DUI Checkpoints – Do I Have To Stop?

With the Fourth of July approaching many people are starting to make plans for their long holiday weekend. July 4th is known for picnics and other gatherings that often include beer or other alcoholic beverages. The holiday is actually one of the most dangerous in terms of vehicle accidents, with many attributed to driving under the influence. With this in mind, local law enforcement agencies typically set up DUI checkpoints. Some people wonder whether these checkpoints are legal and generally they are.

Holiday DUI Checkpoints

Police departments set up DUI checkpoints in various locations. Checkpoints must be prearranged and they are manned by police or law enforcement officials. The checkpoint plan indicates the location and time the checkpoint will take place. It also includes which vehicles will be stopped. For example, the police may stop every third vehicle that goes through the area. If the details aren’t properly followed any DUI arrest may not have been made properly.

What Happens at DUI Checkpoints

A simple road block is set up at a DUI checkpoint location. The police will require vehicles to slow through the area and may motion for a vehicle to pull to the side. If pulled over, the driver may be approached by a police officer and must provide driver’s license, registration, and proof of insurance. If there are any problems with these items, the driver may immediately receive a ticket. The officer may ask the driver if he or she has been drinking. If the officer deems necessary, he may request the driver to perform field sobriety tests.

Implied Consent

Florida is one of many states that has implied consent. Drivers have automatically consented to take DUI tests if requested to do so by police. This is part of getting a driver’s license. Drivers who refuse to take a DUI test are subject to additional penalties that include a driver’s license suspension for a period of time. Additionally, the fact that you refused to take the DUI test will be used against you in your court case.

Defending DUI Charges

If you have been charged with DUI it is important to seek help from an experienced DUI attorney as soon as possible. Your lawyer will review everything that happened in your situation to determine the best way to proceed. If the evidence against you is not strong it may be possible to have the charges lowered or dropped. If the DUI stop was not done properly or if the results of the test were not correct these could be reasons to have the charges quickly resolved. Speak to an attorney quickly to immediately help you through the legal process.