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A Guide To Your Rights At DUI Checkpoints In Florida


Did you pull up to a DUI checkpoint in Florida? Law enforcement agencies throughout the state periodically use roadside drunk driving checkpoints as a deterrence and enforcement tool. At The Baez Law Firm, we want to make sure that you know your rights and your responsibilities. Within this blog post, our Orlando drunk driving defense attorney provides a comprehensive guide to your rights at DUI checkpoints in Florida.

DUI Checkpoints: Defined 

Broadly explained, a DUI checkpoint is a designated location where law enforcement officers set up roadblocks to check drivers for signs of intoxication or impairment. At these checkpoints, drivers are stopped without suspicion to ensure they are complying with drunk driving laws.

Note: In Florida, law enforcement agencies are not required to provide public notice of DUI checkpoints ahead of time. 

DUI Checkpoints are Used in Florida 

A police officer generally needs probable cause to pull over a motorist to check for signs of impairment. However, a DUI checkpoint—where all drivers are being checked or where a totally random selection of drivers are being checked—is an exception. The Supreme Court of the United States ruled that DUI checkpoints do not violate the Fourth Amendment. Currently, the National Highway Traffic Safety Administration (NHTSA) reports that 38 U.S. states allow DUI checkpoints. Florida is among those states. State or local police may set up a DUI checkpoint in Orlando, Orange County, or elsewhere in Central Florida.

Your Rights at a DUI Checkpoint 

What are your rights if you pass through a DUI checkpoint in Florida? Here are is an overview of the three most important things that you need to know:

  • You Do Not Have a Right to “Evade” a Checkpoint: In Florida, evading a DUI checkpoint by turning around or using side streets to avoid being stopped can be seen as suspicious behavior. It is technically not illegal—assuming you do not make any unlawful traffic maneuvers. However, it could lead to a police pursuit and a driver being stopped anyway.
  • You Have a Right to Remain Silent: While you must provide your driver’s license, registration, and proof of insurance at a checkpoint, you are not required to answer additional questions such as where you have been or whether you have been drinking. You have the constitutional right to remain silent.
  • You Have to an Attorney: If arrested for a DUI or any other offense at a DUI checkpoint in Florida, it is imperative that you consult with an attorney. You always have the right to a lawyer. Your attorney will review any charges and determine what to do next. 

Arrested for Drunk Driving in Florida?

We can help. The Baez Law Firm firmly believes that every person deserves their day in court. You are presumed innocent until proven guilty. Our Orlando DUI defense attorney knows the law and knows how to protect your rights. If you were with a DUI, contact us today for a confidential initial appointment. From our Orlando office, we provide aggressive criminal defense across the region.



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