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How To Handle A DUI Checkpoint In Florida

A DUI checkpoint is a police roadblock that’s setup during times of the year when people are usually out consuming alcohol. They’re incredibly common during New Years Eve and other holidays, but can also appear during random days of the week, although they usually occur at night.

Below we’re going to examine some common questions regarding DUIs in Florida, and address simple guidelines of what to do and not to do when facing a DUI checkpoint.

 

Are DUI Checkpoints Legal?

In 11 out of 50 states DUI checkpoints are illegal, as they are said to violate your rights. However, Florida is not one of those states, and DUI checkpoints are legal.

The rulings on DUI checkpoints have stated that protecting against accidents caused by drunk driving are more important than upholding your privacy rights. These checkpoints are effective, and have reduced the amount of drunk driving accidents across the board.

 

Can You Refuse A DUI Checkpoint?

When you go through a DUI checkpoint you will be asked to show your proof of insurance, your license, and registration. The officers who are present will also assess your sobriety, and ask you to perform further sobriety tests if deemed necessary.

If you’re stopped at a checkpoint and are asked to take a breathalyzer test, you do have the right to refuse and request an attorney. However, if you do this there’s a chance that you’ll be arrested and be required to submit a blood alcohol test at the police station.

If you’re approaching a checkpoint it’s almost always a better idea to move through the checkpoint, than to make a sharp U-turn or other illegal turn, as this can be deemed as suspicions behavior, and can result in further questioning.

Your best course of action is to move through the DUI checkpoint in a calm and polite manner, especially if you have nothing to hide.

 

Are There Ways Around The Law?

However, some people prefer to be more active when it comes to exercising their rights. There are a lot of current news stories about Florida drivers who are going through DUI checkpoints with their windows rolled up, presenting nothing more than a bag attached to the outside of their vehicle that contains the necessary documentation and a note that has their rights written on a piece of paper.

There is currently a lot of debate about the legality of this practice. However, drivers in Florida have seen success of defending their rights while successfully moving through the checkpoint.

 

What To Do At The DUI Checkpoint

  • Do have all of your documentation ready to be handed over.
  • Do have your window open as soon as possible.
  • Do act as polite and calm as possible.
  • Do listen and repeat back the instructions to the officer before moving forward with any added sobriety tests
  • Do tell the officer of any medical problems that could inhibit you from doing any added sobriety tests

 

What To Avoid At The DUI Checkpoint

  • Don’t start an argument with the officer when you’re stopped
  • Don’t volunteer information they don’t ask for
  • Don’t forget to mention any existing medical conditions that will inhibit your ability to take a sobriety test

 

If you do happen to be arrested for a DUI it’s always a good idea to seek out the best DUI law firm in Orlando, FL. You want to make sure you’re protected and your rights are upheld. A DUI is a very serious charge and it’s in your best interest to speak with an attorney as soon as possible.

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