Driving under the influence is a serious offense. You risk loss of your driving privileges, increased insurance rates, the possibility of an interlock device on your car, and other restrictions on your license. Aggressively defending DUI charges is necessary to minimize these negative impacts. Trained attorneys can help protect your driving record by raising every possible defense on your behalf. Challenges to the field sobriety test and reason for your stop are just the starting point in handling a DUI case.
Another possible defense is to make sure law enforcement followed the rules in place for any checkpoint arrest. Florida is one of a handful of states that allows for DUI checkpoints. However, the police have to abide by certain regulations when operating a DUI checkpoint:
● A proposed plan must be presented and approved prior to a checkpoint becoming operational.
● The police must give any person arrested their Miranda rights.
● The stop must be clearly marked with cones, lights, or other markers identifying the location as a stop.
● The timing of the checkpoint must be made publicly known, such as by news media broadcast.
● Law enforcement must be present at the stop at all times.
Failure of a stop to meet the legal requirements may mean your arrest is not valid. It is crucial you have the circumstances of your arrest examined by a competent attorney to make a determination as to whether the stop was lawful. Automatic dismissal of your case is not granted when missteps by police are made, but a solid defense is built by poking holes in the arrest process.
If you have been arrested for DUI from a checkpoint stop, call a criminal defense attorney in Stuart and the Treasure Coast for more information. Contact our office to schedule a free initial consultation. We fight for your rights and build a strong defense for your case.