DUI (Driving Under the Influence) checkpoints, also known as sobriety checkpoints, are conducted in 38 states, including Florida. Law enforcement personnel use these temporary checkpoints to identify and minimize the risks associated with the use of alcohol.
Know Your DUI Checkpoint Rights
When conducting a DUI checkpoint, law enforcement must abide by a number of rules including:
- The DUI checkpoint must be conducted reasonably.
- Drivers must be stopped randomly and fairly.
Anyone found to be operating a motor vehicle while under the influence of alcohol such that their normal faculties are impaired, or with a Blood Alcohol Content (BAC) of .08 or above, where impairment may be presumed. One can find themselves facing an allegation that has potentially lifelong repercussions. While no one would argue the importance of keeping the roads safe, it is vital that drivers understand their rights and obligations when encountering a DUI checkpoint.
Here are three main questions you may have when encountering a DUI checkpoint.
Can I Leave to Avoid DUI Checkpoint?
While DUI checkpoint locations are publicly announced and selected based on locational risk factors and recent DUI activity, law enforcement chooses each checkpoint location carefully and they purposely leave little room for maneuvering away from the scene.
Although there are a number of laws and standards that police must follow when conducting these checkpoints, you must stop, since they are both legal and constitutional.
Setting up signs to alert drivers of impending checkpoints is one of the laws and standards that police must follow when conducting a DUI checkpoint. Because of this, as a driver, you should not be caught off guard. When you initially notice the signs alerting you to an upcoming checkpoint, you are legally allowed to turn around to avoid the checkpoint only by using legal traffic maneuvers.
Can I Decline to Answer Police Questions?
It is common for officers to ask drivers if they have had any alcohol to drink as they pass through the DUI checkpoint. Be aware that you have a Fifth Amendment right to avoid self-incrimination. In other words, you have the option to decline to answer any questions the police ask you. Bear in mind that this may mean the officers manning the checkpoint may take an interest in you. Never drive while intoxicated.
To clarify, that does not mean that you can refuse to comply with officers at a checkpoint. The right to remain silent is not the same thing as non-compliance. For example, if a police officer asks to see your license and registration, you must present those documents and comply with those instructions.
Can I Decline Tests at a DUI Checkpoint?
According to Florida’s implied consent law, anyone who accepts the privilege to operate a motor vehicle in the state gives consent to all authorized tests when they are suspected of driving while intoxicated.
The infrared, breathalyzer, and blood alcohol tests are examples of approved tests for law enforcement use. You are permitted to decline a breathalyzer test despite the implied consent rule and officers cannot coerce you to take a breathalyzer test.
However, be aware that you can face criminal penalties for refusing these tests including a maximum one-year suspension of your driving privileges as a first-time offender.
Accused of Drinking and Driving?
The purpose of DUI checkpoints is to make our roads safer, but this sometimes results in the rights of drivers being abused or neglected. In order to safeguard your rights and advocate for your best interests if you have been detained at a sobriety checkpoint in Florida, you need a skilled DUI defense lawyer.
Hiring an experienced Florida DUI attorney will give you the best chance of having a favorable outcome. Our attorneys at Apfelbaum Law can assist you with your DUI charge or any other criminal matter. Contact us today for a consultation.
