We sort of expect them to pop up around the holidays. However, some areas in Florida keep them up throughout the year. We’re talking about DUI checkpoints, you know the things you love to hate—the checkpoints serve a vital safety purpose but getting through one is also time-consuming.
If you’re running late then a DUI checkpoint can be a frustrating annoyance and skipping a DUI checkpoint is tempting but is it legal? We’re navigating your legal rights at a Florida DUI checkpoint so you can avoid any potential legal penalties.
Common Questions About Florida DUI Checkpoints
What are your legal rights at a DUI checkpoint in Florida? Do you even have legal rights or does everything take a back seat to the sobriety test? From figuring out if it’s okay to turn around at a DUI checkpoint to what happens if you refuse a chemical test, we’re answering some of your common questions.
Am I Required to Stop at a Florida DUI Checkpoint?
You know you haven’t touched a drop of alcohol so do you have to wait in line at the DUI checkpoint? The answer is a tad confusing. You may get lucky and an officer waves you through. When this happens you can keep going without even rolling down your driver’s side window.
However, if an officer waves you over, stopping isn’t a suggestion it’s a legal requirement. Yes, there’s even legal precedence. In the case of the Michigan Department of State Police v. Sitz, the U.S. Supreme Court ruled in favor of the state. Florida uses this ruling as a guideline for the state’s DUI checkpoint regulations.
Can I Legally Avoid a DUI Checkpoint in Florida?
The answer to this question is a bit of yes and no since the answer typically depends on a few factors and if it’s legal for you to make a U-turn, you may be able to avoid a DUI checkpoint. However, this doesn’t mean you can drive around the police blockade.
Something else to keep in mind is that police are generally trained to notice suspicious behavior. Watching a vehicle avoid a DUI checkpoint sort of qualifies as suspicious activity and your behavior makes it pretty obvious you’re trying to avoid going through the checkpoint. This can be enough to make an officer pull you over and still make you go through a DUI roadside test. So, if you’re trying to avoid a checkpoint to save time it’s probably going to backfire.
Do I Have to Take a Field Sobriety Test at a DUI Checkpoint?
The Sunshine State has a few laws on the books including Florida Statute §316.1932. This funny little rule deals with implied consent. In other words, your Florida driver’s license means you automatically give consent. In a nutshell, consent is implied for everyone with a Florida driver’s license.
If an officer suspects your driving under the influence, they can request you take either a breath, blood, or urine test. If you decide to say no, you should plan on spending at least a few hours in jail, at least until your bond is taken care of. Your license is probably going to be suspended for around 12 months. If it’s your second offense, license suspension tends to run for 18 months. Your second offense can also be considered a misdemeanor and this usually means hefty fines.
What Are My Legal Rights at a Florida DUI Checkpoint?
You may think your legal rights are slipping away at a DUI checkpoint. After all, you can’t even refuse a sobriety test without the threat of potential penalties like jail time and license suspension. However, your constitutional rights aren’t being completely ignored.
You always have the right to remain silent. This means you’re not legally required to answer any questions about your activities before reaching the DUI checkpoint. You can also refuse the sobriety test, it’s a legal right. On the other hand, the officer also has the legal right to arrest you if they suspect you’re under the influence of drugs and/or alcohol.
You’re also legally required to provide proof of insurance, your vehicle registration, and your driver’s license. This applies anytime an officer requests the information.
What to Do at a Florida DUI Checkpoint
Not everyone is flagged down at a DUI checkpoint. Some drivers are allowed to sail through without stopping. So, if you’re waved over at a DUI checkpoint, do you know what to do? Remember, your goal is to get through the checkpoint as quickly and smoothly as possible.
Have Your Documents Ready
As you may know by now being waved over at a DUI checkpoint can be nerve-racking however you don’t want to appear too nervous as the officers may mistake it for intoxication. Instead get your driver’s license, vehicle registration, and proof of insurance ready to hand over as soon as the officer approaches your window.
Be Polite
Yep, it’s annoying when you’re stuck at a DUI checkpoint but don’t take your frustration out on the officers. They probably don’t want to be there any more than you. Be polite and hand over your requested documents. Go ahead and engage in some polite conversation. You know things like how your day is going, etc.
Don’t forget about your right to remain silent. You can invoke this right at any time. This means you’re not legally required to tell the officer what you’re up to before reaching the DUI checkpoint.
Understand the Potential Consequences of Refusing a Field Sobriety Test
So, the urine test is probably something that’s not going to come up at a DUI checkpoint. With that being said, breath and chemical tests are pretty standard. If you decide to refuse a roadside sobriety test, be sure you know the potential consequences. Along with potential fines, you may be looking at jail time and license suspension.
Let a Florida DUI Attorney Help Protect Your Legal Rights
Whether you refused the DUI test because you may have had a couple of drinks or you just don’t agree with implied consent, you’re probably going to need an experienced Florida DUI attorney. From helping protect your rights to navigating the often complex legal process, your attorney can help ensure you’re not unfairly punished.
