DUI Sobriety Checkpoints
Sobriety checkpoints are temporary locations erected by law enforcement to identify drivers displaying even the slightest sign of intoxication and impairment. The checkpoints, or roadblocks, are heavily staffed with law enforcement officers who randomly stop vehicles and conducting warrantless searches.
DUI checkpoints were initially designed to increase roadway safety by catching intoxicated drivers and removing them from the road. However, they have gradually evolved into a witch hunt of sorts by essentially harassing nearly every driver attempting to pass through.
If you have been arrested at a DUI checkpoint, you are at risk of losing your driver's license and possibly your freedom. DUI offenses are a serious matter. The sooner you acquire an experienced Miami DUI criminal defense attorney, the better.
Miami DUI Checkpoint Attorney
If you were arrested at a DUI sobriety checkpoint in Miami-Dade County, Florida, your arrest may have infringed upon your constitutional rights. DUI convictions can be very costly and could negatively alter the remainder of your life. It would be prudent of you to seek counsel from an effective Miami criminal defense attorney to help preserve your case.
Attorney Hoffman of The Hoffman Firm has experience representing clients arrested at DUI checkpoints and DUI roadblocks erected by law enforcement. With offices located in both Miami and North Miami, The Hoffman Firm has successfully litigated DUI cases in Aventura, Doral, Coral Gables, Miami Beach, South Miami, and Miami-Dade County at large.
At The Hoffman Firm we believe no case is too big or too small and we have represented clients faced with allegations of Driving Under the Influence of Drugs, DUI causing serious bodily injury, DUI with property damage, and first time DUI offenders.
Contact us at (305) 249-0090 or submit an online form contact form to receive your free legal consultation and to have your legal matter reviewed by a superb Miami-Dade criminal defense attorney.
What to Expect at a Miami Sobriety Checkpoint
Upon approaching a DUI checkpoint there will usually be cones, vibrant lights illuminating from police vehicles, as well as signs and law enforcement officers ushering in cars through the checkpoint.
During the sobriety stop, an officer will approach the car, instruct the driver to roll down the window, and ask to see a valid driver's license and his or her proof of insurance. Upon viewing the requested documents, the law enforcement officer will casually question the driver and make observations in an attempt to acquire incriminating evidence.
During this forced interaction with the driver, the law enforcement officer is looking for signs of impairment that will give rise to enough probable cause to make a lawful DUI arrest. This can be accomplished by the officer noticing bloodshot or glazed eyes, the smell of alcohol emitting from the driver's breath, or the driver exhibiting slowed or slurred speech.
If the officer believes the driver has shown signs of intoxication, he or she will ask request the driver to step outside of their vehicle, conduct an HGN (horizontal gaze nystagmus) Test, and perform an FST (field sobriety test) to help prove the driver's impairment.
What Happens if I Fail the Field Sobriety Tests in Florida?
In the event a driver fails the FSTs (field sobriety tests), the testing officer will further detain the driver for suspicion of DUI, formally known as "driving under the influence".
Once the driver is detained, a chemical test is performed as authorized by Florida Statute 316.1932. Typically, the chemical testing takes place by the driver supplying a breath sample which is analyzed by the Intoxilyzer 8000. It has become the norm for these devices to be readily available inside a mobile breath alcohol testing vehicle, or "BAT Mobile".
If the driver's BAC, blood alcohol content, is found to be 0.08 or above, the driver will be held at the checkpoint with other detainees until they are transferred to a jail for processing, and driver's vehicle will then be impounded.
What are the Penalties for a First DUI Conviction?
DUI with BAC of 0.08 or Above:
- Up to six (6) months in Jail,
- Up to a $1,000 fine,
- Ignition Interlock installed for a minimum of six (6) months,
- Mandatory completion of 50 hours of community service,
- Vehicle impounded, and
- Probation up to one (1) year
DUI with BAC of 0.15 or Higher - Minor in the Vehicle:
- Up to nine (9) months in Jail,
- Up to $2,000 fine,
- Ignition interlock device for minimum of two (2) years,
- Mandatory completion of Substance Abuse Course,
- Mandatory Psychosocial Evaluation,
- Probation up to one (1) year, and
- Mandatory Monthly Reporting
Miami-Dade County DUI Checkpoint Resources
Governors Highway Safety Association: DUI Checkpoint Laws – Visit this website for more information regarding statewide DUI checkpoint regulations, the multiple ways GHSA promotes traffic safety and the development of enhanced traffic regulations.
Miami-Dade Police Department – Visit this website to learn more about the DUI prevention methods the Miami-Dade Police Department utilizes, including, DUI checkpoints, DUI roadblocks, field sobriety tests, chemical tests, and zero tolerance.
Miami-Dade Police Department
9105 NW 25 Street
Doral, FL 33172
Miami-Dade DUI Roadblock Defense Attorney
If you were arrested at a DUI roadblock or checkpoint in Miami-Dade County, Florida, the arrest may have been illegal by infringing on your constitutional rights. DUI convictions are not only costly, they could negatively alter the remainder of your life by resulting in a permanent conviction on your record.
In addition, a DUI conviction could also result in your driver's license suspended and possibly cause you to serve an extensive amount of time imprisoned. This is why it is in your best interest to seek counsel from an effective Miami criminal defense attorney to help preserve your case.
Attorney Hoffman of The Hoffman Firm has experience representing clients arrested at DUI checkpoints and DUI roadblocks erected by law enforcement. With offices located in both Miami and North Miami, The Hoffman Firm has assisted …in Aventura, Doral, Coral Gables, Miami Beach, South Miami, and Miami-Dade County at large.
Contact The Hoffman Firm at (305) 249-0090 or submit an online contact form to receive your free legal consultation and to have your legal matter reviewed by a superb Miami-Dade criminal defense attorney.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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