Everything You Need to Know About DUI Checkpoints
According to the United States Supreme Court, DUI checkpoints and roadblocks are legal so long as the police follow certain guidelines. In addition, SCOTUS ruled that individual states can decide for themselves whether DUI checkpoints are legal. Florida is among those states that have legalized DUI checkpoints if specific guidelines are followed. In this article, the Tallahassee DUI attorneys at Luke Newman, P.A. will discuss everything you need to know about DUI checkpoints.
What guidelines must police follow when setting up a DUI checkpoint?
- Before setting up a checkpoint, law enforcement must put all of these SCOTUS-mandated guidelines in writing.
- Before setting up a checkpoint, the police must tell the public in advance the date, time, and location of the proposed roadblock.
- Drivers must be given access to a place to turn around when they approach the checkpoint.
- Police are required to decide in advance what method they will use to choose which vehicles to stop. For example, the police could stop every third vehicle.
- Police cannot discriminate based on the appearance of the driver in the vehicle.
- Police must limit the amount of time the driver is detained.
- Police must post signs and lights at the site of the checkpoint.
Can I turn around at a DUI checkpoint?
Yes, but the better question is: can the police stop me if I pull over at a DUI checkpoint? The answer to this question is complicated. The police cannot pull you over solely for avoiding the DUI checkpoint, but, if they can determine a second reason to pull you over, that would be legal. So, the police would need to show evidence of a secondary crime to pull you over.
Police will likely have “chase cars” at DUI checkpoints. Their role is to go after individuals who attempt to avoid the checkpoint. They will be looking for a second traffic violation to justify the stop. For example, the police can say you made an illegal U-turn to avoid the checkpoint.
How should I navigate a DUI checkpoint?
Well, the best advice you’ll get is to not drive under the influence of drugs or alcohol. If you are under the influence, you can always call an Uber. That being said, you’ll want to ensure that all your legal bases are covered. This means making sure your seatbelt is buckled, you’re not talking or texting on your cell phone, and that your driver’s license, registration, and proof of insurance are all easy to access.
What should I do if I’ve been arrested for driving under the influence in Tallahassee?
If you’ve been arrested for driving under the influence in Tallahassee, you will need an experienced Tallahassee criminal lawyer. Here at Luke Newman, P.A., we have helped hundreds of Florida residents defend themselves against damaging charges. Our attorneys will fight for your rights and ensure that you have access to a strong defense. Call our office today to schedule an appointment, and we can begin preparing your case immediately.
