DUI checkpoints can be very nerve-wracking and it is important to understand what can and cannot be done by law enforcement officers. At a minimum, you must provide officers with a copy of your driver’s license, registration and proof of insurance. There are some things that you must know about these checkpoints that can prove valuable including:
- Avoiding the checkpoint – If you are aware that there is a checkpoint and you pull off on the previous exit, you may not be stopped for avoiding the checkpoint. In order to stop you the officer would have to have probable cause such as erratic driving, broken taillight, missing license plate, etc.
- No searches allowed – You do not have to allow the officer to search your vehicle. Before an officer may search your car, they must have probable cause to believe that you have committed a crime.
- When there’s probable cause – If an officer detects the odor of alcohol or believes you are intoxicated they may arrest you for a DUI offense and require you to take a chemical test after a field sobriety test.
Officers Must Follow Guidelines – When a DUI checkpoint is being set up, it is important to understand there must be a plan in place and the officers working at the checkpoint cannot vary from that plan. For example, if the plan says they will stop every third car, they cannot start stopping every second car. If you have been arrested at DUI checkpoint, there are several defenses your Jacksonville criminal defense attorney may use including:
Rule violations – We can review the guidelines for the checkpoint and make sure all rules were adhered to; and
Faulty roadside testing – There are various issues with roadside testing that your criminal defense attorney may move to suppress.