Orlando DUI Checkpoint Lawyer

DUI checkpoints are fixed locations in the city of Orlando where police officers stop and check all drivers for sobriety. Anyone found to be driving under the influence can face a variety of consequences, from modest to severe. These checkpoints aim to make the city a safer place to live and drive by clearing the streets of intoxicated drivers. They are usually manned later in the evening and during holidays—anywhere from 8 pm until 4 am, but they may be encountered at any hour on any day.

Orlando DUI checkpoints are a welcome strategy to help keep our streets safe, but it is important that a citizen stopped at a DUI checkpoint understand his or her rights and respond appropriately. Even the most sober, poised, and prudent driver may be unsettled when stopped and questioned by an officer of the law in the dead of night. That’s why it’s important to understand the process and your rights under the law so that you can cooperate fully without compromising your legal rights.

What a Driver Can Expect at a DUI Checkpoint in Orlando

It is the duty of the police officer manning the DUI checkpoint to judge whether or not a driver is impaired. If he or she suspects that the driver has a blood alcohol level above the legal limit, the officer may question the driver at length, ask that he or she submit to a breathalyzer test, or subject the motorist to field sobriety exercises. If you find yourself facing such an interrogation, remember:

• If questioned, you are allowed to assert your 5th Amendment rights. Simply say, “I do not wish to answer that question.”
• Under those rights, you may also decline a breathalyzer test.
• If you do not answer any questions and do not consent to a breathalyzer, it is likely that the officer will ask you to step out of the vehicle and complete field sobriety exercises. These simple tests may include walking in a straight line, pivoting on your foot, standing on one foot for 30 seconds, and/or following a light with your eyes.

Even if these field sobriety tests have been inconclusive and you have not consented to anything that could be considered evidence of intoxication, the police officer may still feel you are impaired and take you into custody.

Legal Basis and Operation of DUI Checkpoints in Orlando

DUI checkpoints in Orlando are set up based on a legal framework that ensures they operate within the boundaries of the law. These checkpoints must adhere to specific criteria regarding their location, timing, and manner of operation. The Supreme Court has ruled that while DUI checkpoints do infringe upon an individual’s Fourth Amendment rights, they are permissible under certain guidelines for the greater public good.