Understanding Your Rights and Defenses After a DUI Arrest in Florida
If you were arrested at a DUI checkpoint in Florida, I want you to understand something immediately: you're not alone, and you have options. As a Florida DUI attorney, I have handled countless cases involving sobriety checkpoints throughout the state. My role is to make sure the police followed the law, to challenge the evidence if they didn't, and to fight for the best possible outcome in your case. A DUI arrest does not automatically mean a DUI conviction. What you do next can make all the difference.
What Are Sobriety Checkpoints, and Are They Legal in Florida?
Sobriety checkpoints, also called DUI roadblocks, are temporary traffic stops where police stop vehicles to look for impaired drivers. Florida permits these checkpoints under both state and federal law, but they must be conducted in a very specific way. If the procedures are not followed precisely, any arrests made may be subject to challenge.
Under Florida Statute §316.193, driving under the influence is a criminal offense. The statute states:
"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, any chemical substance... to the extent that the person's normal faculties are impaired; or (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath."
However, the legality of the arrest often depends on how the checkpoint was conducted. The Florida Supreme Court requires that DUI checkpoints meet the following legal criteria:
- The checkpoint must be part of a written, approved plan.
- Vehicles must be stopped using a neutral formula (e.g., every third vehicle).
- Officers cannot stop drivers randomly or based on a hunch.
- The time and location of the checkpoint must be reasonable.
- Advance notice to the public is recommended, though not required.
As your attorney, one of the first things I do is demand the operational plan for the checkpoint. If the police deviate from the legal requirements, I can move to suppress any evidence obtained during the stop.
How a Private DUI Attorney Can Help After a Checkpoint Arrest
When you're arrested at a checkpoint, everything you say and do can be used against you. I work quickly to review police reports, dashcam footage, and breath test procedures. I look for procedural errors that can make the prosecution's case fall apart.
For example, in a case I handled in Broward County, my client was stopped at a holiday weekend checkpoint. Officers claimed he smelled of alcohol and had glassy eyes. He submitted to field sobriety tests, which the officer said he failed. I requested the video and compared it to the officer's report. The video showed that my client performed the tests reasonably well, and the officer exaggerated the results. I filed a motion to suppress based on unlawful detention and misrepresentation of evidence. The judge agreed, and the case was dismissed.
This is what a private attorney does. I don't just take the police at their word. I investigate. I question. I fight for you.
Defenses to a Florida DUI Arrest at a Checkpoint
A checkpoint arrest may seem open-and-shut to the police, but it rarely is. Here are some defenses that I regularly raise:
1. Illegal Checkpoint Procedures: If the police failed to follow the written guidelines, we can argue the entire stop was unconstitutional.
2. Lack of Reasonable Suspicion Beyond the Stop: Even if the stop itself was valid, the officer must still have reasonable suspicion to conduct a DUI investigation. Simply being nervous or tired is not enough.
3. Inaccurate Field Sobriety Tests: These tests are subjective and often misapplied. Weather, uneven pavement, medical conditions, and even footwear can affect results.
4. Faulty Breathalyzer or Blood Tests: Breath tests must follow strict maintenance and calibration rules. Under Florida Administrative Code 11D-8, failure to maintain the machine or improper administration of the test can render the result inadmissible.
5. Medical or Dietary Explanations: Acid reflux, diabetes, and certain diets (such as keto) can lead to false positives on breath tests.
As your defense attorney, I use these and other defenses to raise doubt and challenge the prosecutor's case at every opportunity.
Why You Should Not Face These Charges Alone
Public defenders are often overloaded and can't devote the time that a private attorney can. You need someone who can focus on your case, investigate every angle, and fight for a dismissal or reduction.
Remember, Florida DUI penalties are serious. Even for a first offense, you face:
- Up to 6 months in jail
- Up to 1 year of probation
- Fines from $500 to $1,000
- A 6 to 12-month license suspension
- Mandatory DUI school
Second and third offenses carry even harsher penalties, including mandatory jail and long-term license revocation.
I have helped clients avoid these penalties, keep their records clean, and move forward with their lives. I know how to challenge checkpoint arrests because I do it regularly.
Real Case Example: Checkpoint Arrest Dismissed Due to Unlawful Stop
A client came to me after being arrested at a DUI checkpoint in Hillsborough County. The police claimed to be stopping every fifth vehicle, but when I reviewed bodycam footage, I found that officers were waving through some drivers and stopping others arbitrarily. I obtained a copy of the written operational plan and found the checkpoint was not properly authorized under department policy.
I filed a motion to suppress based on the unconstitutional nature of the stop. After a hearing, the court granted the motion, ruling that the arrest violated the Fourth Amendment. The prosecutor dismissed all charges.
That result saved my client from a criminal conviction, thousands in fines, and the loss of his job. That's the difference a dedicated DUI attorney can make.
Final Thoughts
A checkpoint arrest can feel overwhelming, but the truth is that you may have more defenses than you think. Every step the police take needs to be reviewed, questioned, and held to the highest legal standard. As your DUI attorney, I am committed to doing just that.
If you or someone you love was arrested at a DUI checkpoint, don't wait. The sooner I can get involved, the better your chances of a favorable outcome.
FAQs: Florida DUI Arrests at Sobriety Checkpoints
What Happens at a DUI Checkpoint in Florida?
At a sobriety checkpoint, officers stop vehicles according to a predetermined pattern, such as every third car. They briefly speak to the driver and observe for signs of impairment, like slurred speech, alcohol odor, or bloodshot eyes. If they suspect impairment, they may ask you to step out for further testing. You do not have to answer questions beyond identifying yourself. If arrested, you have the right to remain silent and the right to speak with a Florida DUI attorney.
Can Police Search My Vehicle at a DUI Checkpoint?
No, not without probable cause. At a checkpoint, officers can look into your vehicle and observe what's in plain sight. However, they cannot search your car without your consent or a legitimate legal reason. If they claim to smell alcohol or see an open container, they may try to justify a search. As your Florida DUI attorney, I can challenge the legality of any search that leads to evidence used against you.
Do I Have to Perform Field Sobriety Tests at a Checkpoint?
No. Field sobriety tests are voluntary in Florida. Officers may not tell you that, but you have the right to refuse them. However, refusing may lead to your arrest if the officer claims other signs of impairment. Even so, refusing these tests prevents the police from gathering potentially biased evidence. Your Florida DUI attorney can argue that the officer lacked sufficient cause for arrest if the only evidence is your refusal.
Can I Refuse a Breath Test in Florida?
You can refuse, but Florida's implied consent law (Florida Statute §316.1932) allows the state to suspend your license for one year for a first refusal and 18 months for a second. That suspension is separate from any criminal penalties. However, the refusal can sometimes work in your favor in court, depending on the circumstances. An experienced Florida DUI attorney can fight to protect your driving privileges and challenge the refusal.
What Are the Penalties for a First-Time DUI Arrest at a Checkpoint?
For a first-time DUI in Florida, the penalties may include up to six months in jail, a fine between $500 and $1,000, driver's license suspension for six months to one year, and required completion of DUI school. If your BAC was 0.15 or higher or a minor was in the vehicle, enhanced penalties may apply. Your Florida DUI attorney can work to get charges reduced or dismissed, especially when your arrest occurred at a checkpoint where procedures were flawed.
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 30 office locations in Florida and serve all counties in Florida.