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It is likely that you have heard of or experienced a sobriety checkpoint firsthand. While sobriety checkpoints are illegal in some states, they are deemed legal under the Florida state constitution. These random stops serve as a means to monitor the roads and potentially stop drunk drivers for sobriety tests. However, there are specific guidelines that law enforcement must follow for sobriety checkpoints to be legal. What are these guidelines? Let Ali & Blankner help explain.
What Are the Checkpoint Guidelines in Florida?
While it is true that sobriety checkpoints are permitted in the state of Florida, there are some guidelines that must be followed in order to not infringe upon your rights. These guidelines are provided by the National Highway Traffic Safety Administration.
The presence of law enforcement and the checkpoint should be clearly known and visible to you.
You should have some type of advanced warning that there is a checkpoint and roadblock ahead.
The checkpoint should not interfere with the flow of traffic or your ability to drive.
You should not be distracted by the checkpoint.
They must be arranged in a way that you could choose to avoid the checkpoint.
If you are suspected of DUI, testing should occur within a reasonable time period.
While these guidelines must be applied universally to all checkpoints in Florida, a law enforcement officer may not adhere to them in your situation. What should you do if that is the case? A team member from Ali & Blankner can help find a solution.
Suppressing Evidence When Necessary
When an officer fails to adhere to the set guidelines for a sobriety checkpoint, any of the evidence collected for a DUI can be deemed inadmissible for your case. It is paramount to contact an experienced DUI attorney quickly in these situations, so they can review the necessary details and build a strong defense.
Don’t Hesitate to Contact Us When You Need Representation
If you or someone you know experienced a sobriety checkpoint that resulted in a DUI arrest, it is possible that the evidence collected is questionable in validity. Did the officers adhere to the guidelines? This is a vital question to explore in these cases, and Ali & Blankner is ready to find the answer.