DUI Roadblocks or DUI checkpoints can be a common occurrence on holidays such as St. Patrick’s Day or New Year’s Eve. What usually happens is that officers block off a heavily traveled road and check random vehicles to determine if they can find drivers they believe to be impaired.
The Florida Supreme Court has ruled that roadblocks or checkpoints are a “seizure” and therefore must comply with the protections given to citizens by the Fourth Amendment of the constitution. To protect citizens the police must follow strict guidelines when conducting a roadblock or checkpoint. Some of the rules the officers must follow are:
- There must be a written plan in place that details specific neutral criteria in order to limit conduct of individual officers.
- There must be safe conditions, including proper lighting and a safe distance away from traffic in which to conduct an investigation.
- There must be a reasonable time limit for the detention. Currently the time limit for detaining vehicles in a checkpoint without further investigation or probable cause determination is about three minutes.
- There must be a system in which to pull the vehicles such as every third car or every other car.
- There must be advanced warning of the checkpoint or roadblock.
- The police must use the least amount of intrusion possible when conducting the check.
These are just some of the rules the officers must follow. The laws that govern DUI Roadblocks are very complex. Failure to adhere to the rules can result in the stop being ruled invalid and the case being dismissed.
The attorneys at Finebloom & Haenel know the rules. They can challenge the roadblock as well as all of the other aspects of your DUI case. They are not afraid to challenge the actions taken by the police force. Do not give away your rights! If you have fallen victim to a DUI Roadblock or Checkpoint in the Orlando area, call the DUI defense team of Finebloom & Haenel today. Our attorneys are standing by 24/7 to consult with you. Call 407-218-6277 now!
