Sobriety Checkpoints
DUI Defense Attorneys in Jacksonville
In an effort to reduce the number of drunk drivers on the roads, law enforcement
often sets up sobriety checkpoints late at night in areas where there
are likely to be intoxicated drivers. Most individuals who drink and drive
do so in the evening after dinner or a party, which is why most checkpoints
are conducted in the late evening to early morning hours. These checkpoints
have been a source of controversy for many years due to the nature in
which officers investigate and interrogate individuals who pass through
the checkpoint. Police misconduct is a common cause of wrongful
driving under the influence (DUI) arrests and occurs relatively often during sobriety checkpoints.
Regulations for Sobriety Checkpoints
There are rules and regulations that law enforcement officers must follow
when conducting a sobriety checkpoint. First of all, these checkpoints
must be made known to the public before they are conducted, such as by
posting a notice about them online or in the newspaper. Officers may not
choose individuals to investigate, but instead must follow a strict pattern,
such as every other car or every third car. They must also have adequate
grounds to make a DUI arrest instead of arresting anyone with slightly
slurred speech or the supposed smell of alcohol on their breath. Use of a
breathalyzer machine or of field sobriety tests can help an officer determine whether an individual
is under the influence of alcohol or drugs. If these measures are not
taken or if the tests are improperly administered, then the DUI arrest
may be unlawful.