DUI Checkpoints


Florida DUI law is complex and always changing, and the law that affects DUI checkpoints is no exception. Florida law requires that notice of the checkpoint must be publicly given in advance, and that the notice must disclose where and when the roadblock will occur.

The law also requires officers to stop vehicles in a select manner — not just to target people because they look like they were drinking or because they are a certain race, gender or age.

In many cases, a special Breath Testing Center is set up next to the roadblock and a drug recognition expert is present at the scene to help identify people who are driving under the influence of marijuana or other drugs.

If you are stopped at a Florida DUI checkpoint, the consequences of DUI can be serious:

  • Jail time
  • Probation
  • Community service
  • Installation of an Intoxilyzer on your car
  • Suspension of your driver's license
  • Fines, court costs and fees

But there is hope. There's a big difference between an arrest and a conviction, and a lot can be done to protect your interests.

At the Orlando law firm of Private Counsel, LLC, we often hear from people who wonder about whether their rights were violated at a roadblock and what they can do about them.

Was the police officer rude, unprofessional or a liar? It's true. The police don't always treat you fairly. They don't always follow the law and they don't always do everything correctly. But when the police break the law to collect or fail to collect evidence, take a statement or make an arrest, we attempt to hold them accountable when in court. We fight to keep illegally collected evidence out of court so that it cannot be used against you. Sometimes, evidence (which could be your field testing performance, alcohol in the vehicle and even your breath test) is suppressed (or removed) for a variety of reasons, and "no evidence" means that prosecutors will usually drop the charges against you.

Do you wonder if the police officer broke the law? Sometimes, people who were arrested never had their Miranda rights read. If you never heard the officer tell you those words you know so well from TV — that anything you say can and will be used against you in a court of law — that may mean that statements you made can be kept out of court. Each case is unique, so it's important to go over the facts of your case with the lawyers at Private Counsel, LLC, to see if this situation applies to your specific case.

Contact Private Counsel, LLC, About Your Rights at Drunk Driving Checkpoints

To get started on your case, call us at 407-965-1190. You may also contact us online to schedule a free and confidential consultation with an attorney about a DUI roadblock.