Law enforcement frequently rely on the following factors to establish probable cause of DUI:
-Weaving, drifting, or swerving
-Running a stop sign or red light
-Driving without headlights
-Failure to stay in a single lane
-Driving too slowly
The DUI Checkpoint Exception
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 Florida 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 in challenging illegal vehicle stops and DUI checkpoint arrests. We will carefully scrutinize every detail of your case to identify any potential violations of your constitutional rights. The initial stop is just one of the many tools we can use to have charges against our clients 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.