Sobriety checkpoints or DUI checkpoints are legal in Florida and is one of the most common police traffic stops set up to keep a check on drunk driving in the state. The locations are randomly selected while the frequency of checkpoints is much higher during the holiday season and long weekends. As many as 1 in 10 DUI related deaths can be prevented by sobriety checkpoints according to the Center for Disease Control and Prevention (CDC).
Police must have probable cause
For the most part, sobriety checkpoints create a fine line between legitimate public safety and imposing on a citizen’s Fourth Amendment protection against unreasonable search and seizure. Therefore, it is considered illegal in 11 states although Florida is not one of them. Many drivers are confused about their rights at sobriety checkpoints. This is why you may want to open this window and find yourself a reliable Florida DUI legal representative.
However, according to Orlando, FL DUI lawyers it is important for them to remember that police officers must have a probable cause for a traffic stop as mandated by the constitution. Police are also required to follow the guidelines of the National Highway Safety Transportation Board at sobriety checkpoints. One of these guidelines is that the public must be notified of the checkpoints ahead of their schedule.
Procedure at a checkpoint
According to Orlando DUI attorneys, at a DUI checkpoint you will be asked for your license, registration, and proof of insurance by investigating officers. In an attempt to assess your sobriety the officers are likely to ask you questions and sobriety tests if they suspect that you are driving under the influence. You have the right to refuse a breathalyzer test.
However, this is likely to lead to your arrest following which you will required by law to submit to a blood alcohol test. If your BAC or blood alcohol content is higher than the legal limit of .08%, the police will charge you with a DUI. On the other hand, refusal to submit to a breathalyzer or blood test will result in the automatic suspension of your driver’s license for one year.
‘No refusal’ checkpoints
Florida DUI lawyers also reiterate that fact that the state also employs “no refusal” sobriety checkpoints in some areas. At these checkpoints, the police have the authority to take a blood sample immediately if a driver refuses a breathalyzer test.
A judge usually accompanies the officers and will issue a warrant for a blood test on the spot. Several Orlando, Florida DUI lawyers advise their clients not to submit to a breathalyzer or roadside test. However, even if you have and failed the test, there are still chances of fighting your DUI.
Lawyers challenge the accuracy of breathlayzers
Several breathalyzer machines used to measure BAC in Florida have proved to be inaccurate. This includes the Intoxilzer 5000 and the Intoxilzer 8000 of which many Orlando defense lawyers have challenged the accuracy of the tests. In addition, machines like the Intoxilzer is based on inference and does not actually test the blood but instead testing breath and correlating it to blood.
A fantastic and sagacious DUI lawyer can always challenge the accuracy of the machine in court and have any evidence to prove your BAC dismissed. However, this requires the early intervention of a lawyer so don’t delay the process of finding one. Believe this search will take hours? It is more like minutes using this site: https://usattorneys.com/.