There are no penalties for avoiding a DUI checkpoint in Florida if you use legal traffic maneuvers to do so. If you complete an illegal U-turn to avoid a DUI checkpoint, you can be penalized. Using an illegal maneuver to avoid a traffic stop can result in your vehicle being pulled over by law enforcement officers.
If you get pulled over for dangerous driving, you will probably face a penalty. Furthermore, if the officer at the scene asks you to complete a breathalyzer test and discovers you were driving while intoxicated over the limit, you can also be arrested for driving under the influence (DUI.) Florida drivers charged with DUI can serve jail time, serve community service, pay hefty fines, suffer license suspensions, and more.
You must contact an experienced DUI lawyer if you have been arrested at a DUI checkpoint stop in Florida. At The Law Place, we can build you a solid defense against your DUI charges and/ or other criminal charges. Contact us today to schedule your free consultation at (941)-444-4444.
What Is a DUI Checkpoint?
A DUI checkpoint is also known as a sobriety checkpoint. These are predetermined locations where police officers stop vehicles to check whether drivers are impaired. This is a legal measure that is designed to deter drunk driving.
Florida DUI checkpoint laws outline that these checkpoints must be highly visible. They must also be publicized greatly and conducted regularly. Drivers should also be given ample warning of the DUI checkpoints ahead so that they can make legal maneuvers to avoid them if they so wish. These DUI checkpoints in Florida should not take drivers by surprise.
Do You Have to Pull Over for DUI Checkpoints?
If you reach a DUI checkpoint and a law enforcement officer requests that you pull over, you must comply. Law enforcement officers may pull over every vehicle or some at regular intervals. For example, they may pull over every fifth or tenth vehicle. If you avoid them when they have specifically called your vehicle to a stop, you can face criminal charges.
To avoid being pulled over at a checkpoint, you should complete a legal maneuver to get off the road or change direction when you are first warned about the checkpoint. Once you’re there, you can’t refuse to be tested due to Florida’s implied consent law.
How Do Law Enforcement Officers Conduct a Checkpoint in Florida?
The first thing that law enforcement officers do at a sobriety checkpoint in Florida is look for signs of intoxication. They will look to see whether your eyes are bloodshot, whether your breath smells of alcohol, and whether there are empty containers of alcohol in your vehicle.
If a law enforcement officer has reasonable suspicion that you are intoxicated, they will request that you complete a breathalyzer test and/ or a field sobriety test. Drivers can be arrested for DUI if their blood alcohol concentration (BAC) is tested at .08% or higher.
Being arrested at a DUI checkpoint can feel very overwhelming. As soon as you can, you should speak to a reputable defense attorney. Our team at The Law Place has a solid understanding of the traffic laws in Florida. This knowledge and experience can help you fight your DUI charges.
What Rights Do Drivers Have Approaching DUI Checkpoints?
Drivers have many rights at DUI checkpoints. They have the right to remain silent, the right to avoid a checkpoint, and the right to refuse field sobriety tests.
Many people assume that they must answer all the questions asked of them by officers. This is not the case. You should provide all the documentation they request but if you feel like they are setting you up, stay quiet and defend yourself in court with a reputable defense attorney. Furthermore, you don’t have to complete their field sobriety tests. It is better to not complete them than complete them poorly.
The law in Florida states that drivers should be given plenty of warning about the checkpoint before they reach it. This is to give drivers a chance to safely and legally make maneuvers to avoid them if they want.
Can You Turn Around to Avoid a DUI Checkpoint?
You can turn to avoid a checkpoint as long as you are making a legal maneuver and it is safe to do so. If a police officer witnesses you making an illegal move to avoid them, they can pull your vehicle to a stop. If this occurs while you are intoxicated, you may face charges for drunk driving and dangerous driving.
Are Sobriety Checkpoints Legal in Florida?
DUI checkpoints are legal in Florida. However, they are not legal in every state in the United States. These checkpoints are only legal in 38 states in the country.
Although these checkpoints are legal in Florida, the United States supreme court has ruled that requiring drivers to comply with these checkpoints violates their constitutional rights. The fourth amendment is designed to protect citizens against unreasonable searches and seizures. Despite this ruling from the supreme court, these sobriety checkpoints are legal as long as they prove to effectively maintain safety.
How Do You Get Around a DUI Checkpoint?
You can get around a DUI checkpoint by making a legal maneuver to avoid the checkpoint before you reach the zone. Once you reach the checkpoint, you will be required to stop if an officer calls you to.
The law states that you should be given plenty of warning about these checkpoints. You should not be taken by surprise. If law enforcement officers give you no warning, you could get your charges dismissed if you are found intoxicated. This is because the officers made an unlawful procedural error. An experienced criminal defense attorney can help you prove this.
What Is Florida’s Implied Consent Law?
The implied consent law states that all drivers legally consent to chemical testing by operating their vehicles. This is a law that all drivers must be aware of.
Therefore, if a driver refuses to complete chemical testing at a DUI checkpoint, they will be violating these laws. Refusal of a blood or breath test in Florida is a misdemeanor charge.
For more information about Florida’s implied consent law, don’t hesitate to get in contact with The Law Place. In a free consultation meeting, one of our attorneys will be able to answer all of your questions.
Should I Contact The Law Place?
If you are facing DUI charges or charges related to an incident that occurred at a sobriety checkpoint, you should contact our law firm. Facing criminal charges of any kind can be frightening, and that is why were are here for you. One of our reputable criminal defense attorneys can build you a solid defense strategy to try and get your charges dismissed or reduced. The sooner you contact an attorney following an arrest, the better.
To schedule your free consultation with a member of our team, call us today. Someone will be available to take your call 24 hours a day, seven days a week. What are you waiting for? Phone us now at (941)-444-4444.