Driver Stopped at Checkpoint, Admits to Smoking Pot, Tests Positive for Marijuana


The Charges

A driver entered into a  DUI checkpoint. Officers noticed that the driver exhibited signs of intoxication. He failed field sobriety testing, was breath tested and blew .00%. Officers brought in a drug recognition expert who requested a urine test and determined the driver to be under the influence of marijuana. Officers arrested the Defendant for driving under the influence (DUI).

DUI Checkpoints in Florida

In Florida, DUI Checkpoints are legal, as the U.S. Supreme Court has ruled that they are in general cases. They do not violate any of your legal or constitutional rights.  Currently, there are a few states that do have a ban on DUI Checkpoints. 

DUI Checkpoints are often set up when there is going to be a lot of traffic with a reason to drink, such as on holidays. They may also be referred to as a sobriety checkpoint. 

If you see a DUI Checkpoint, you must stop for it. If a law enforcement officer selects your car when stopped, you will need to supply your driver’s license, vehicle registration, and insurance information. Anyone that fails to comply will most likely receive some sort of penalty.  

If you see a DUI Checkpoint and avoid it by turning around to go the other way, a law enforcement officer can pull you over.

Your Rights at a DUI Checkpoint

You do have rights when you are stopped at a DUI Checkpoint. These must be randomly done with an officer following all rules and regulations. An officer cannot, under any circumstances, target a specific vehicle or driver. For example, the officer’s rule for that day may be to pull over every fifth car in the lineup. He must obey this and cannot pull over someone who looks like he could be the “druggy” type. 

If the officer has reason to believe you have been drinking after pulling you over, he may ask you to perform a field sobriety test. You have a right to refuse, but if you do, the law enforcement officer may feel you are hiding something and ask for a breath test. If you refuse the breath test, you could face an additional penalty and have your driver’s license suspended.

Musca Law Firm Services 

If you have been selected at a DUI checkpoint and were found to be driving under the influence of drugs or alcohol, you will need legal representation. You cannot fight this alone. Musca Law Firm has provided expert advice to numerous clients who have found themselves in a similar situation as you are currently in. We would love to represent your case as well. Our firm will provide a strong defense for your case. Many times we are able to negotiate to lower your charges or have them completely dropped. Call us today at (888) 484-5057 for a free initial consultation with one of our experienced attorneys. 

RESULT: The Musca Law Defense Attorney filed a motion to suppress based on the constitutionality of the DUI checkpoint. In an effort to avoid an additional hearing, the State amended the charge resulting in NO DUI CONVICTION!