Checkmate! Your rights and DUI Checkpoints

Can I be stopped at a DUI checkpoint?

Get over it, DUI checkpoints are legal in Florida.  Are they subject to greater scrutiny because of extreme infringement on a person’s 4th Amendment rights? Absolutely. That does not mean that you cannot be stopped and subsequently arrested while going through a roadblock set up by law enforcement.  Here are some important things to remember if you are ever caught in a DUI checkpoint or a roadblock:

  • Give the officer your driver’s license, vehicle registration and proof of insurance.
  • DON’T be a jerk or a smart-aleck
  • Exit the vehicle if asked to do so (note: failing to comply with law enforcement’s commands could lead to picking up another charge)
  • DON’T give the officer consent to search your car and make sure to lock the doors behind you as you exit the vehicle.
  • Remember, Field Sobriety Tests are VOLUNTARY.  You DON’T have to submit to field sobriety tests.
  • DON’T volunteer any information about where you’ve been or what you’ve been doing.  In fact, DON’T answer these questions, period.  You have the right to decline answering these questions and a lot of times the police are already using your answers to build a case against you.
  • DON’T answer questions at the station without your attorney present.

As is the case in a regular DUI stop, refusing to perform Field Sobriety Exercises or refusing to submit to a roadside breathalyzer will likely lead to your arrest.  Remember, if the police officer has moved you to the next phase of a checkpoint or roadblock, chances are he has already detected signs of impairment and is simply building up his case against you.  It is very rare to be suspected of drunk driving and then have an officer let you go after performing field sobriety exercises.  Not to mention there are also issues with breath testing machinery, especially portable breath testing units, which are notorious for giving false readings as a result of factors such as weather, radio interference or even fumes from all the cars in close proximity.

After arrest, you are required by law to take a breath, blood or urine test or your license will be suspended.  In addition to having your license suspended for refusing to submit to breath, blood or urine testing, your license will also be suspended if you are found to have been driving with an unlawful blood alcohol level of .08 or above.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book "A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest". This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

You may also fill out my  DUI Intake Form.

Be the first to comment!
Post a Comment