A Driver's Rights at a Florida DUI Checkpoint
Florida DUI Checkpoint
Florida DUI Checkpoints
If new to driving, you may not be familiar with DUI checkpoints in Florida. These are areas where police have set up a road barricade. Each driver is stopped and checked for signs of intoxication. They check for bloodshot eyes, the smell of alcohol, and visible empty containers.
If there is probable cause to believe that the driver is intoxicated, they will be asked to pull over for further examination. All other drivers will be waived through the checkpoint.
Have Documentation Ready
When approaching a DUI checkpoint, don’t turn around, for it may look suspicious or even be illegal. Have your driver’s license, insurance, and registration ready so that if the officer asks for them, you won’t have to fiddle in search of them. It would also be best to roll down the driver-side window to an appropriate extent to facilitate easy communication with law enforcement.
Don’t Volunteer Information
You only need to provide the officer with basic information that he or she asks about, regardless of whether having had a few beers or not. They are supposed to ask questions like:
- Do you still live at the same address?
- Are you sick, injured, or impaired? Basically, is there anything that may keep you from operating the motor vehicle in the appropriate manner?
However, they often tend to ask:
- Have you had anything to drink tonight? As soon as you say yes, you become a suspect.
- Where are you going, and where are you coming from? This is to determine whether you’re going in the right direction again to confirm whether you’re impaired or not.
These questions are designed to gain evidence against the driver. In our opinion, the response should be something like: “With all due respect, where I’m going is none of your business. I’ve had nothing to drink tonight. May I please go now?”
Don’t volunteer any other information that can be used against you later.
Exercise Patience
In the event that you come across a DUI checkpoint, try to be patient and understanding. A DUI checkpoint is intended to keep everyone safer on the roads. If not guilty of excessive drinking, passing through the checkpoint should only take minutes. Be courteous and considerate to the officers during that time.
Refusing The Breath Test
In Florida, one has to be under arrest before one can be offered a breath test. Until that time, do not consent to one. If one has had too much to drink, a breath test can be used as evidence against the driver, and it is best to refuse.
If refusing to take a breath test, there is a chance one may be asked to take a blood test at the police station. In Florida, a blood test can only be taken with consent or if the driver caused an accident where there’s serious bodily injury.
If driving sober, a DUI checkpoint isn’t anything to worry about. In fact, DUI checkpoints can make the roads safer for everyone.
Make sure to keep these important dos and don’ts in mind. It may also be a good idea to understand Flordia DUI Penalties based on the number of offenses and type.
DUI Defense Lawyers
There are many good DUI defense lawyers in Florida. If charged with a DUI as the result of a Florida DUI checkpoint, seek a Florida DUI lawyer that will provide an aggressive DUI defense. Most lawyers are willing to meet with you in the evenings, on weekends, and on holidays if necessary.
Legal Eagles
Mario Gunde Peters & Kelley
+1 321-631-0506
admin@legal-eagles.com
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