Click Here for Free Consultation

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.

Comparison Questions to Ask When Hiring a Lawyer

Request a Free Consultation

Fill out the form below to recieve a free and confidential intial consultation.

Click here for important legal disclaimer.

    CURRENT/PAST ASSOCIATIONS & AWARDS


    10.0 Superb Rating AVVO Criminal Defense

    10.0 Superb Rating
    AVVO Criminal Defense

    AV-Highest Rated Preeminent Lawyers Martindale-Hubbell

    AV-Highest Rated Preeminent Lawyers
    Martindale-Hubbell


    Life Member
    National Association of Criminal Defense Lawyers

    Super Lawyer Criminal & DUI Defense

    Super Lawyer
    Criminal & DUI Defense

    Ranking Arizona

    Voted #1 (2020)
    Ranking Arizona

    Nation's Top 1% Attorney National Association of Distinguished Counsel

    Top 1% Attorney
    National Association of Distinguished Counsel

    Top 100 Trial Lawyers (Criminal Defense) American Trial Lawyers Association

    Top 100 Trial Lawyers
    (Criminal Defense)

    American Trial Lawyers Association

    Top 10 DUI/DWI Law Firm American Institute of DUI / DWI Attorneys

    Top 10 DUI/DWI Law Firm
    American Institute of DUI / DWI Attorneys

    Client Satisfaction Award American Institute of DUI / DWI Attorneys

    Client Satisfaction Award
    American Institute of DUI / DWI Attorneys

    Top 100 Lawyer American Society of Legal Advocates

    Top 100 Lawyer
    American Society of Legal Advocates

    Member National College for DUI Defense

    Member
    National College for DUI Defense

    Top 10 Attorney National Academy of Criminal Defense Attorneys

    Top 10 Attorney
    National Academy of Criminal Defense Attorneys

    Charter Member Trial Masters

    Charter Member
    Trial Masters

    Member DUI Defense Lawyers Association

    Member
    DUI Defense Lawyers Association

    Lifetime Charter Member Best Attorneys of America

    Lifetime Member
    Best Attorneys of America

    Member American Bar Foundation

    Member
    American Bar Foundation

    Sustaining Member Arizona Trial Lawyers Association

    Sustaining Member
    Arizona Trial Lawyers Association

    America's Top 100 Criminal Defense Attorneys

    Member
    America's Top 100 Criminal Defense Attorneys

    Member American Association for Justice

    Member
    American Association for Justice

    Life Member Arizona Attorneys for Criminal Justice

    Life Member
    Arizona Attorneys for Criminal Justice

    Superior DUI Attorney National Advocacy for DUI Defense

    Superior DUI Attorney
    National Advocacy for DUI Defense

    Superior DUI Attorney National Advocacy for DUI Defense

    2019 Litigator of the Year
    (Criminal Law)

    American Institute of Trial Lawyers

    Member Since 1989 American Bar Association

    Member Since 1989
    American Bar Association

    DUI Expertise

    Best DUI Lawyers in Phoenix
    Expertise

    Call Now Button