As a Florida Drunk Driving Defense Attorney, I Help Drivers Understand and Challenge DUI Checkpoint Arrests Across Florida.
If you were stopped at a DUI checkpoint in Florida and ended up in handcuffs, you probably feel confused, frustrated, and unsure about your rights. One of the most common questions I hear is, "Are DUI checkpoints even legal here?" The short answer is yes, but that doesn't mean every checkpoint is legal or every arrest made at one is valid. I've defended people across Florida who were wrongly arrested at DUI checkpoints due to flawed police procedures or unconstitutional stops.
Florida law allows police to conduct DUI checkpoints, but officers must follow strict rules when setting them up and stopping drivers. Any failure to comply with those rules could make the stop unlawful and the evidence against you inadmissible.
As a private Florida drunk driving defense attorney, I can challenge the legality of the checkpoint, the stop, the arrest, or the evidence itself. And in many cases, that leads to a reduced charge or even dismissal.
WHAT FLORIDA LAW SAYS ABOUT DUI CHECKPOINTS
Florida has no specific statute that creates DUI checkpoints. Instead, their legality is based on U.S. Supreme Court and Florida court decisions, which say that these checkpoints can exist if conducted under certain guidelines. The Florida Highway Patrol and local police departments follow procedures created under both federal constitutional standards and state-specific legal requirements.
One key Florida case is Campbell v. State, 679 So. 2d 1168 (Fla. 1996), where the Florida Supreme Court said DUI checkpoints are valid if agencies follow strict advance planning and neutral criteria.
Additionally, the Florida Department of Highway Safety and Motor Vehicles has issued rules that agencies must follow. These include:
- Publicizing the checkpoint in advance
- Having a supervisor design the operational plan
- Using neutral, random selection (like every third car)
- Recording all activity and results
- Ensuring minimal intrusion for drivers who are not impaired
If any of these steps are skipped or poorly executed, the legality of the checkpoint itself can be called into question.
WHAT HAPPENS AT A DUI CHECKPOINT IN FLORIDA
At a checkpoint, officers stop vehicles in a predetermined sequence and briefly detain drivers to check for signs of impairment. You might be asked questions like whether you've been drinking or where you're going. Officers often shine a flashlight into the vehicle, ask for your license and registration, and observe your behavior, speech, and scent.
If an officer suspects you are impaired, they may ask you to pull over for further screening, which can include:
- Field sobriety tests
- A portable breathalyzer
- Questions about alcohol or drug use
- A search of your vehicle (only with probable cause or consent)
But if the checkpoint wasn't properly authorized or the stop was made arbitrarily, that entire interaction can be challenged.
COMMON DEFENSES TO DUI CHECKPOINT ARRESTS
If you're facing charges from a DUI checkpoint arrest, here are some of the most effective defenses that I use to fight back:
1. Illegal or Unconstitutional Checkpoint Procedures
If the checkpoint was not conducted according to the legal rules, I can file a motion to suppress all evidence obtained during the stop. For example, if there was no written plan or if officers deviated from the plan mid-operation, that could be grounds to dismiss.
2. No Probable Cause for Further Detention
Even if the checkpoint was valid, officers still need reasonable suspicion to conduct field sobriety tests or ask you to step out. If that suspicion wasn't based on clear signs of impairment, I can challenge the legality of the arrest.
3. Faulty Field Sobriety Testing
These tests can be subjective and are often misapplied. Poor lighting, uneven pavement, and your medical history can all affect the results, and officers frequently ignore these factors.
4. Breath or Blood Test Issues
If the breathalyzer wasn't properly calibrated or the operator wasn't certified, the results may be thrown out. Blood draws must also follow strict protocols to be admissible.
5. Lack of Evidence
In some cases, prosecutors move forward with little more than vague officer observations and a questionable breath test. I've had many checkpoint cases dismissed simply because the evidence was weak and didn't meet the burden of proof.
A REAL DUI CHECKPOINT CASE I HANDLED AND WON
A client was stopped at a checkpoint in Central Florida after leaving a local sports bar. He was tired, his speech was slightly slurred, and he admitted to having "one beer." Officers made him step out, perform field tests, and arrested him for DUI. He blew a 0.07 at the station, just below the legal limit.
When I got involved, I immediately reviewed the checkpoint plan. The agency failed to publish notice in the local paper and had no written supervisor plan. I filed a motion to suppress based on the unconstitutional checkpoint structure. The judge ruled the entire stop unlawful. The charge was dismissed, and my client kept his license and clean record.
Had he used a public defender or pleaded out early, he would have had a criminal conviction and a suspended license. A private attorney can spot and act on the details that others overlook.
WHY HIRING A PRIVATE DUI DEFENSE LAWYER MATTERS
DUI checkpoint cases aren't just about what happened at the roadblock. They're about what the government failed to do before setting it up. The burden is on law enforcement to prove they followed every rule. You need someone who will scrutinize every step of that process.
I've handled dozens of checkpoint cases across Florida. I know how to get the checkpoint records, analyze the timeline, and question the officers involved. Without a seasoned private defense attorney, you're more likely to miss the opportunities that can get your case dismissed.
Even if the checkpoint was valid, I can often challenge the field sobriety test, breath test results, or argue for a reduced charge like reckless driving. There is almost always a way to fight for a better outcome.
ADDITIONAL RELEVANT FLORIDA STATUTES TO KNOW
Florida Statute §316.193 – DUI
"(1) A person is guilty of the offense of driving under the influence… if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages… to the extent that the person's normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath."
Florida Statute §901.151 – Florida Stop and Frisk Law
Requires officers to have reasonable suspicion before detaining someone for investigation. This applies even during a DUI checkpoint if they pull you over for more than the initial brief encounter.
These statutes, combined with case law, shape the rules of the road during DUI checkpoint cases. And they give me the legal tools to fight your charge from every angle.
FLORIDA DRUNK DRIVING DEFENSE ATTORNEY – FAQs ABOUT DUI CHECKPOINTS
Can I legally avoid a DUI checkpoint in Florida if I see it ahead of time?
Yes, as long as you obey all traffic laws while turning around. Law enforcement cannot detain you simply for avoiding a checkpoint unless they observe a separate traffic violation. However, police often watch for drivers who make illegal U-turns or abrupt maneuvers, so be careful.
Do police have to tell the public about upcoming DUI checkpoints?
Yes. One of the requirements under Florida law is that law enforcement must provide advance notice of checkpoint operations. This is usually done through media outlets, websites, or public bulletins. If they fail to provide that notice, the checkpoint may be deemed illegal.
What should I do if I'm stopped at a checkpoint?
Remain calm. Provide your license, registration, and insurance. You do not have to answer questions about where you were or whether you've been drinking. Politely decline field sobriety tests and do not consent to a search of your vehicle. Call a private DUI defense attorney as soon as you're able.
Can I refuse a breath test at a checkpoint?
Florida's implied consent law (§316.1932) means that refusing a breath test can lead to automatic license suspension and may be used against you in court. However, the test must be requested lawfully. If the officer didn't have reasonable suspicion to escalate the stop, your refusal may not be punishable.
Is a checkpoint DUI a criminal charge in Florida?
Yes. A first offense is usually a misdemeanor, but it carries serious consequences like fines, license suspension, probation, DUI school, and potentially jail time. Multiple offenses or aggravating factors can result in felony charges. That's why fighting back with a private attorney is so important.
Can a checkpoint DUI be removed from my record?
DUI convictions are not eligible for sealing or expungement in Florida. That makes it critical to prevent the conviction in the first place. If I can get the case reduced to a reckless driving or dismissed entirely, we may then explore sealing options.
How long does it take to fight a DUI checkpoint case?
Every case is different. Some can be resolved in a few weeks with a dismissal or reduced charge; others may take several months. My job is to move quickly while protecting your rights and challenging every piece of the prosecution's evidence.
FLORIDA DRUNK DRIVING DEFENSE ATTORNEY – CALL TO ACTION
If you were arrested at a DUI checkpoint anywhere in Florida, do not plead guilty or rely on vague advice. You need a Florida Drunk Driving Defense Attorney who understands how to challenge checkpoint legality, test results, and police conduct.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
Let's take action today. I'll help you understand what happened, what the law says, and what we can do to protect your future.