DUI checkpoints allow state and local governments to limit the harm caused by drinking and driving. These drunk driving checkpoints are common throughout the U.S., particularly in places where drunk driving tends to happen more frequently. But are DUI checkpoints legal, and do you have rights when faced with a DUI checkpoint?
Here’s what you need to know about the ongoing debate surrounding how well checkpoints balance public safety with individual rights.
DUI checkpoints are areas where police set up a blockade that requires every driver to stop. At the blockade, police are empowered to confirm that the person driving a stopped vehicle is a legal driver and is not under the influence of drugs or alcohol.
The goal of these checkpoints is to reduce DUI-related incidents before they turn into deadly accidents.
According to federal law, DUI checkpoints are legal. The Supreme Court in Michigan vs. Sitz decisively determined this fact. However, DUI checkpoints are typically run by state authorities rather than federal authorities.
Whether a specific DUI checkpoint is legal depends on your state and how it is operated. Some states explicitly prohibit DUI checkpoints under all circumstances, while others allow them with strict limitations designed to protect drivers' rights.
Florida is one of the latter states. In the Sunshine State, DUI checkpoints are regulated by certain statutes.
According to these statutes, while police can establish DUI checkpoints, they must publicize where and when each checkpoint will occur. This can be done through public media that reaches a reasonable portion of the driving population.
Additionally, the police are required to place signs on the road to warn drivers of an upcoming DUI checkpoint. These checkpoints aren’t legal if the signs are not in place.
Most of the time, police do not pull over every vehicle. Instead, they pull over specific cars based on a predetermined method. For example, the police might choose to pull over every fourth car. If a driver is instructed to pull over, they are required to cooperate.
During the stop, the police have the right to request documentation that you are licensed, your car is registered, and that you have insurance. They will also monitor you for signs of intoxication. If they have reasonable suspicion that you are intoxicated based on observed behavior, they may conduct sobriety tests.
There are 12 states where sobriety checkpoints are illegal, including:
In some states, courts have determined that these checkpoints are unconstitutional based on rights granted in the state constitution. Other states have banned them through legislative action.
Conversely, some states regularly conduct DUI checkpoints. Florida is one of the most common states where sobriety checkpoints are found.
Just because police can legally stop your vehicle and gather information about you doesn’t mean you give up your rights. You have several rights when stopped at a checkpoint.
The most important right you have is the right to remain silent. While the police will ask for your name and identification, you can provide the answer by giving your license and saying nothing. You are not required to answer any questions verbally.
Furthermore, you have the right to refuse a search of your vehicle. Your vehicle and body are generally off-limits unless the police have probable cause for a search or a warrant.
You have the right to refuse any field sobriety test that isn’t state-approved. Some state-approved include tests where police ask you to walk a line, hold one foot off of the ground (one-leg stand), or recite the alphabet,
In Florida, by merit of possessing a Florida Driver’s License, you have “impliedly” consented to submit to a breathalyzer or urine screen at the request of law enforcement. However, there are ways to challenge a breathalyzer. You can refuse a breath test, but in doing so, you will be subject to implied consent rules, which result in an automatic suspension of your license.
Finally, you have the right to a lawyer if you are arrested for a DUI. You must assert this right to take advantage of it. If you are arrested and don’t know what to do, download our free guide for more answers.
If you are instructed to stop, you don’t have the right to refuse. Continuing to drive may result in your getting pulled over and potentially arrested. However, if you are instructed to stop out of sequence, the stop may be illegal, and a lawyer might be able to get any charges from the unlawful stop dropped.
If you are stopped, the best thing you can do is stay silent. Avoid answering any questions other than your name. If you wish to document the encounter, you have the right to do so. You can get through a checkpoint quickly by cooperating while protecting your rights.
Checkpoints may be legal overall, but interactions at specific checkpoints often face legal challenges, especially regarding the Fourth Amendment. When the police deviate from procedural standards in any way, they cause any evidence gained from the stop to be illegal.
For example, adequate notice rules and vehicle stop frequency are particularly important regulations that police must follow. If the police fail to properly announce a checkpoint or vary the way they stop vehicles, a judge could throw out the evidence from the stop. Without that evidence, any charges may be unsustainable.
According to the CDC, sobriety checkpoints reduce alcohol-related crashes by approximately 9% to 17%. In areas where drunk driving is a prevalent issue, these numbers can mean a substantial decrease in such incidents.
However, this reduction can come at a high cost. Checkpoints often involve three to fifteen police officers working for several hours and may cost as much as $7,000 each. Additionally, the publicity requirement means that police usually spend significant money advertising these checkpoints.
These costs can add up, especially if there are multiple sobriety checkpoints per day. This can mean a notable financial burden on municipalities where funds may already be stretched thin.
One of the biggest misconceptions about these checkpoints is that police need probable cause to pull you over. However, this isn’t the case, as the police typically follow a set pattern.
However, if they had probable cause to believe that you were driving drunk, such as if you were swerving as you entered the line, they could pull you over out of order based on that.
If you face any charges after being pulled over at a DUI checkpoint, seeking legal DUI advice as soon as possible is vital. This allows your attorney to best protect your rights by advising you during questioning and investigating whether the stop was handled legally. Contact our law firm today to learn more.
What Are My Rights at a DUI Checkpoint in Florida?
If you have been stopped at a DUI checkpoint, you have several rights, including:
You should politely but definitively claim these rights if you need to invoke them.
Do I Have to Show ID at a DUI Checkpoint in Florida?
You must show your driver’s license, proof of insurance, and registration information if you are stopped at a DUI checkpoint. However, you are not required to provide any other types of ID, like a passport or proof of citizenship.
If a police officer asks for any ID irrelevant to the DUI checkpoint, it’s often best to contact legal representation immediately and document the encounter.
Is It Legal to Turn Around Before a DUI Checkpoint?
It is legal to turn around before a DUI checkpoint if you can do so without violating any traffic rules. You can make a legal U-turn or turn onto a side road. It’s important to note, though, that most DUI checkpoints are located in locations that are difficult to turn around after you become aware of them.
Alternatively, stop your vehicle at a legal place and wait at the checkpoint if there is no place to turn around. Remember that you may raise suspicion by avoiding a checkpoint in either scenario.
Do Checkpoints Violate the 4th Amendment?
DUI checkpoints are usually framed as administrative inspections. As established in Michigan vs. Sitz, as long as the police maintain strict guidelines by simply stopping your vehicle, requesting identification, and observing your behavior, these stops do not violate the Fourth Amendment’s prohibition of unreasonable searches and seizures.
However, violating those guidelines will invalidate any evidence obtained during the stop. Furthermore, the Fourth Amendment still limits any search of you or your car. Unless the police have a warrant, probable cause, or your permission, they can’t search. They also cannot coerce you into approving a search.
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