Sobriety Checkpoints and DUI Charges in Miami, FL
Miami DUI Defense Attorney
The state Supreme Court has made it legal for law enforcement to operate roadside sobriety checkpoints under certain stringent requirements, as it is recognized that these checkpoints infringe upon the protections under the Constitution. Ordinarily, you cannot be pulled over for suspicion of DUI without probable cause - you must be exhibiting some driving behavior that causes police to have reasonable suspicion that you could be DUI. This is not the case at a DUI sobriety checkpoint.
Pulled over at a sobriety checkpoint in Miami?
If you were pulled over at a roadside checkpoint and subsequently charged with DUI, contact our firm, Seltzer Law, P.A. With a former prosecutor for Miami-Dade managing your defense, you can be confident that any flaw in the case against you will be identified. Your defense strategy could include any failure to adhere to the restrictions related to these checkpoints, how evidence was gathered, the arrest procedure or other element in your case. Call now for information. We are available 24 hours a day, 7 days a week.
One of the rules governing the operation of sobriety checkpoints is that law enforcement is required to file an operational plan, and this plan must describe how drivers will be randomly selected to be pulled over. It is illegal to profile any driver, whether due to the race or appearance of the driver, the type of vehicle, age of vehicle or other factors. The operations plan must outline how the random selection of drivers will be made, such as every third or fourth vehicle that passes - as it must be completely random to be legal. Rules can be broken, and have been. Police may simply not follow the operational plan, flagging down several cars in a row, or singling out certain drivers. Police video could be accessed to determine if you are a victim of police failing to operate the sobriety checkpoint under the rules of the operational plan submitted prior to the checkpoint.
If the checkpoint was conducted properly, you still have defense options, and every detail of what occurred must be reviewed carefully. Breath and blood test evidence is not infallible. At our firm, we will undertake an analysis of the facts in your case to determine how to proceed in defending you. We know the law, and we are zealous in protecting the rights of those we serve. Contact our firm today for professional defense counsel in DUI charges.