Fort Myers DUI Lawyer
Allegedly accused of a DUI in Fort Myers? Contact Felonies4Less.com for a consultation. Our DUI Lawyer Team can review the facts of your DUI checkpoint interview/field sobriety tests to see if the police violated your 4th Amendment rights. Contact the Felonies4Less.com Team to discuss in detail your Fort Myers DUI.
DUI Checkpoint Overview
To begin, Florida law enforcement agencies use sobriety checkpoints to deter intoxicated drivers from operating motor vehicles and to identify impaired drivers. DUI checkpoints are also referred to as “roadblocks” and “mobile checkpoints” predetermined police traffic stops. During the traffic stop, police officers either stop every vehicle or stop vehicles at a regular interval, such as every fourth or sixth vehicle, and interview drivers to see if they are driving under the influence of alcohol or a controlled substance.
The Florida Supreme Court has held that DUI checkpoints are Constitutional. Traffic stop locations are randomly selected. DUI checkpoints have written guidelines regarding operational procedures. Not following the guidelines is unconstitutional. Finally, all checkpoints must be operated in accordance with the following guidelines:
Checkpoints must be highly visible
DUI Checkpoints are rarely publicized extensively
Checkpoints must be conducted regularly within set guidelines
During a sobriety checkpoint, police officers briefly detain drivers.Officers will conduct a series of field sobriety tests if they believe the driver may be impaired. Florida law enforcement agencies conduct on average 15 to 20 checkpoints per month.
Fort Myers DUI Lawyer
What Happens At DUI Checkpoint
While approaching a DUI checkpoint, a portion of the road will be blocked off with traffic cones and there will be a sign instructing drivers to slow down and prepare to stop for screening at the checkpoint.The officer will be looking for signs of impairment during this brief stop. Such signs may consist of bloodshot eyes, an odor of alcohol, or slurred speech. If the driver appears impaired, the officer will have probable cause to conduct field sobriety test.
Field sobriety tests include the horizontal gaze nystagmus test, walk-and-turn test, and the one-leg stand test.Failure of a field sobriety test will require one to take a chemical test. The chemical test will indicate the driver’s blood alcohol content (BAC). Driving with a BAC above the legal limit will result in arrest.
Hire A Fort Myers DUI Lawyer
To conclude, Our Fort Myers DUI lawyer can review the facts of your arrest to determine if the police conducted the DUI checkpoint within the Constitutional limits of the 4th Amendment. For example, if the police did not follow their rules and guidelines while operating the checkpoint, the evidence collected during your case, is questionable. Contact the Felonies4Less.com Team to discuss your case with confidence.
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