Reader’s Question:

I was arrested for DUI in Palm Beach, Florida at a DUI checkpoint and I am still confused about the legality of this kind of checkpoint. Does the law really allow this kind of a traffic stop?

Brian

Palm Beach, FL

DUI checkpoints are extensively used by law enforcement officers around the country today. At present, the law is clear on the use of these DUI checkpoints. The US Supreme Court has recognized that the stopping of motorists poses an intrusive burden on citizens and consequently law enforcement must adhere to a strict set of guidelines when conducting the DUI checkpoints.

DUI checkpoints are found to be constitutionally permissible even though there is a significant degree of intrusion upon motorists due to the fact that their implementation is said to advance the State’s interest; that interest being to stop impaired drivers and remove them from streets and highways. But failure to comply with the guidelines as laid out by the US Supreme Court and Florida DUI law would render any evidence following a stop at one of the DUI checkpoints inadmissible. If this is the case, it would result in a dismissal of your DUI charge in Palm Beach, Florida.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer