The holiday season is a time for fun, family, and in some cases, DUI checkpoints. Law enforcement often chooses to set up DUI checkpoints around holidays such as Memorial Day, Fourth of July, and Labor day, although police can set up checkpoints at any time of the year.
So, what do you do if you find yourself at a DUI checkpoint?
It’s important to know your rights. Use this guide to understand what you are legally required to do and what you can refuse if stopped at a DUI checkpoint in Florida or anywhere else in the country.
What Is a DUI Checkpoint?
A DUI checkpoint is a roadblock set up by law enforcement for the purpose of stopping vehicles and checking to see if drivers are impaired by drugs or alcohol. At a DUI checkpoint, officers may stop to question every vehicle or stop vehicles on a pattern (such as every two or three vehicles). DUI checkpoints are also known as sobriety checkpoints or roadside safety checkpoints.
Are DUI Checkpoints Legal in Florida?
Yes, DUI checkpoints are legal in Florida and throughout the country, but they most follow specific rules and regulations.
- Law enforcement must notify the public of upcoming DUI checkpoints.
- Officers cannot stop vehicles at random. They must employ a specific stopping pattern.
- Checkpoints must be safely constructed with proper lighting and signage.
- A check should be conducted briefly unless impairment is observed.
What To Do At a DUI Checkpoint
If you drive up to a DUI checkpoint in Florida, you are legally required to stop if an officer signals you. If you notice the DUI checkpoint from a distance, you are legally allowed to turn around if you can do so while adhering to traffic patterns and driving laws.
If you are stopped at a DUI checkpoint:
- Stay calm, keep your comments to a minimum, and know your rights.
- Present your driver’s license, registration, and insurance.
- If an officer requests a vehicle search, you can refuse.
- If an officer asks you to step out of the vehicle, you must comply.
- If an officer requests a field sobriety test, you can refuse.
- If an officer requests a breathalyzer or blood alcohol test, you can refuse, but it may have consequences including a license suspension.
- If an officer places you under arrest, do not resist. Do not answer further questions. Ask for an attorney right away.
Related: Stopped and Arrested for a DUI in Florida? Here’s What to Do Next
Do You Have to Stop at a DUI Checkpoint?
If you drive up to a DUI checkpoint, you are legally required to stop if directed by an officer. It is illegal to drive through a checkpoint without stopping once an officer advises you to do so.
Related: What To Do If You Get Pulled Over By the Police
Can You Turn Around at a DUI Checkpoint?
Yes, you can turn around ahead of a DUI checkpoint if you see a checkpoint in the distance and are able to safely turn around following traffic patterns and driving laws. For example, you may be able to make a legal U-turn, turn onto a side street, or turn around in a parking lot if it is legal and safe.
Turning around ahead of a DUI checkpoint does not give officers cause to pull you over, but they do have the right to pursue you and potentially pull you over if they observe any traffic violations.
If you are close to a DUI checkpoint and an officer has already advised you to stop, you cannot turn around. You must stop.
Related: What to Expect From a First Offense DUI
Do You Have to Answer Questions at a DUI Checkpoint?
No, you do not have to answer officer questions at a DUI checkpoint. You are required to stop and show your license, registration, and insurance, but you are not required to answer questions about where you’ve been or whether you’ve been drinking. Politely decline by saying something like, “I prefer not to answer.” What you say during the encounter can be used as evidence against you.
Do You Have to Show ID at a DUI Checkpoint?
Yes, you must show your ID, along with your car registration and insurance, if stopped by an officer at a DUI checkpoint. You do not have to answer officer questions, but you must show documentation when it is requested.
Get DUI Advice and Support
DUI laws, rules, and regulations are complex and complicated. Never navigate the DUI system on your own. Get expert legal advice so you know your rights and the best way to navigate a DUI case.
For more information, please visit our DUI Resource Center. Or call 813-226-1023 today to talk to experienced DUI attorney TJ Grimaldi. Get the help you need and deserve. Contact us today.
