Aren’t Sobriety Checkpoints Unconstitutional?
You are protected against unreasonable searches and seizures by the Fourth
Amendment of the U.S. Constitution. This means that a police officer must
have probable cause to initiate a traffic stop; however, when it comes to
DUI checkpoints, the rules are a little different. The United States Supreme
Court ruled that, although sobriety checkpoints are unconstitutional,
the importance of catching drunk drivers outweighs the “minor infringement”
on your rights. Even so, it is important to understand that you do still
have certain rights that you can, and should, exercise.
Exercising Your Rights at a DUI Checkpoint
If you find yourself driving through a DUI checkpoint in Florida, there
are a few things you should know – including the following:
Stay calm and be respectful: When driving through a sobriety checkpoint, stay calm. When engaging with
a police officer, be polite and respectful. You should have your license
and registration ready to hand over.
You don’t have to answer any questions: If a police officer asks you a pointed question, such as “Have you
been drinking tonight?” you are not required to answer. Simply state
that you are exercising your right to remain silent.
You don’t have to take roadside tests: If an officer asks you to participate in
field sobriety tests or a roadside breathalyzer, it is your right to decline. However, they
can still arrest you and require you to take a chemical test.
If you are arrested, call an attorney: The sooner you involve an attorney, the better. Don’t wait for the
police to gather incriminating evidence against you; request to speak
to a lawyer as soon as you have been arrested.
Arrested? Contact Our Fort Lauderdale DUI Attorneys.
If you were arrested at a DUI checkpoint in Fort Lauderdale, or a surrounding
area, don’t wait to contact an experience DUI lawyer at Parks &
Braxton, PA. Over the last 40 years, our firm has successfully defended
thousands of criminal and DUI cases. We are available to take your call
24/7, so we encourage you to contact us today for a FREE, no-obligation
consultation. We can help protect your rights, freedom, and future.
Contact Parks & Braxton, PA to discuss your case with an experienced criminal defense lawyer.