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DUI Checkpoints in Florida
Have You Been Arrested at a Checkpoint? Call Our Miami DUI Attorney.
Sobriety checkpoints are temporary locations established by law enforcement to identify drivers displaying even the slightest sign of intoxication and impairment. The checkpoints, or roadblocks, are heavily staffed with police officers who randomly stop vehicles and conduct 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 in Miami or Fort Lauderdale, you are at risk of losing your driver's license and possibly your freedom. The sooner you retain an experienced Miami DUI defense attorney, the better. Attorney Evan Hoffman of The Hoffman Firm has experience representing clients arrested at DUI checkpoints and DUI roadblocks.
What to Expect at a Miami Sobriety Checkpoint
Upon approaching a DUI checkpoint, there will usually be cones, vibrant lights from police vehicles, 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 to acquire incriminating evidence.
During this forced interaction with the driver, the law enforcement officer will be looking for signs of impairment that give enough probable cause to make a lawful DUI arrest.
Signs of impairment may include:
- Bloodshot or glazed eyes
- The smell of alcohol on the driver's breath
- Slowed or slurred speech
If the officer believes the driver has shown signs of intoxication, he or she will ask 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 the event a driver fails the FSTs, the testing officer will further detain the driver for suspicion of DUI.
Once the driver is detained, a chemical test will be performed as authorized by Florida Statute 316.1932. Typically, the chemical testing involves 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 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. The driver's vehicle will then be impounded.
Call Our Miami DUI Roadblock Defense Attorney
If you were arrested at a DUI roadblock or checkpoint, the arrest may have been illegal if the officer infringed on your constitutional rights. DUI convictions are not only costly, they could negatively affect your life by resulting in a permanent conviction on your record. A DUI conviction could also result in your driver's license being suspended.
At The Hoffman Firm, we are prepared to craft an airtight defense on your behalf to protect your rights, your freedom, and your driving privileges.
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Florida Former State ProsecutorAttorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
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