So considering its the Labor Day weekend I was wondering are you legally obligated to pass through DUI checkpoints in Florida? I ask because last July 4th I was forced to go through one after attempting to do a U-turn to avoid the hold up. Of-course I wasn't intoxicated ..just a little riled up from my Monster drink. Anyway ..given a certain distance from the warning signs they put up, am I legally obligated to pass through them or can I request to not go through?
DUI checkpoints
- Thread starter juzlookzfazt
- Start date
If you choose to avoid a checkpoint that is up to you, as long as your actions are within the traffic code. That means as long as you dont break another traffic law trying to evade the checkpoint. However, that evasion after seeing the signs creates probable cause for a stop and guaranteed, if noticed, you will be stopped. While you can tell the officers that you dont want to go through the checkpoint, that will not stop them from performing the FST and associated tests right there.
If you arent intoxicated it is easier to just go through.
Have a reference? I've been searching online but I can't find any state statutes or whatever on the matter.
If it isnt prohibited by law there wont be a statute. I have prosecuted a few of these cases here in Florida.
CSD
Banned
+1
I can attest to Adam's post. I was assisting with a DUI checkpoint a few months back and watching traffic for drivers that did just this, avoid the checkpoint. I was in a unmarked unit approx 500 feet from the checkpoint. About an hour into it, one driver made an abrupt left onto a dead end, turned around, and drove back past me. Sure enough, she was over the limit. If you're not intoxicated, drive through. You'll only bring attention to yourself if you don't.
Well I don't intend on driving under the inf. but lets say I'm stuck way back in the line, can I not legally avoid it by turning around? It was a real PITA earlier in the year because it moved pretty slowly.
If you do not break any traffic laws in doing so then no. FordSVTFan said that already.
Though you will attract attention.
Though you will attract attention.
I agree with the above. Most checkpoints have a "runner" at each end to look for this. You would be held up longer by turning around and then getting stopped then if you would have just drove through it.
When you accept a license, you are agreeing to rules and conditions. Driving is a priviledge, not a right, unless you have built your own roadway on your own property.
in my state at dui checkpoints there is always another road you can turn on to, by doing this turn you do not have to go through the checkpoint. The check points are always posted in newspapers, along with the alternative routes around the check point,
always published because of 4th. amendment concerns
always published because of 4th. amendment concerns
Must be nice to not get DUI checkpoints on a weekly basis.
Every Friday, Saturday, and Sunday morning I go through checkpoints. While it's agravating, the fact that they ensure my safety makes the wait it worth.
I don't see why you're complaining, unless you D&D a lot...
Every Friday, Saturday, and Sunday morning I go through checkpoints. While it's agravating, the fact that they ensure my safety makes the wait it worth.
I don't see why you're complaining, unless you D&D a lot...
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I don't. I'm just saying its a PITA and I'd like to avoid em. I'm being selfish yes but time is money lol. I have no other justification for my position other than its burdensome on my watch and I don't like anyone coming near or looking into my car, whether he or she has a badge or not.
I'm not arguing that but if I were to argue that ..I'd say that my car and everything in it that is immediately within my control or property is mine and I don't need anyone searching me.
Most folks don't mind spending half the day in a drive-though line at wendy's, bumper to bumper, the clerk staring into their car but don't make me pass through a DUI checkpoint.
I wish there were more dui checkpoints, get the damn drunks off the road and everyone benefits
I don't like long lines lol. I just go inside instead. I'm all for combating drunk driving but I think it would be more convenient to just take those extra troopers and sheriffs and put em on the road patrolling. I don't know how they can justify spending a good amount of money per year when the actual amount of drivers caught drunk are less than 30% and I completely made that number up but I'm sure its accurate.
Hand me a cup of chili and a triple stack bacon cheseburger after I go through a roadside inspection or drunk search and I'll be glad to wait in any line you want.
It would also be nice if the local authorities would contract with a local Sorority
to come out in Bikinis and wash my car at the same time.(..)
No reason for the wait to be unpleasant.
If that were the case, the number of suspects caught would dwindle to nil.
I agree what is in your car is yours, but when you bring it onto a public roadway, you are sacrificing some privacy by driving it on roads built with public funding.
How much privacy am I sacrificing exactly?
Planter
Banned
i don't see how DUI checkpoints are even constitutionally legal.
I mean how can you just stop everyone going down a certain road and ask them "have you been drinking tonight"???
unless the driver(s) are exhibiting erratic driving or otherwise displaying they are drunk and unable to operate a motor vehicle, you'd think there must be some grounds for stopping them and asking them one by one.
I dont like drunk drivers anymore than the next person, but I don't see how this is constitutional.
I mean how can you just stop everyone going down a certain road and ask them "have you been drinking tonight"???
unless the driver(s) are exhibiting erratic driving or otherwise displaying they are drunk and unable to operate a motor vehicle, you'd think there must be some grounds for stopping them and asking them one by one.
I dont like drunk drivers anymore than the next person, but I don't see how this is constitutional.
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