DUI Checkpoints in Seminole County: What Are Your Rights?

Living in Sanford, Lake Mary, Altamonte Springs, or any of the other cities that make up Seminole County, you’re no doubt aware of the late-night roadside procedures the police set up in hopes of catching drunk drivers. They’re known as DUI checkpoints (or sobriety checkpoints), and they are legal in Florida — but only when the police follow a specific set of guidelines. Understanding your rights can help you stay calm, make smart decisions, and protect yourself in case things go wrong.

Below is a simple, plain-English guide to what checkpoints are, how they are required to be conducted, and what you must — and don’t have to — do.

What You Need To Know About DUI Checkpoints in Florida

The U.S. Supreme Court approved the idea of sobriety checkpoints many years ago, and Florida courts have long supported and enforced them to help identify impaired drivers and keep communities safe. However, DUI checkpoints are only legal when performed properly.

Checkpoints must be well-planned, announced in advance, and carried out in accordance with strict rules to be both fair and safe.

What Officers Can (And Can’t) Do at a Checkpoint

Permitted  

• Stop vehicles according to a predetermined, neutral formula (such as every third car)
• Briefly check your driver’s license, vehicle registration, and proof of insurance
• Look and listen for signs of impairment (odor, slurred speech, and glassy eyes)
• Extend the stop only if they develop a reasonable suspicion or probable cause of a crime

Not Permitted

• Random stops (selecting people to stop at the officer’s discretion based on appearance or bias)
• Unreasonably long detentions when there is no individualized suspicion
• Searches of you or your vehicle without probable cause, a warrant, or your voluntary consent

If officers violate the plan or if the checkpoint is otherwise poorly run, the stop and any evidence gathered may be thrown out in court.

Your Basic Obligations at a Checkpoint

You are required to provide your driver’s license, vehicle registration, and proof of insurance. Failing to provide these documents can result in a separate citation or an arrest unrelated to DUI.

Know Your Rights (And How To Use Them Politely)

1) Right To Remain Silent

After producing your license, vehicle registration, and proof of insurance, you do not have to answer questions like, “Where are you coming from?” or “How much have you had to drink?” 

Pro Tip: “I prefer not to answer any questions” is a perfectly polite response.

2) Right To Refuse Field Sobriety Tests

Please note that Florida’s walk-and-turn, one-leg stand, and eye test are voluntary. You may politely decline. If you do, there is no automatic license suspension for test refusal, though the officer could still arrest you for different reasons if they believe other facts create probable cause.

3) Right To Refuse a Vehicle Search

Unless officers have probable cause (or a warrant), they cannot search your car without your consent. 

Pro Tip: You can say, “I don’t consent to any searches.”

4) Right To Turn Around — Legally

If you see a checkpoint ahead and can safely and legally make a U-turn or turn onto a side street without committing a traffic violation, go for it. Turning around to avoid a checkpoint isn’t a crime. However, committing a traffic violation to avoid a checkpoint can result in being stopped.

Breath, Blood, and Urine Tests: Florida’s Implied Consent Law

This is where many people get tripped up. Refusing field sobriety tests is not the same as refusing chemical tests after a lawful arrest.

Under Florida’s implied consent law, if you are arrested lawfully for DUI and asked to submit to a breath, blood, or urine test, a refusal will generally result in an automatic driver’s license suspension (usually 12 months for a first-time refusal; longer and potentially criminal for a second or subsequent refusal). Prosecutors can also use a test refusal as evidence in court.

Chemical tests must be administered according to the law — generally after the arrest and with reasonable cause to believe you were driving or in actual physical control of a vehicle while impaired.

How People Get in Trouble at Checkpoints (And How To Avoid Doing So)

Oversharing. Chatty, friendly comments about “just leaving a bar” invite additional questions. Exercise your right to remain silent.

Roadside tests. Many sober people “fail” field sobriety tests because of nerves, wrong-footed shoes, injuries, or simply poor balance. You are allowed to decline.

Vehicle searches. Without probable cause, a simple refusal preserves your rights.

Driving away. If you avoid a checkpoint, make only legal, safe maneuvers to prevent committing a traffic violation.

So, What if You’re Arrested at a Checkpoint?

An arrest is not a conviction. A defense lawyer can question the following:

• Checkpoint plan and execution. Was there a valid written plan? Was the pattern of stopping vehicles neutral? Was the checkpoint clearly marked and safe?
• Length of detention. Was your wait brief, or did it become an unreasonably long seizure without cause?
• Probable cause for arrest. Did officers rely heavily on questionable field tests and/or vague observations?
• Implied consent warnings and procedures. Were you lawfully arrested before any chemical test was requested, and were you advised of the consequences of refusal?

If the checkpoint fails constitutional or policy standards, your attorney may move to suppress evidence or even seek dismissal.

Quick Answers to Common Questions

What if I used prescription medication?

Florida DUI is not limited to alcohol. If an officer believes your normal faculties are impaired by a “controlled substance” — even a prescription — you can be investigated and arrested.

Can a refusal help me?

Refusing field sobriety tests can limit subjective evidence. Refusing post-arrest chemical tests almost always has a licensing consequence and can be used against you in court.

The Bottom Line for Seminole County Drivers? Speak to an Attorney Right Away

If you’re stopped and subsequently arrested at a checkpoint in Sanford or another area of Seminole County, remain polite, clearly assert your rights, and contact a local DUI defense attorney ASAP. A careful, early review of the checkpoint and stop may make all the difference in challenging an improper arrest or limiting the evidence against you. Get help today.