Tampa DUI lawyers are often asked about driving under the influence (DUI) checkpoints and how they are legal. Our American criminal justice system provides tons of protections against the police stopping someone without a specific reason, we constantly are bombarded by words like reasonable suspicion, probable cause, etc. DUI checkpoints are essentially the exception and raise many legal issues Tampa DUI lawyer confront regularly.
First, it is important to examine what exactly is a DUI checkpoint. A DUI checkpoint is basically a stationary roadblock generally set up late in the evening. Although “happy hour” driving under the influence checkpoints are on the rise, they occur between approximately 6:00 PM to 8:00 PM. It is also worth noting they usually occur during times, law enforcement anticipates many folks will be drinking, like New Year’s Eve, Fourth of July and weekends between Thanksgiving and Christmas. Tampa driving under the influence attorneys observe these checkpoints most often in the Tampa Bay area are US19 in the Clearwater area and Route 60 and Dale Mabry Highway in Tampa. These areas are specifically targeted because of the amount of traffic and they are major thoroughfares between residential areas and areas with many bars.
Secondly, what can I expect during a DUI checkpoint? First and foremost, you can anticipate a significant amount of traffic. DUI checkpoints require law enforcement to speak and interact with many drivers. As you can imagine, this simply takes time and significantly slows down the flow of traffic. As you are approaching the checkpoint, if you are one of the vehicles randomly chosen for inspection, you should anticipate the attending law enforcement officer to briefly chat with you. They will ask for your driver’s license, proof of insurance and registration paperwork. Tampa DUI attorneys will always advise that folks are always carrying these in their vehicle, so they can have quick, ready access to them for any sort of traffic stop. If the officer identifies signs of impairment, like bloodshot, watery eyes or slurred speech, the driver will be escorted to another area of the checkpoint, where they will be asked for perform field sobriety exercises. One of the Constitutional requirements of a valid DUI checkpoint is that properly trained officers conduct the testing, so you can anticipate experienced DUI investigations and Drug Recognition Experts (DREs) to be present to conduct the exercises. If the driver does poorly during these exercises, they will be arrested for driving under the influence and transported to have a breath test or further testing done. It is also worth noting there is generally an Assistant State Attorney present during these checkpoints to ensure things are done properly and to basically begin assisting law enforcement in collecting evidence against you.
Lastly, how are DUI checkpoints legal? Florida and national jurisprudence have long upheld the constitutionality and validity of DUI checkpoints, but they have somewhat strict requirements. For example, a written procedure must be in place prior to the checkpoint to dictate how things will proceed, what cars will be stopped, etc. Additionally, the area of the checkpoint must have a clear, identified targeted purpose. It is also worth noting the checkpoint must be able to be avoided by drivers. The most interesting legal requirement is that it must be made publically known. Before the widespread use and access of the internet, law enforcement simply relied on newspapers to notify the public. Currently, most law enforcement provides notice both through the newspaper and the internet. Specifically, many Sheriffs’ Offices provides notice their social media accounts of upcoming checkpoints. Check back to our Tampa DUI attorney blog and our Facebook page for updates, we are constantly updating regarding upcoming DUI checkpoints.
If you or someone you know has questions about DUI checkpoints or a driving under the influence charge, please do not hesitate to contact the Tampa DUI lawyers of Hackworth Law for a free case consultation. We have handled hundreds of these matters and provide free case consultations. If you would like to contact one of our Tampa DUI attorneys immediately, please use the “contact us now” tab in the upper right hand corner of this page. Thank you for checking out our Tampa DUI blog and we look forward to hearing from you.