Encountering a DUI checkpoint can be nerve-wracking, and if you have ever been arrested, you understand the gravity of the situation. A DUI arrest can bring about serious consequences that may deeply impact your life, leaving you with fines, a suspended license, and even potential jail time. However, it is essential to remember that an arrest does not automatically equate to a conviction.
If you were arrested at a Florida DUI checkpoint, you have the right to defend yourself and seek justice through a range of legal strategies. With over three decades of experience handling DUI cases in South Florida, you can count on Criminal Defense Attorney Brian Gabriel to handle your case using all the knowledge and skill developed over the span of his career. Mr. Gabriel will analyze the specifics of your situation to devise the most effective defense strategy possible for your DUI case.
How To Fight a DUI Charge After Being Arrested at a DUI Checkpoint in Florida
Depending on your particular case, there are several defense strategies that may be taken to fight a DUI charge given at a checkpoint. They include, but are not limited to, the following:
Constitutional Violations
DUI checkpoints must adhere to strict constitutional requirements to be considered lawful. Your attorney will carefully examine the circumstances of your arrest to determine if any constitutional violations occurred. If the checkpoint was set up or conducted improperly, such as without proper authorization or without following established guidelines, the entire arrest could be deemed invalid.
Challenging BAC Test Accuracy
Breathalyzers and blood tests are commonly used to measure a driver’s Blood Alcohol Concentration (BAC) in Florida. However, these tests are not infallible and can be subject to errors. Your attorney will investigate whether the testing equipment was correctly calibrated and maintained or if there were any issues with the test administration that could have affected the accuracy of the results.
Field Sobriety Test Validity
Field sobriety tests, such as the walk-and-turn or one-leg stand, are conducted to assess a driver’s level of impairment. These tests, however, are subjective and can be influenced by various factors unrelated to intoxication. A skilled attorney will analyze the circumstances surrounding the field sobriety tests to determine if they were administered correctly and fairly.
Officer’s Training and Experience
Law enforcement officers conducting DUI checkpoints should be adequately trained to handle the procedures professionally. If it can be shown that the officer lacked proper training or experience in conducting the checkpoint or administering tests, it could be a basis for challenging the validity of the arrest.
Medical Conditions and Medications
Certain medical conditions and medications can lead to false positives on breathalyzer tests or impact performance on field sobriety tests. Your attorney will explore any relevant medical conditions or medications that could have affected the accuracy of the tests.
Necessity Defense
In rare cases, a necessity defense might be applicable if you can demonstrate that driving under the influence was the only way to prevent more serious harm. However, this defense is seldom successful and extremely difficult to establish.
Challenging the Initial Traffic Stop
If the police pulled you over outside of the DUI checkpoint without a valid reason, your attorney could challenge the initial traffic stop as unconstitutional. If the stop is deemed illegal, any evidence obtained thereafter may be suppressed and not admissible in court.
Rising BAC Defense
Alcohol takes time to absorb into the bloodstream, and your BAC levels may continue to rise even after you have stopped drinking. If there was a significant delay between when you were driving and when the BAC test was administered, your attorney may raise the “rising BAC” defense.
Arrested at a Florida DUI Checkpoint? Contact a Criminal Defense Attorney Today
If you are facing DUI charges after being arrested at a DUI checkpoint, do not wait to take action. Your future and reputation are at stake, and the decisions you make now can have a profound impact on the outcome of your case. Reach out to Criminal Defense Attorney Brian Gabriel today. Mr. Gabriel has a proven track record of successfully defending clients in DUI cases and is committed to fighting for your rights and interests.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.