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.