A DUI checkpoint can be intimidating, especially when an individual is not sure what to expect. In the State of Florida, DUI checkpoints, or sobriety checkpoints, are legal.
Checkpoints are commonly used by law enforcement as a tool for deterring and identifying impaired driving. An individual cannot legally refuse to pass through a DUI checkpoint in Florida.
However, if an individual can make a legal maneuver to avoid the checkpoint, such as a legal u-turn, they are permitted to do so. Refusal to stop at the DUI checkpoint may lead to serious legal consequences, which include being charged with evading law enforcement as well as other traffic violations.
It is important to note that while an individual is required to stop at a checkpoint, they do have rights during the checkpoint interaction. For example, an individual has the right to remain silent.
Although law enforcement is permitted to ask for a driver’s license and registration, they must have consent or probable cause to conduct a detailed search of a vehicle. If an individual has any questions about DUI checkpoints in Florida, they should consult with a local Florida attorney.
What Counts as a DUI in Florida?
Many individuals think that driving under the influence (DUI) only involves alcohol. It is important to be aware that DUI is not solely based on an individual consuming alcohol.
A driver may also be charged with DUI if they are driving while impaired as a result of consuming:
- Prescription drugs that interfere with their ability to drive safely;
- Recreational drugs, such as marijuana, even in locations where it is legal to possess and use;
- Illegal drugs;
- Alcohol; or
- A combination of any of these substances.
It may also be possible for an individual to be charged with DUI without physically moving their vehicle. An individual may be arrested for a DUI if they are in actual physical control of the vehicle while they are impaired.
This means that the individual is within reaching distance of the keys to the vehicle.
When Stopped for a DUI: Do Not Incriminate Yourself?
If a law enforcement officer has pulled an individual over, they should remember to remain calm. It is important for an individual not to provide any potentially incriminating information themselves.
An individual is required to provide basic identification information, such as their name, but they are not required to share where they are coming from, what they were doing, or how much they have had to drink. It is essential to remain calm, be polite, and never lie to enforcement.
The best way to handle questions is to politely inform the officer that they will not be answering questions until they have had the opportunity to consult with their lawyer.
Are Field Sobriety Tests Mandatory?
If an individual is pulled over, the law enforcement officer may ask them to submit to one or more field sobriety tests. An individual is not required to take these tests.
If the law enforcement officer insists, the best course of action for an individual is to politely tell the officer that they will not be taking the tests until they have talked with their lawyer. Once an individual has indicated your intention to use an attorney, the officer can no longer question or test them.
This applies even if an individual has already spoken to the officer or has started taking the field sobriety tests. This is because an individual has the constitutional right to terminate questioning at any point in time by telling the officer that they want to speak with their attorney before continuing.
There are several common field sobriety tests that law enforcement officers may use to test whether an individual’s ability to drive has been impaired, including:
- Horizontal gaze nystagmus: This test involves the officer holding a pen or flashlight about 12 inches from an individual’s face and asking them to watch the pen as it moves from side to side;
- The idea is that an impaired driver’s eyeballs will jerk involuntarily when the pen is moved to the side as far as possible. The higher the driver’s blood alcohol content, the more the eyeballs will jerk;
- Standing on one foot while counting: For this test, an individual will be told to stand on one foot with their hands at their sides and their other foot extended in front of themselves. The police officer may ask the individual to count simultaneously, keeping track of how successfully they complete the task;
- The police officer is looking to see if the individual can keep their balance regularly or under the stress of counting aloud;
- Walking heel-to-toe: This is another balance test. The officer may demonstrate this test before asking an individual to perform it. The individual will be told to walk a straight line, touching their feet heel to toe each step;
- Walk and turn: The officer may instruct the individual to walk a certain number of steps, turn around, and walk back to the starting point, all heel to toe;
- The officer is looking for balance failures; and
- Finger-to-nose: An individual begins this test with their arms extended straight out. Then, they must try to touch your nose with an index finger while their eyes are closed;
- An individual may be asked to alternate between left and right hands;
- Other tests include asking an individual to recite the alphabet, either forward or backward (or both), or to count backward from a specified number.
A law enforcement officer is not likely to inform an individual that they are not required to submit to these tests. If an individual has, in fact, been drinking, it may be in their best interests to decline to take the field sobriety tests, no matter how easy they sound.
Most law enforcement vehicles now have dashboard cameras. This means that an individual’s performance during these tests can be filed and used in court.
It is important to be aware that although an individual has the right to refuse questioning or testing, it does not mean that the officer cannot arrest them. If an individual is arrested, they will be asked to submit to a breathalyzer test.
An individual may also be asked to submit to other types of chemical testing, such as urine or blood samples. These chemical tests check an individual’s blood alcohol level (BAC).
A BAC of 0.08% or higher is considered to be driving under the influence of alcohol. While Florida law provides that the breathalyzer test is voluntary, refusing to take it may cause problems, such as an automatic suspension of an individual’s driver’s license under Florida’s implied consent law.
When Are Police Supposed to Measure BAC?
In DUI cases, prosecutors must show that the defendant’s blood alcohol content was above the legal limit at the time they were driving. It is important to be aware that unless the individual submits to the breathalyzer test at the time they are pulled over, there will be a delay between the time the individual was driving and the time the testing was conducted.
Law enforcement officers are required to test individuals within a reasonable time after pulling them over. What is considered to be a reasonable time depends on the particular case as well as the type of test that is conducted.
Do I Need a Lawyer After a DUI Stop in Florida?
If you have any issues, questions, or concerns related to DUI stops in Florida, it is in your best interests to consult with a Florida DUI/DWI lawyer. This is especially true if you are facing DUI charges of any kind.
Your lawyer can help you maneuver the legal system and advise you on the best steps to take. Your attorney can also advise you on what to do during or after an arrest, prepare a defense for you, and negotiate with the prosecution to obtain a good deal on your behalf.
