An DUI arrest can stem from a traffic stop, accident, or being targeted at a DUI checkpoint. Regardless of how your DUI arrest arose, it is critical to know your rights. But when the arrest was the result of a DUI checkpoint, special consideration must be given to the fact that the stop was “planned”.
Florida does allow for DUI checkpoints, but to be valid certain rules must be followed. For example:
● A plan for the checkpoint must be submitted prior to it being implemented.
● There must be a clear notice given of when the checkpoint will be in use, such as an announcement on the news or in the paper.
● The stop must be clearly marked with cones or other traffic devices, and the intent of the stop must be visible.
● The cars stopped must be chosen at random.
● Any field sobriety test must be properly administered.
If you were arrested for DUI at a checkpoint, careful analysis of the above factors is required. Many times there are deviations from the proposed plan, and that will invalidate the stop and arrest. Other times, the field sobriety test was not properly given, which means the results are not reliable. Still yet, there may be circumstances unique to your case that call into question the ability of law enforcement to arrest you for DUI at a DUI checkpoint. To find out more, contact one of our knowledgeable criminal defense attorneys.
If you have questions about DUI checkpoint laws, call our office for answers. Call an experienced criminal defense attorney in Stuart and the Treasure Coast. We aggressively defend you and work to maintain your driving privileges. Your first visit is a free initial consultation.