Our Florida DUI Defense Lawyer Explains Your Rights, the Laws, and How to Fight the Charges
As a Florida DUI Defense Lawyer, one of the most common questions I get from clients is whether DUI checkpoints are legal in Florida—and if so, what rights they have when stopped. These roadside sobriety checkpoints are typically set up during holidays or weekends when law enforcement expects a higher rate of impaired drivers. However, just because you've been stopped doesn't mean you're guilty, or that the process used by police was lawful.
If you've been arrested at a DUI checkpoint, it's critical to understand that many of these cases can be challenged. I've handled countless DUI cases across Florida, and checkpoint stops are some of the most defensible because of the constitutional requirements that law enforcement must follow.
Florida Law on DUI Checkpoints and What the Statute Says
Florida permits DUI sobriety checkpoints under certain constitutional safeguards. These checkpoints must comply with both federal and state legal standards, including the Fourth Amendment and Article I, Section 12 of the Florida Constitution.
Under Florida Statutes § 316.193:
"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...
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood..."
Checkpoint arrests often arise under this statute. However, the legality of the stop itself can be challenged independently of your BAC or behavior.
How Checkpoints Are Supposed to Be Run in Florida
Law enforcement agencies in Florida must follow strict rules when setting up a DUI checkpoint. These include:
- A written operational plan approved by supervising officers
- Neutral criteria for stopping vehicles (e.g., every 3rd or every 5th car)
- Clearly marked signage and law enforcement presence
- Public notice of the checkpoint's location and time
- Limited discretion of officers at the scene
If any of these requirements were not followed, we may be able to get your charges reduced—or even dismissed altogether.
Why You Need a Private Attorney if You Were Arrested at a DUI Checkpoint
When you're arrested at a DUI checkpoint, you're already at a disadvantage. Many people assume there's no way out. That's simply not true. An experienced Florida DUI Defense Lawyer can review the legality of the stop, how the field sobriety tests were administered, and whether your rights were violated during the arrest.
Having a private lawyer means you have someone dedicated solely to your defense—not a court-appointed attorney juggling dozens of cases. I have the time, resources, and trial experience to scrutinize every aspect of your checkpoint stop. Our goal isn't just damage control—it's winning.
Real Case Example: Improper DUI Checkpoint Procedure Leads to Dismissal
One of my clients was pulled over at a DUI checkpoint in Broward County. The officers failed to follow their own internal guidelines—they hadn't filed a written plan or publicized the checkpoint in advance. The stop resulted in a breath test of 0.11.
We filed a motion to suppress all evidence based on an unconstitutional checkpoint procedure. At the suppression hearing, we exposed the police department's failure to follow legal protocol. The judge granted our motion, and all charges were dismissed.
This isn't a one-off. These procedural failures happen more often than you think—and they're exactly why you need a private defense attorney on your side.
Common Defenses in DUI Checkpoint Cases
If you're arrested at a DUI checkpoint, it doesn't automatically mean you're guilty. We can fight back using several legal defenses:
1. Illegal Checkpoint Setup:
If the checkpoint wasn't established according to Florida and federal constitutional guidelines, we may be able to suppress all evidence.
2. No Probable Cause for Further Detention:
Even at a checkpoint, officers must have individualized suspicion to detain you for field sobriety tests or a breathalyzer.
3. Improperly Conducted Field Sobriety Tests:
Many officers administer these tests incorrectly or rely on subjective observations. We can challenge both.
4. Faulty Breathalyzer Results:
Was the machine calibrated? Was it operated correctly? These questions often reveal major flaws in the case.
5. Violation of Your Right to Counsel or Silence:
Anything you said or did may be suppressed if your constitutional rights were violated during the stop or questioning.
When you hire me, I examine every angle to build your defense. These are not cookie-cutter cases. They're winnable if handled correctly.
Penalties for a DUI Conviction in Florida
The penalties for a DUI in Florida are serious, especially if you have prior offenses or if the case involved a high BAC. According to § 316.193, the penalties for a first DUI conviction can include:
- Fines between $500 and $1,000
- Up to 6 months in jail
- License suspension up to one year
- Mandatory DUI school
- Probation
- Installation of an ignition interlock device
These penalties increase with each subsequent DUI conviction, and there are enhancements for high BACs, minor passengers, or crashes causing property damage or injury.
Hiring a private Florida DUI Defense Lawyer gives you the best chance at avoiding the harshest penalties. Many of our clients walk away with reduced charges, minimum penalties, or a full dismissal. That's our goal in every case.
How a Florida DUI Defense Lawyer Challenges Checkpoint Arrests
When I take on a DUI checkpoint case, here's what I immediately do:
- Request all checkpoint setup documentation from law enforcement
- Review dashcam and bodycam footage
- Analyze field sobriety test procedures
- Examine breath or blood test results and machine maintenance logs
- File suppression motions where constitutional violations exist
- Prepare for trial with detailed witness examination and expert testimony if needed
This level of aggressive defense just isn't available to you with a public defender or if you try to go it alone. You only get one shot at fighting the charge—don't waste it.
Why You Shouldn't Plead Guilty Without Speaking to Me First
Prosecutors want quick plea deals. You may be tempted to take one, especially if you think the case is hopeless. But I've had too many clients come to me later with regrets—losing their license, job opportunities, or even immigration status because of a DUI conviction.
When you work with a private Florida DUI Defense Lawyer like me, I can often negotiate for a lesser charge like reckless driving, or even get a pre-trial diversion program depending on the circumstances. But that only happens when you have someone fighting for you from day one.
Florida Statutes That May Apply to DUI Checkpoints
In addition to § 316.193 (DUI statute), other laws may be relevant:
- Florida Constitution Article I, Section 12: Parallel to the Fourth Amendment, governing unlawful searches and seizures
- § 901.151 – Florida Stop and Frisk Law: Governs temporary detentions and requires reasonable suspicion
- § 322.2616 – Suspension for BAC Under 21: Applies to underage drivers
- § 322.2615 – Administrative Suspension for Refusing Breath/Blood Test
Each of these statutes may provide grounds for a defense. That's why it's important to hire an attorney who understands how they work together in DUI checkpoint cases.
Florida DUI Defense FAQs – Know Your Rights at Checkpoints
What should I do if I see a DUI checkpoint up ahead?
If you spot a checkpoint in the distance and can legally turn around before reaching it, you have the right to do so. However, make sure any maneuver you make is lawful. Illegal U-turns or evasive actions can give officers probable cause to stop you.
Can I refuse field sobriety tests at a checkpoint?
Yes, you can. In Florida, you are not legally required to perform field sobriety tests. These tests are voluntary, and officers often fail to mention that. Politely refusing can prevent the state from gathering more evidence against you.
What happens if I refuse a breath test at a checkpoint?
Under Florida's implied consent law, refusing a breath test results in a one-year license suspension for a first refusal. That's separate from any criminal charge. However, if the breath test is flawed or improperly requested, that suspension may be contested.
Are DUI checkpoints even legal in Florida?
Yes, but only if officers follow very specific procedures. If those rules are broken, the checkpoint becomes unconstitutional. This is a common defense I use to get DUI charges thrown out.
Do police have to tell me where the checkpoint is ahead of time?
Law enforcement agencies are required to announce checkpoints in advance through media or public outlets. If they failed to do so, that could render the stop unlawful.
Can a checkpoint stop be challenged in court?
Absolutely. If the setup lacked a written plan, neutral stopping procedure, or public notice—or if you were stopped without justification—we can file a motion to suppress all evidence. Many DUI checkpoint arrests fall apart at this stage.
Will I lose my license automatically if I'm arrested at a checkpoint?
An arrest can lead to an administrative suspension by the Florida DHSMV, even before a court conviction. But you have only 10 days to request a formal review hearing to fight this. That's why you must speak with a Florida DUI Defense Lawyer immediately.
How long can the police detain me at a checkpoint?
Only as long as it takes for a brief inspection. If they extend the detention to perform sobriety tests, they must have reasonable suspicion that you're impaired. If they didn't, any extended detention can be challenged.
Can passengers be searched or questioned during a DUI checkpoint stop?
No, not without separate reasonable suspicion or probable cause. Passengers have rights, too. If anything was seized or questions were asked without justification, those actions can be challenged and possibly thrown out.
What are the chances of beating a DUI checkpoint charge?
Better than you think—especially when you hire a private DUI defense attorney. Many arrests made at checkpoints involve mistakes in procedure, faulty tests, or rights violations. These give us the leverage we need to fight for a dismissal or reduction.
Call a Florida DUI Defense Lawyer to Protect Your Record and Your Future
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 over 35 office locations throughout 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.
Don't let a checkpoint arrest define your future. You have rights—and we're ready to fight for them.