With the winter holidays upon us, now is a good time to discuss DUI checkpoints. Are they legal? And what determines who gets pulled over?
They are indeed legal in Florida. Also, during the holidays between Thanksgiving and New Year’s Day, the state often requests and receives federal grant money for “saturation patrols” that put more police cruisers on the streets to detect drunk drivers.
Do these checkpoints stop each car?
Police have the authority to do so, but it takes more time and can cause traffic jams. Additionally, with everyone having cell phones now, the word spreads quickly about checkpoint locations, defeating their purposes.
But these stops must not be arbitrary and done according to a neutral and predetermined screening criterion, typically every fourth car or something similar. Checkpoint stops cannot be based on the make or model of the car or the perceived ethnicity of its driver.
Do they only occur around the holidays?
Not here in Florida. While there may be more checkpoints than usual during the winter holidays, they are scheduled somewhere several times a month. That means that the risk of getting arrested for drinking and driving is present all year long.
However, drivers must be informed of these checkpoints in advance. That could be a notice posted in the local paper or a warning given over the radio. Wise drivers will abstain from drinking and climbing behind the wheel, avoiding checkpoint locations or ordering an Uber to get back home.
If you get caught up in a sobriety checkpoint and arrested for DUI, remember your right to remain silent until you have spoken to legal counsel.