DUI Roadblock/Checkpoint

DUI Roadblock/Checkpoint
You're driving home in the dark when you see flashing red and blue lights and law enforcement officers in full police uniform directing traffic. You might notice that some vehicles are stopped by law enforcement officers while other vehicles are directed to keep driving. You may have entered a DUI roadblock, or sobriety checkpoint. DUI roadblocks are common during the holiday season, especially in areas near restaurants and bars where alcohol is served. During a DUI roadblock, law enforcement officers detain a random selection of drivers to investigate whether the drivers are impaired by drugs or alcohol. Simply put, DUI roadblocks, or sobriety checkpoints, are a tool used by police to catch drunk drivers.

Guidelines for DUI Roadblocks/Checkpoints
If you were charged with DUI after law enforcement stopped you at a roadblock, you should contact a qualified DUI lawyer in Jacksonville to investigate your case. The Florida Supreme Court has held that DUI checkpoints are legal, noting that the public harm of a brief intrusion by law enforcement is outweighed by the good of detecting impaired drivers. See State v. Jones, 483 So. 2d 433 (Fla. 1986). However, the Court established stern guidelines for law enforcement during the execution of roadblocks. These guidelines are designed to limit the intrusion of law enforcement into the liberties of Florida drivers. The experienced DUI attorneys at Musca Law will investigate your case to determine whether law enforcement properly followed DUI checkpoint laws and guidelines. If law enforcement failed to follow DUI checkpoint protocol, your charges may be dropped by the State.

First, law enforcement generally must publish public announcements regarding the date, time and location of sobriety roadblocks. Your attorney can seek evidence to determine whether law enforcement properly announced the roadblock. If your attorney challenges the legality of the roadblock, the State must put forth evidence to prove the roadblock was legal.

Secondly, law enforcement must ensure that the DUI checkpoint is easily identifiable to drivers. Generally, law enforcement must post lighted signs letting drivers know that a DUI roadblock is ahead. In most cases, the signs are located far enough from the start of the roadblock to allow drivers to take an alternate route to avoid participating in the roadblock.

Additionally, law enforcement must prepare a written report of DUI roadblock schedules and detention techniques. The report must include how law enforcement will randomly select vehicles to be stopped for the roadblock. For example, law enforcement may designate every third vehicle to pass through the roadblock. The courts strictly limit the discretion of law enforcement officers during DUI roadblocks. Each law enforcement officer present at the roadblock should be assigned a specific duty as outlined in the written report. Generally, law enforcement may not significantly divert from these written guidelines. An experienced defense attorney will advocate for your rights and obtain a copy of your local law enforcement's DUI roadblock report.

Finally, law enforcement must minimize the degree of intrusion to drivers. This means that throughout the checkpoint, officers must keep traffic moving at a reasonable pace and individual detention of drivers must be limited to the manner described in the written plan. Again, the experienced DUI attorneys at Musca Law will investigate whether law enforcement properly conducted the DUI roadblock in your case. Time is important, and you should contact a criminal defense attorney immediately to begin reviewing your case.

Hire an Experienced Florida DUI Attorney
In Florida, many DUI roadblocks/checkpoints are conducted improperly by law enforcement -- violating your rights. An experienced DUI attorney will investigate the DUI roadblock in your case and provide you with the best chance of reducing your charges or completely avoiding a conviction. For more information on DUI roadblocks in Florida, or if you were arrested for DUI after being detained at a roadblock, please schedule a free, confidential consultation with an experienced Musca Law criminal defense attorney. Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).