Orlando DUI Attorney Blog

With the holiday season among us, millions of motorists will hit the roadways.  Florida Highway Patrol troopers are issuing a pressing warning. 

State troopers will be observing the state's highways and toll roads. Intoxicated motorists, speeders and aggressive drivers will not be tolerated.   "People drive worse on the holiday because they think they are going to get a break," said Sgt. Jorge Delahoz, a spokesperson, who has handled crashes on Florida roads.  Delahoz also stated that "there is nothing worse than knocking on someone's door on a holiday to tell them a family member is dead."

Troopers will be patrolling Florida's highways where they will conduct roving patrols in an attempt to remove drunk drivers from the road.  DUI checkpoints will also be conducted in certain areas where it is known for those that are drinking.

According to a patrol office, "If a person is arrested for DUI they're taken off of the road and we look at that as we've saved at least one life tonight."

In 2008 there were 52 fatalities on Florida roads during the five day Thanksgiving holiday.  Approximately half of those deaths were alcohol related.

The National Highway Traffic Safety Administration clearly states that the blood alcohol concentration level of .08 is illegal in all 50 states and is the point at which the fatal crash risk increases significantly.  At that point, all of the critical driving skills are affected: braking, steering, lane changing, judgment and response time.  The risk of a driver dying in a crash at .08 BAC is at least 11 times that of drivers without alcohol in their system.

If you someone that you know is the unfortunate situation of being arrested for a DUI this holiday season remember that you should speak with an attorney as soon as possible.  Drunk driving laws are extremely complex, and because of this you or someone that you know would be much better off with the advice and aggressive representation of an experience DUI attorney.  Attorneys at Musca Law know enforcement procedures, are well versed in different sobriety tests and their questionable accuracy levels.  Musca Law knows how you protect your rights!

Orlando drivers should be aware of DUI checkpoints over this Labor Day holiday. Officers will be out in full force looking for offending drivers. Agencies across the Orlando area are teaming up with Florida Highway Patrol to promote driver safety over this holiday weekend.

Lake County Sheriff's office plans on orchestrating DUI and safety checkpoints within the Sorrento and Eustis neighborhoods. Lake County's Traffic Enforcement Unit will be patrolling eight different locations from 7:00 p.m. tonight until 3:00 a.m. Saturday morning. The Leesburg Police Department will also be participating in drunk driving checkpoints over this holiday weekend. A checkpoint is scheduled for tonight near Venetian Gardens from 10:00 p.m. until 2:30 a.m. Saturday morning.

All deputies will be checking for proper insurance and registration, valid licensing, ensuring drivers are following seatbelt laws and exercising proper vehicle safety. Officers are also looking to take drivers under the influence of alcohol or drugs off of the street and into custody.

 

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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.