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DUI Checkpoints – Florida DUI Law

The Fourth Amendment of the U.S. Constitution requires that police have probable cause before stopping and searching a vehicle. Probable cause means that the police have specific evidence indicating a violation of the law has occurred before stopping and searching a vehicle. However, DUI checkpoints are an exception to this rule. Florida courts have ruled that stops at DUI checkpoints are valid, despite lacking probable cause.

During DUI checkpoints, law enforcement will typically set up a roadblock to stop vehicles late at night and search for evidence of drunk driving. There are typically 15 to 20 DUI checkpoints in Florida each month. Police will not need to establish probable cause to stop a driver and question him for DUI if the driver is stopped at a DUI checkpoint. Florida courts have ruled that stops at DUI checkpoints are valid despite lacking probable cause. However, police must follow specific rules when setting up DUI checkpoints. The stop must be part of a systemized routine – it cannot not be an isolated instance where police have a hunch that you are driving drunk and decide to stop your vehicle. Law enforcement must follow the prewritten guidelines that mandate the procedures for operating DUI checkpoints. If a DUI checkpoint did not strictly adhere to these guidelines, an arrest at the checkpoint may be deemed unconstitutional and the charges dropped.

How a Tampa DUI Attorney Can Help

If the police did not have probable cause to stop your car, or the DUI checkpoint was invalid, your DUI charges may get dismissed. If you were arrested for DUI you should contact us to speak with a Tampa DUI attorney. Our Tampa DUI lawyers have years of experience challenging illegal vehicle stops and DUI checkpoints. We will carefully scrutinize every detail of your case to identify any potential violations of your constitutional rights. Violations during the initial stop is just one of the many tools we can use to get DUI charges dismissed. There are numerous grounds other than the traffic stop that can lead to a dismissal. If you have been arrested for DUI, contact us to schedule a free, confidential consultation to see if we can help get your DUI charges dropped.



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