Sobriety checkpoints in Florida are a tricky matter to deal with when you have been arrested on charges of DUI. While the basic idea of sobriety checkpoints in Florida is legal, they must be adequately conducted to be valid in your DUI arrest. A Miami DUI defense attorney can help you review the circumstances that led to your arrest to determine if it was valid.
How Sobriety Checkpoints in Florida are Established
Each of the state’s counties has the power to establish and conduct sobriety checkpoints in Florida. Typically these checkpoints are seen during high traffic holidays commonly associated with parties, such as Labor Day, Memorial Day and the Fourth of July.
The county does not need to disclose the location and duration of sobriety checkpoints in Florida. Many counties do contact the local news stations and radio channels to announce them but it is not required. This means that there is the potential for you to run across a checkpoint without your knowledge at any time.
Proper Conduct for Sobriety Checkpoints in Florida
The process you go through when being screened at sobriety checkpoints in Florida must be within the county’s policy. Passing through the checkpoint means your vehicle may be pulled over so officers can determine your level of impairment.
One of the common forms of Miami DUI defense is to question the officer’s method for pulling over cars and evaluating drivers. If there is no logical method of selecting vehicles or discriminatory practices are noticed, this may be a form of Miami DUI defense to be used in arguing your arrest.
Officers should conduct the stop at sobriety checkpoints in Florida just as they would any normal traffic stop. You will be asked for your license and registration and during this time you will be watched for signs of impairment. If the officer has reasonable suspicion that you are driving while intoxicated, you may be subjected to physical or chemical testing to determine if you are over the legal limit.
Your Rights at Sobriety Checkpoints in Florida
You have the same rights during a stop at sobriety checkpoints in Florida just as you would at any other traffic stop. This means you do not have to provide any information aside from the normal identifying information the officer requests. This is your right to remain silent and should be exercised without a Miami DUI defense attorney present.
The officer may request field sobriety tests, but you do not have to submit to these evaluations. You do have to submit to chemical testing of your breath, blood or urine to determine intoxication, either at the checkpoint or at the police station.
Improper Sobriety Checkpoints in Florida as a Miami DUI Defense
The conduct with which the sobriety checkpoint was conducted can be a huge factor in your Miami DUI defense. If there were questionable practices taking place at the checkpoint or misconduct in your arrest, this could render your case invalid.
An experienced Miami DUI defense attorney will know the signs of an improperly conducted sobriety checkpoint and can use these details to help your case and potentially avoid maximum penalties. This even means that an improper DUI charge could be revoked entirely.
There are many arguments that can be raised against the fairness of sobriety checkpoints in Florida, especially when misconduct is present. Most drivers accused of DUI cannot argue these points alone and should seek experienced help from a professional who is used to dealing with these cases.
As soon as you are arrested for DUI at any of the sobriety checkpoints in Florida, you should exercise your right to a Miami DUI defense attorney. A lawyer can help you avoid further incrimination and penalties.
Contacting a Miami DUI Defense Attorney
You have the right to a Miami DUI defense attorney during the proceedings following your arrest in Florida. If you are facing criminal charges in South Florida, your legal team is your best defense. Contact the Miami DUI defense attorney team at Falk & Ross to discuss your case – 1-877-663-5110.