With summer vacations wrapping up, it’s important to know what to expect as a Florida driver. If you and your family are preparing to return from a vacation, stay alert for roadside law enforcement. Florida law enforcement frequently increases directed patrols and DUI road checkpoints in summer due to a rise in seasonal travel. You may encounter police unexpectedly during your trip.
As a driver, you have multiple rights and responsibilities when at a checkpoint. Take note of these important details to protect yourself from undeserved penalties.
Proper notice
While Florida law enforcement has the right to conduct DUI checkpoints, they must follow strict procedures and legal safeguards. Failing to follow them can lead to suppressed evidence. Police cannot simply camp by the road abruptly to assess your sobriety.
Florida requires law enforcement agencies to notify the public about upcoming sobriety checkpoints in advance. They will typically reveal the general time, date and location of the checkpoint through local media and press releases. When in doubt, always check for warnings before you travel.
Neutral selection
Law enforcement have responsibilities other than providing advance warning for DUI checkpoints. They must eliminate selection bias by employing a neutral method to stop vehicles. Florida law enforcement follows a rigid pattern (such as stopping every 3rd vehicle, etc.).
Police officers do not have the right to exercise discretion in choosing a vehicle. They cannot pick and choose which vehicles to search or check.
Obligation to stop and provide
When at a designated checkpoint, you must stop if directed by the officers. It is not illegal to avoid a sobriety checkpoint, however, if you do so in a safe and legal way. If you avoid the checkpoint in an unsafe manner (such as making an illegal U-turn), you may cast suspicion on yourself. Police may gain legal justification to pull you over.
Your only mandatory requirements are to provide necessary documents such as your driver’s license, vehicle registration and proof of insurance. You have the right to remain silent and the state does not legally require you to answer investigative questions. Under Florida law, you also have a right to refuse field sobriety tests.
However, if law enforcement asks you to submit to chemical testing (breath, urine or blood alcohol tests), refusal carries administrative and criminal penalties. Refusing a lawful breath or urine test after a DUI arrest results in an administrative license suspension (12 months for a first refusal, 18 months for subsequent refusals). It is also a criminal misdemeanor offense (a second-degree misdemeanor for a first refusal or a first-degree misdemeanor for subsequent refusals). Keep in mind, you have only 10 days from your arrest date to request a formal hearing with the FLHSMV (Florida Department of Highway Safety and Motor Vehicles) to challenge this suspension.
Your legal options
DUI cases concerning sobriety checkpoints may not hold up to legal scrutiny in court. If you are facing a conviction, a legal representative can investigate whether the police followed the strict procedural guidelines. Unlawfully gathered evidence or improper adherence to state law can help suppress evidence and strengthen your case.