DUI and Sobriety Checkpoints
Checkpoints are sometimes set up on roadways throughout Florida to check for drunk drivers and out of date registration and inspection stickers. Usually little to no warning is given before a checkpoint is put into place. Typically, police target high traffic days on or around holidays, such as 4th of July, Thanksgiving, or New Year’s Eve.
If you have been caught drinking and driving at a sobriety checkpoint, you are subject to the state’s DUI charges and penalties. A good DUI defense lawyer can clarify the charges that you face and can help you build a strong defense for your case. Contact the experienced West Palm Beach criminal defense attorneys of Eric N. Klein & Associates, P.A. today at 561-353-2800.
Checkpoints and Zero Tolerance
Florida has a zero tolerance policy for drivers under 21 who have been drinking. If you have been randomly pulled over at a sobriety checkpoint and the officer has reason to believe that you have consumed any alcohol, you will be subjected to a breathalyzer test. A blood alcohol content (BAC) level of .02 or higher, which for many people is less than one beer’s worth of alcohol, constitutes a DUI for drivers under 21.
Checkpoints and the Law
In many states, sobriety checkpoints are illegal because they have been ruled to violate the 4th amendment protection against unreasonable search and seizure. Currently, sobriety checkpoints are legal in Florida, but the checkpoints must be carried out in a certain manner to be considered legal. Since police cannot realistically pull over everyone who goes through a checkpoint, drivers are supposed to be selected at random following a predetermined policy.
If it can be shown that a sobriety checkpoint was not conducted randomly according to the law and instead drivers were pulled over on impulse or on an ad hoc basis, then that sobriety checkpoint may have been operating in an illegal manner. DUIs issued under improper sobriety checkpoints may not be valid and could potentially be dismissed. A meticulous DUI defense attorney will examine all of the details of the sobriety checkpoint in question to determine if you were subjected to illegal procedures.
Contact Us
Being arrested for a DUI brings serious charges and penalties. If you have been arrested for a DUI at a sobriety checkpoint, you should seek sound legal advice from a criminal defense lawyer with expertise in DUI defense. The aggressive, experienced West Palm Beach criminal attorney, Eric N. Klein, can determine the legality of your DUI charge and help defend your rights in a court of law. Contact us today at 561-353-2800.
