The number of alcohol-impaired drivers who die on the road is increasing every year. In fact, alcohol-impaired fatalities increased by 9% in 2020 compared to 2019, despite there being fewer motorists on the roads during the pandemic. Florida is among the 38 states that conduct DUI checkpoints. DUI checkpoints, or sobriety checks, are a technique used by law enforcement to evaluate drivers for signs of impairment. This is usually done in a specific order, such as stopping each vehicle in a line every fourth time to avoid any accusations of profiling.
So, are DUI checkpoints legal in Florida? The answer is yes. According to the Governors Highway Safety Association, there are approximately 15 to 20 checkpoints in Florida each month. These checkpoints can be either permanently located or randomly placed. Although Florida uses DUI checkpoints to combat drunk driving, many argue that they violate constitutional rights. If you’ve been charged with a DUI after a sobriety test, contacting a Florida DUI attorney can help protect your rights and liberties.
Florida DUI Checkpoint Laws
Florida law enforcement agencies are required to follow specific rules and procedures for DUI checkpoints. These rules include:
- The “Three-Minute Rule”: Officers cannot hold motorists for more than three minutes at a DUI checkpoint or for as long as a standard red light. If a stop exceeds three minutes, officers must temporarily suspend vehicle diversion until the wait time falls below three minutes. Checkpoints that cause traffic to back up may be considered unreasonable.
- Public Posting Requirements: Florida law enforcement agencies must post the dates and locations of all scheduled DUI checkpoints. Websites like DUIBlock.com provide a continuously updated schedule for upcoming DUI checkpoints. The schedule must be posted publicly so that motorists can avoid the area if they choose to do so.
- Pre-Determined Stopping Procedures: Before establishing a checkpoint, a formula or procedure for determining which drivers will be stopped must be established. Florida law enforcement cannot randomly pull over any vehicle or stop a driver based on how they “look” at a checkpoint.
This post was written by a professional at Ticket Shield. Ticket Shield understands that life can sometimes throw unexpected challenges your way. That’s why Ticket Shield is here to help you navigate through legal roadblocks when you need it most. Their team of experienced lawyers specializes in a range of traffic-related legal matters, ensuring you have the best defense possible. Types of teams available:
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