Wednesday, February 23, 2011

The Legality of DUI Checkpoints in Florida.

Driving Under Influence is severe crime and it can result in serious mishaps that may lead to death of the individual. Many laws are established against this probe but still the rate of drunken driving remains high.

Governments of all countries are taking severe actions against this conviction. Setting up the DUI checkpoints for sobriety checking is one such action against this conviction. These checkpoints or road blocks involve law enforcement officials stopping every vehicle on the public roadway and investigating the possibility of drunk driving. These check points are usually set up late night or in the early morning hours.

The checkpoints for sobriety testing in Florida are known as “no refusal” checkpoints. If the driver refuses to undergo the breath test, the judge is present on site and issues the warrant allowing the police to perform the obligatory breath test and BAC test of the driver.

Every state has different rules for DUI charges. The DUI check points in Florida are allowed under Federal constitution. Supreme Court has declared that the sobriety check points in Florida are not the violation of 4th Amendment rights against illegal search and arrest. The checks are permitted unless it is performed in respectful manner with minimal intrusion and specified guidelines. You can fight against DUI charges in Florida, if you were arrested after improper conducted sobriety checkpoint stop.

DUI Checkpoints in Florida:

Whenever you are stopped at the checkpoints in Florida, the officer will look for any signs of impairment, or the open containers or drugs in your vehicle.

The common signs leading to DUI charge are

• Difficult speech
• Bloodshot eyes
• Odor of alcohol or drugs
• Improper or confused answers to questions
• Proof of intoxication through DUI tests
• BAC level about permissible limit when checked through breathalyzer test
• Erratic movements

The police in Florida have the right to establish the DUI checkpoints any time they feel the necessity. Many counties in Florida have seasonal checkpoints that are established every year during specific period of time. This is generally during the holidays when picnics and parties are arranged with alcohol provided. New Year’s Eve is also the popular time for sobriety checkpoints as the rate of drunk driving is expected to increase during this period.

The announcement for the establishment of checkpoints is spread through local newspapers or radios in Florida. The signs for warning the drivers of the upcoming check points are required while the check poi nt is active.

1 comment:

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