Florida DUI checkpoints are popular among Florida law enforcement officials. They often serve as focal points for Florida sheriff campaigns showing how the sheriff candidate/incumbent has been tough on crime, especially DUI. However, the facts belie a different reality. Very often, the DUI checkpoints yield relatively few DUI arrests relative to the number of vehicles stopped. Furthermore, the legality of such DUI checkpoints must be carefully examined since the checkpoints may fly in the face of a driver's vested constitutional rights particularly the 4th Amendment to the US Constitution which protects against unreasonable search and seizures.
The 4th Amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The problem with the DUI checkpoints is the random nature of the process. Each and every car is stopped and detained. There is no probable cause (a clear violation of the 4th Amendment). It's very much analagous to throwing jello against a wall and see if it will stick.
Obviously, if you are stopped in one of these checkpoints you have to obey the police. However, you don't have to get out of the car and you don't have to submit to a field sobriety test.
In any case, if you're stopped by the police and charged with a DUI or any other offense, call an attorney that has criminal trial experience.
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