Jacksonville Roadblocks: Are DUI Checkpoints Legal?

We have all seen Jacksonville Roadblocks. These are police created checkpoints that are intended to look for those driving under the influence. If someone is arrested at a Jacksonville DUI checkpoint, he or she may be able to challenge the legality of the stop. Florida courts have ruled that the state must prove the legality of these stops. As such, the state must show that “the officers in the field are governed by a set of neutral criteria procedures which field officers are to follow at the roadblocks.” Guy v. State, 33 Fla. L. Weekly D2238a (2nd DCA 2008). In Guy, the Second District Court of Appeals ruled that a sobriety checkpoint was unconstitutional, because it gave the officers the discretion to selectively stop vehicles in the event that traffic backed up.

If a person is charged with a crime when being stopped during a Jacksonville DUI roadblock, he or she should discuss the legality of the checkpoint with a Jacksonville DUI Attorney.

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