Sobriety or driving under the influence (DUI) checkpoints are allowed in Florida. The police can stop vehicles at specific, visible locations to see if drivers are impaired. It’s crucial to be informed about these checkpoints to avoid costly mistakes.
Here is what to know about DUI checkpoints:
The police do not need reasonable suspicion to stop you
Outwith a sobriety checkpoint, the police must have reasonable suspicion of drunk driving or some other crime to stop a driver. For example, if a driver is speeding, changing lanes unsafely, accelerating and decelerating abruptly or braking suddenly.
Officers do not need to have reasonable suspicion to pull people over at DUI checkpoints. They can stop every driver or have a system to select who to stop, perhaps stopping every fourth car. But the methods they use must be neutral. They can’t stop drivers based on their age, race, model of car or anything else that could be considered profiling.
The checkpoint must comply with state laws
If an officer sets up a checkpoint, they must have advance permission and operate it according to state guidelines. The police force usually announces checkpoints in advance to discourage drivers from drinking, especially around public holidays.
Not all checkpoint stops comply fully with the law
Police officers can make mistakes, forgetting to do something the law requires them to do when setting up the checkpoint or failing to follow the correct procedure when interacting with drivers. If the police arrest you at a sobriety checkpoint, it’s wise to seek guidance to examine every element of the stop to see if you can find something to invalidate your arrest.
