Florida DUI Security Checkpoints and Roadblocks

 

Florida has seen very high alcohol related accidents as well as drunk driving incidences over the past years and now has taken very strict actions against the incidence of drunk driving. For instance, not only are DUI checkpoints and roadblocks very common all over Florida but they also have a zero tolerance policy. In addition, many DUI checkpoint locations and occurrences are not formally disclosed before they are set up adding to the anxiety and surprise of drivers who were unlucky enough to be driving in those areas. Even though, certain checkpoints are advertised over news channels before they are set up and the drivers passing through them are asked to stop based on a neutral formula but many attorneys believe that there are still problems with Florida DUI checkpoints and roadblocks.

 

‘No-refusal Checkpoints’

 

Ever since the recent ‘no-refusal’ checkpoints, the level of strictness of DUI checkpoints of Florida has increased significantly. DUI attorneys believe that not only are the DUI checkpoints in Florida unconstitutional and against the Fourth Amendment, but they are also means of revenue enhancement for the law enforcement agencies.

 

Specifically, they are talking about the recent law about forcing drivers to have their blood tested for alcohol at DUI checkpoints in Florida. Normally, while a driver is required to provide identification, he or she can refuse to take blood tests or other chemical testing when asked at checkpoints. Their license may get suspended and they may have to face certain penalties but at least on spot, they have the right to refuse. However, ‘no refusal’ DUI checkpoints mean that if a driver is passing through a checkpoint and if, for any reason, refuses to have a blood test taken, a judge will be present there and will issue a warrant to have the police force you to have a blood test taken.

 

All of this, including the legality of DUI checkpoints was started in 1990 when in Michigan the UP Supreme Court ruled to form what is now known as the ‘DUI exception to the Constitution’. This means that even though, normally, the Fourth Amendment to the Constitution holds but for cases involving alcohol or DUI, the police officers are allowed to ask questions and have the drivers perform chemical testing. They can also search your car or detain you on suspicion of drunk driving. In fact, the US Supreme Court also ruled that the police officers don’t have to recite the Miranda rights when arresting drivers for DUI. This is against the basic rights of all citizens of the state and is a huge infringement on their privacy and freedom.

 

This ruling in Florida differs from other states because in other states, violence and force is not used to draw blood from drivers. Instead, the driver has the right to refuse even at the expense of license suspension and having more penalties added to your DUI conviction. However, in Florida, in 2005, it was ruled that forcing drivers to have their blood test taken is not unconstitutional. This is why a number of drivers face a number of difficulties when DUI checkpoints are set up all over the state multiple times every month. And at every checkpoint, not only are they stopped from going at their destination but they are required to present any information or evidence to the police including blood tests.

 

Even though the ‘no-refusal’ checkpoints are meant to discourage drunk driving and catch the perpetrators of the crime nevertheless, most drivers feel harassed and hassled on these spots. It does not matter whether they actually did consume too much alcohol or not, all drivers are subjected to random search and blood testing. In such a situation, it is extremely important for all drivers to be aware of what happens at Florida DUI checkpoints and roadblocks and whether there are any scheduled for the area in which they will be driving. It is equally important to seek the help of an experienced Florida DUI attorney if a driver has been harassed at a DUI checkpoint or arrested on suspicion of drunk driving because only they can fight for your case and your rights as a citizen of the state.