DUI Checkpoints in Florida

 

In Florida, police officers set up between 15 and 20 DUI checkpoints a month. The locations are decided in advance with the intent to catch people who are committing a DUI offense by driving under the influence of alcohol or drugs, but they do not need to be formally announced to the public. The goal is not only to catch drunk drivers but also to make more people aware about Florida DUI laws in order to discourage drunk driving year-round.

 

Generally, these DUI checkpoints are set up late at night or very early in the morning in order to catch people who had been out drinking for the evening. It is also popular to have checkpoints on weekends, holidays, or near major sports events for the same reason.

 

DUI Checkpoints: Are They Constitutional?

 

In 1990, the U.S Supreme Court ruled in a 5 to 4 vote in the case Michigan v. Sitz that DUI checkpoints are legal. The decision states that DUI checkpoints were in the public interest and should be considered a “justified intrusion” and not an infringement on Fourth Amendment rights against illegal search and seizure. Many legal scholars disagree with the decision since they consider it a search and seizure. And many states have ruled that DUI checkpoints are against their state constitutions, but unfortunately DUI checkpoints have been held up as legal in the state of Florida.

 

The Supreme Court decision made the exception for the purpose of detecting DUIs. However, often people who are pulled over are cited for other issues, such as defective tail lights, tinted windows, expired licenses, and out-of-date registrations, and these fees go to the local government. Additionally, numerous studies have found that DUI checkpoints are not as effective as roaming patrols.

 

If You Are Stopped at a Florida DUI Checkpoint

 

When the officer approaches your car at a Florida DUI checkpoint, come to a complete stop, roll down your window part-way, and keep your hands visible. If they ask you for identification, your driver’s license, registration, or insurance information, provide it. Throughout the exchange, be polite and calm. After this, they may ask you several questions, such as whether you have been drinking, but you are not required to answer them. Anything you say can be used against you, and the fact that you may answer some questions that seem harmless but refuse to answer other questions will actually be more suspicious than (politely!) not answering any questions at all.

 

From here, the officer may ask you to take field sobriety tests. You are not required to do these, so you may politely refuse. Even if you think you can perform the tasks, it’s in your best interest not to, since the results are based on a subjective opinion by the administering officer.

 

If you are asked to take a breath test, you may refuse – but only if you have not been arrested yet. If you have been arrested for a DUI and refuse to take a breath test in the state of Florida, be aware that you may face consequences. Additionally, in the state of Florida, there may be a judge on-site to sign a warrant authorizing the officer to use “reasonable force” to draw blood. From here, if you resist, even without becoming violent, you can be charged with a misdemeanor charge of resisting an officer without violence, which is punishable by 12 months in jail.

 

If you are arrested for a Florida DUI, you should not answer any further questions and should contact a Florida DUI attorney as soon as possible. You may be taken to the police department where you may be asked to take a blood test or another breath test. Even if your blood alcohol content is high, you should be aware that you still have options for your defense. There are many reasons why the test can be inaccurate including improper administration of the test, improper calibration of the machine, and your own body’s physiology. Also, there are many steps and procedures that the officer is required to follow for your DUI arrest, and a lawyer can ensure that everything was done correctly. It is in your best interest to hire professional legal assistance to get the best possible outcome for your Florida DUI charge.