DUI Checkpoints in Florida

DUI checkpoints in Florida are used by police officers to enforce DUI laws against drinking and driving. DUI checkpoints are legal in the state of Florida, unlike in some states where sobriety stations are considered illegal under their state DUI law. These checkpoints are used by the police regularly in Florida.

At a DUI checkpoint, police officers stop each vehicle or a specific number of drivers to check for signs of impairment. Such checkpoints are used to inform the public about the risks of driving under the influence of alcohol or drugs and, of course, to arrest drivers who are driving under such influence. These checkpoints are usually scheduled during holidays or on weekends when there is a great volume of vehicles on the road and drivers who are likely to drink.

Many states in the US have questioned the constitutionality and the DUI arrest rates made at these stations. These are the reasons why few states have made these stations illegal under their law. These states cite the Fourth Amendment’s protection against search and seizure that take place without probable cause.

In 1990, however, the Supreme Court ruled that the encroachment on the Fourth Amendment is overshadowed by the need of the public to be informed of the risks of drunk driving. The high court added that these checkpoints should follow specific guidelines for them to be considered legal.

• Decisions should be made by supervisors, not arresting officers
• A predetermined formula should determine the number of vehicles on the road to be stopped for check
• The safety of the public and officer are the most important
• Policymakers determine the location of these checkpoints based on drunk driving statistics
• There should be clear visible warning lights and signs informing drivers of the checkpoint
• Duration should be limited by issues of effectiveness as well as intrusiveness
• Drivers should be detained for the minimum period of time possible
• The location of the DUI checkpoint should be made known to the public through advance publication to increase its deterrent effect and lessen intrusiveness

So, what should you do to when you encounter a DUI checkpoint in Florida? Here some simple tips you can follow.

• First is do not panic. Slow down and drive normally until you are actually stopped by a police officer. Do not ever try to pull a U-turn and drive away as you might draw attention to your car.
• Second is to proceed normally. Chances are, your car won’t even be stopped because of the predetermined formula.
• Third is to follow what the officer tells you. Be prepared as the officer might ask for your license or registration.
• Fourth is to not say too much to the officer. Federal law states that checkpoints should minimize the period of time they detain a driver. On this note, it is better to avoid talking much to the officer as they might only ask you to step out of the vehicle and go through a sobriety test in case you show signs of being under the influence.
• Fifth is to be cooperative. Step out of your car if they ask you to do.

Timothy Nies, a proud military veteran of the Army's elite 75th Ranger Regiment, leads Van Riper and Nies Attorneys P.A.'s personal injury, maritime injury, and civil litigation practice groups. He has handled complex personal injury cases, such as truck accidents, motor vehicle crashes, premises liability, assault and battery, and maritime injury claims. If you you are looking for Stuart Criminal Lawyer, you can talk to our reliable Stuart Florida attorneys at the Law Offices of Van Riper and Nies Attorneys today!