Being stopped and searched arbitrarily is a celebrated practice amidst law enforcement agencies. DUI checkpoints are a tool used to tighten the grip on those driving while under the influence of alcohol. However, there is a fine line between a legitimate concern for public safety and infringing upon the fourth amendment rights of the people. The state of Florida concedes that DUI check points are constitutionally valid. The Supreme Court acknowledges that roadblocks do in fact constitute a "seizure" relative to the Fourth Amendment yet are constitutionally acceptable with evident effectiveness and with minimal intrusion. However, DUI check points can more than likely be described as traffic road blocks, as the focus is not exclusively on driving under the influence.
At one Orange County DUI checkpoint there was not one DUI arrest. There were however traffic citations, faulty equipment warnings and general warnings. All of which are outside the realm of a constitutionally valid DUI check point.
The argument would then be is there empirical evidence that DUI checkpoints reduce the rate of drunk driving under the influence or are check points being used for general purposes under the guise of DUI.
The Centers for Disease Control and Prevention have shown that DUI check points have reduced alcohol related accidents and fatalities by as much as 24 percent. However, the Cochrane Library reviews which evaluated 32 studies showed little evidence to say definitively that DUI check points cut down the number of accidents and death from driving under the influence.
As an added issue are DUI check points hurting the bottom line of businesses in an already torn economy. Bar and restaurant owners have stated that it is making it harder for them to survive, as check points are being set up in front of their businesses. In some cases the DUI check points have been set up in front of the same business on more than one occasion which can be construed as a target where there is a consistent pattern that could conceivably shut down a business.
In Florida the Florida Highway Patrol promulgates a policy manual that dictates how DUI checkpoints must be conducted. Assuming that these policies meet with constitutional muster the police must adhere to the guidelines when engaging in a DUI checkpoint operation. The Law Offices of John Musca has challenged the legality of DUI checkpoints in Florida. We have won those challenges and obtained dismissals for our clients. Attorney John Musca will review your case when it involves a DUI checkpoint to ensure that your rights have not been violated. Remember a DUI arrest is not a conviction and as always, consult a Florida criminal defense attorney who will determine what defenses may be available to you.
