risk to passengers or to yourself.

What You Should Do When Contact Begins as a Welfare Check

An encounter that starts under the community-caretaking function still requires officers to follow legal procedures. You help yourself by staying calm, providing identification, and avoiding unnecessary explanations. Welfare checks sometimes create confusion because the driver does not expect police involvement, especially when the car is parked.

A careful approach includes:

  • Remaining respectful and avoiding sudden movements
  • Listening closely to the officer’s questions
  • Confirming that you understand what the officer is asking
  • Requesting clarification when instructions are unclear

These steps help keep the interaction controlled and prevent misunderstandings that later appear in police reports.

How Courts View Evidence From Welfare-Check Encounters

Judges review these stops to determine whether officers used the caretaking role as a legitimate basis for the initial encounter. In the Leiby decision, the appellate court found that blocking the vehicle was reasonable because officers needed to assess the children’s safety. Once they observed indications of impairment, expanding the investigation became justified. This analysis shows that courts will often uphold a DUI arrest arising from a safety-based contact, as long as the officer’s observations support the progression.

You should recognize that your defense may hinge on the timeline. Your lawyer can examine whether the officer remained within the caretaking function at first, whether signs of impairment genuinely appeared, and whether each change in the encounter followed legal standards.

Why Early Legal Representation Helps After a Welfare-Check DUI Stop

DUI cases that start this way involve detailed reports, dispatch recordings, body-camera footage, and family statements. A lawyer can review the entire chain of events to determine whether the officer followed proper procedures. These cases often raise questions about reliability, urgency, and the moment the investigation shifted from safety to criminal suspicion.

You gain an advantage when you contact a lawyer early. Evidence may disappear quickly, and witnesses may forget details if you wait too long. A fast review allows your lawyer to identify defenses tied to the call, the blocking of your vehicle, or the officer’s observations.

Talk With a Tampa Bay DUI Lawyer About a Welfare-Check Arrest

If a family 911 call or welfare-check encounter led to a DUI arrest in the Tampa Bay region, you can reach out to the Mayberry Law Firm at (813) 444-7435 for a free consultation. The firm represents people facing DUI, traffic, and federal charges across Florida and can evaluate your case, secure important records, and help you take the next step in your defense.