While the United States Supreme Court has ruled that DUI checkpoints, also known as sobriety checks, are legal eleven state Supreme Courts have ruled that DUI checkpoints are a violation of the drivers Fourth Amendment rights against unwarranted searches. Florida is not one of those eleven states and DUI checkpoints are legal.
A DUI checkpoint is a police roadblock set up on a busy road at a time when drunk driving would occur, such as St. Patrick’s Day or after last call at a popular bar, and officers stop every vehicle to speak with the driver and determine whether they are sober or not. The purpose of these checkpoints is to get drunk drivers off the road before it’s too late and an accident happens. At a DUI checkpoint the officer will ask to see a drivers license, registration and proof of insurance as well as ask questions and any drivers that appear under the influence will be asked to perform sobriety tests.
Police can also ask that the driver take a breathalyzer test, at that point if you do not wish to take the test simply refuse and request to speak with your attorney. Know that your refusal will most likely result in your arrest. At the police station you will be required by law to take a blood test to determine if your blood alcohol level is above .08%. If you refuse to take both of these tests your license will be suspended for one year.
If you are being charged with a DUI in Florida know that your charges are very serious and calling a qualified attorney early will greatly impact your case. It is in your best interest to contact the Platt Cole Russell & Simpson PLLC firm immediately once your find yourself facing DUI charges. Call our office at 321-725-3425 to schedule a free consultation.
