DUI Checkpoints: A Warrant Can Inhibit Your Refusal

If you thought that you had the right to refuse to a sobriety test at a DUI checkpoint in Florida, you were correct. Unless you have been stopped at a “No Refusal” checkpoint.

Florida is one of nine states that have taken part in the “No Refusal” initiative. Funded by grants from the National Highway Traffic Safety Administration, the initiative aims to make the roadways safer for motorists by detaining a greater number of impaired drivers. Unfortunately, the initiative has effectively told citizens that the refusal statute is virtually null and void depending on the location of stop.

According to Florida state law, any persons who refuse a sobriety test, at a checkpoint or any other location, are subject to penalties, including the suspension of their driver’s license. The situation changes at No Refusal checkpoints which are held randomly throughout the state.

When you are stopped at such a checkpoint, you still have the right to politely decline to submit to any field sobriety tests. You also have the right to refuse a breath test. Unfortunately, if you do refuse, a judge participating in the checkpoint will sign a warrant requiring you to allow for a sample of your blood to be withdrawn by a nurse, also on site.

To date, the legalities of these types of checkpoints are in question, but have not been ruled unconstitutional. If you are issued a warrant by a judge, you are urged to comply. To not do so can make an already bad situation worse. Understand that a warrant issued by a judge is a legally-binding and enforceable document.

If you are stopped at a checkpoint that ultimately requires the submission of a blood sample, it is important that you contact an experienced DUI attorney as soon as possible. There are several guidelines that must be followed in order for a sobriety checkpoint to be legal. Katz & Phillips, P.A. are well-versed in these guidelines and can help defend you.

A DUI conviction can severely impact your life. You may find yourself unable to gain employment, drive a car, or adequately provide for your family. A No Refusal checkpoint may eliminate your ultimate right to refuse a blood alcohol test, but it does not take away your other rights. Contact us so that we can begin representing you immediately.