DUI Checkpoints Around the Holidays – Contact a DUI Lawyer in Miami
With the holiday season firmly upon us, it’s a safe bet that you’ll be seeing DUI checkpoints popping up around Miami-Dade County. The time around the holidays is full of office parties, family gatherings, seeing old friends, and other social activities and celebrations that often involve alcohol – and law enforcement is on the lookout for people that have been drinking and get behind the wheel.
DUI checkpoints often lead to DUI arrests. If you are facing a DUI charge after going through a checkpoint, it’s vital that you speak to a DUI attorney about your options, as there may be defenses available that could help your case. Call us today to schedule a free consultation with a DUI defense lawyer in Miami.
DUI Checkpoints Need to Follow Certain Rules
The 4th Amendment of the United States Constitution prohibits the police from stopping people without reasonable suspicion that a crime is being or recently has been committed, which may initially make it seem like DUI checkpoints are illegal. The United States Supreme Court has carved out an exception to this requirement, allowing the police to set up DUI checkpoints so long as they comply with certain legal limitations.
Some of these limitations include the following:
- The location and time of a DUI checkpoint must be chosen by police supervisors. Individual police officers or a group of police officers cannot just decide to set up a checkpoint in order to randomly screen drivers.
- Cars must be stopped according to a neutral formula, which means that police have to have stop vehicles based on specific criteria that apply to all cars coming through, such as every 5th
- Police also have to publicize the existence of the DUI checkpoint prior to setting it up, potentially allowing members of the public to avoid unwanted contact with police.
What Happens if These Rules Are Broken?
If the police violate these or any other of the rules regarding DUI checkpoints, it may result in any evidence gathered from the checkpoint being suppressed. When evidence is suppressed, it means that it can’t be used in court. In most cases, this leads to the charges against anyone arrested at the checkpoint being dropped. Without evidence of intoxication, it’s impossible for the state to secure a DUI conviction. For this reason, it’s important for anyone that has been arrested at a DUI checkpoint to have their case reviewed by an experienced attorney. Failing to do so could result in a completely avoidable DUI conviction.
Call Stroleny Law, P.A. Today to Discuss Your Case with a Miami Criminal Defense Attorney
If you have been arrested after going through a DUI checkpoint in the Miami area, you should speak to an attorney as soon as you can. At Stroleny Law, P.A., we are dedicated to providing solution-oriented criminal defense services that minimize the consequences our clients are facing and protect their rights into the future. To schedule a case evaluation with our lawyer, call our office today at 305-615-1285 or contact us online.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.
View more contact information here: DUI Lawyer In Miami.