It seems like every weekend there's a DUI checkpoint somewhere in Broward County. And regardless of whether the checkpoint is established in Fort Lauderdale, Hollywood, or Coral Springs, they all have one thing in common: DUI arrests will be made. As a Fort Lauderdale criminal defense attorney, I represent clients who have been arrested in DUI checkpoints. In many cases, the drivers made it harder on themselves than they had to—usually because they had never thought about their conduct in a DUI checkpoint before actually entering one.
Regardless of how good your attorney is, there is no better defense to a Florida drunk driving charge than taking away the prosecution's case at the time of the stop. The following is a list of tips and guidelines that I've compiled to assist drivers who are caught in DUI checkpoints to do just that. This is not legal advice and if you have been arrested for DUI in Broward County or anywhere else in Florida, you should retain the services of an experienced criminal defense attorney.
Don't Argue – One of the biggest mistakes that a defendant can make on any DUI scene is to overestimate his or her chance of avoiding an arrest. Police officers are going to use a number of factors to determine whether or not to arrest you, but your opinion is not going to carry much weight. Your main objective should be to beat the charge in court. If you began arguing with police officers on video, you may look drunk to a jury—even if you aren't—and you may strengthen the prosecution's case. Your behavior becomes particularly important to the prosecution in a DUI checkpoint arrest because police aren't usually able to record your driving pattern prior to the stop, which is normally a key piece of evidence.
Answer Questions With Precise, Succinct Answers – Talking will get you in trouble. If you are asked whether or not you've been drinking, it is a "yes" or "no" question. It's unnecessary to explain where you had the drinks, whether the drinks were large or small, what sort of beverages they were, et cetera. If the officer requires more information, he or she can ask additional questions.
Refuse Field Sobriety Exercises – In South Florida, just like everywhere else in the Sunshine State, field sobriety exercises are voluntary. Florida's approved sobriety exercises can be difficult to perform perfectly even when sober. Most criminal defense attorneys recommend that you politely refuse the exercises to avoid having them recorded and used against you at trial.
Refuse any Blood Alcohol Tests – When you receive your FL Driver's license, you agree to provide a breath or urine test on request. This is known as "implied consent." If you later refuse to provide either of these tests, your license will be suspended for a year for a first refusal. However, failure to pass the tests also results in a suspension of your license AND builds the DUI case against you. You will only be asked to take BAC tests after you've been arrested. When you are, it's recommended that you politely decline.
DUI checkpoints are an effective way for law enforcement officers to detect individuals who have been drinking, and the Florida courts have upheld their constitutionality. However, if you conduct yourself appropriately, you can minimize the viability of a Broward County prosecutor's case against you.
Call us to day at 888-965-5529 for questions regarding DUI in the Fort Lauderdale / Miami area.
