Hillsborough County DUI Checkpoints Lawyer
Imagine that you’re traveling up Harney Road after a night out for dinner in Tampa, and just before the Highway 41 overpass you see a Hillsborough County DUI checkpoint dead ahead. What do you do? If asked to, you must stop.
According to the Governor’s Highway Safety Association, 38 states have sobriety checkpoints plus Washington D.C. DUI checkpoints in Hillsborough County, and elsewhere in Florida, are usually conducted 15-20 times per month. Their legality has been upheld by the U.S. Supreme Court as being in compliance with the U.S. Constitution.
Does that mean that if you get a DUI charge due to one of the many Hillsborough County DUI checkpoints, that you can resign yourself to a DUI conviction? Not necessarily.
Consult With a Hillsborough County DUI Checkpoints Attorney
There are ways in which an accomplished DUI attorney can successfully fight a DUI charge. At Katz & Phillips, P.A., our DUI defense attorneys know the strong points of the law, and also its weak points. By knowing the law, we are able to build a strong defense on behalf of clients.
What Are My Options if Arrested at a DUI Checkpoint?
Checkpoint law is not as black-and-white as one might think. Some states have declared it illegal according to their state’s constitutions. In Florida, there are ways to mount a strong defense if you’ve been charged with impaired driving at a Hillsborough County DUI checkpoint.
The legal options will depend on the facts of your case; however there are ways to fight a DUI charge:
- Challenge the breath test equipment. Law enforcement officers will probably use the Intoxilyzer. Was it properly calibrated? Attorney David Katz is a former DUI / Intoxilyzer Specialist with the Seminole County State Attorney’s Office.
- Challenge the stop. There is a certain amount of time which the stop can reasonably take, after which the checkpoint may be infringing on your civil liberties. Did the stop take more than 3 minutes? If so, there could be grounds to challenge the stop.
- Challenge the arrest. Law enforcement officers are required to follow certain procedures when making an arrest. Were they all followed properly? Were your rights infringed in any way?
When you see a sign in Brandon on South Kings Avenue and Ronele Drive saying there is a sobriety checkpoint from 10 pm to 4 am, and you’re ensnared, you still have options if you are arrested for a DUI offense.