DUI checkpoints are a common law enforcement tool in Broward County, particularly on weekends, holidays, or during special events like spring break. These checkpoints are designed to detect and deter impaired driving, but they operate differently from ordinary traffic stops.
Unlike a typical DUI stop, you haven’t been pulled over for bad driving. At a checkpoint, you are stopped at random as part of a pre-approved plan. That difference is important, because it changes how officers must establish suspicion, when your rights apply, and what happens if you refuse tests.
This article explains how Broward DUI checkpoints work, the rights you have at each stage, and the crucial difference between refusing a pre-arrest roadside breath test and refusing a post-arrest breath test under Florida’s implied consent law (§ 316.1932).
Why DUI Checkpoints Are Legal in Florida
Normally, the Fourth Amendment (U.S. Constitution) and Article I, Section 12 of the Florida Constitution protect drivers from random stops. Police need “reasonable suspicion” — such as weaving, speeding, or another violation — to pull you over.
DUI checkpoints are the exception. In Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990), the U.S. Supreme Court upheld the constitutionality of sobriety checkpoints if they follow strict safeguards. Florida’s Supreme Court reached a similar conclusion in State v. Jones, 483 So. 2d 433 (Fla. 1986), requiring:
- Advance approval by supervisory officers.
- Written operational guidelines to limit officer discretion.
- Neutral stopping criteria (e.g., every third car).
- Public notice of the checkpoint.
- Minimal intrusion on drivers not showing signs of impairment.
If police fail to follow these rules, the checkpoint may be unconstitutional, and any evidence obtained there may be suppressed in court.
What Happens at a DUI Checkpoint
Here’s the typical process in Broward County:
- The initial stop: An officer requests your driver’s license, registration, and proof of insurance.
- While you provide documents, the officer looks for possible indicators of impairment slurred speech, odor of alcohol, red eyes, fumbling movements.
- If no signs appear, you are waved through. If the officer observes suspicious indicators, you are directed to a secondary screening area for further investigation.
At this stage, the officer has no evidence of bad driving — only the brief impressions formed during the stop.
Your Rights at a Checkpoint
Even though checkpoints are legal, you still have constitutional rights. Here are the most important:
1. The Right to Remain Silent
Beyond showing identification, you are not required to answer questions like “Where are you coming from?” or “Have you been drinking?” Innocent answers can be twisted into suspicion.
2. The Right to Refuse a Search
Unless evidence of a crime is in plain view (like an open container), officers cannot search your car without probable cause or your consent. You may politely refuse a search request.
3. The Right to Decline Field Sobriety Tests
In Florida, roadside field sobriety exercises — such as walking heel-to-toe or standing on one leg — are voluntary. You can lawfully refuse them. Refusing may still result in an arrest if the officer claims other observations support probable cause, but the refusal itself carries no penalty.
4. Breath Test Requests — The Critical Nuance
This is where many drivers get confused. Florida’s implied consent law (§ 316.1932) only applies after a lawful DUI arrest.
- Pre-arrest roadside breath test (handheld device):
If an officer at a checkpoint asks you to blow into a portable breathalyzer before arrest, you may lawfully refuse. There is no automatic license suspension or criminal penalty for declining a pre-arrest test. - Post-arrest certified breath test (at the station or mobile DUI unit):
Once you are formally arrested for DUI, implied consent applies. Refusing this test leads to:- 1-year license suspension for a first refusal.
- 18-month suspension + misdemeanor charge for a second refusal.
- Refusal can also be used as evidence in court.
This distinction matters: refusing a handheld test before arrest is not penalized, but refusing the official breath test after arrest carries serious consequences.
From Random Stop to Arrest: How Probable Cause Is Built
At a checkpoint, officers begin with no evidence of impaired driving. To escalate from a random stop to a DUI arrest, they must build probable cause through:
- Observations of behavior or appearance.
- Performance on voluntary field sobriety exercises (if you agree to take them).
- Results of a pre-arrest portable breath test (if you consent).
If you lawfully refuse both field sobriety tests and a roadside breath test, officers must still justify an arrest based on other signs. Without strong evidence, the case against you may be weak.
What Happens If You’re Arrested
If an officer claims probable cause and arrests you, you’ll be transported to a station or mobile DUI unit. At that point, you will likely be asked to take an official, certified breath test.
Refusing carries automatic penalties under implied consent law. Submitting provides the state with evidence of your blood alcohol content (BAC). Either choice has consequences, which is why legal representation becomes critical immediately after arrest.
The Consequences of a DUI Conviction in Florida
Even a first-time DUI conviction in Florida carries harsh penalties, including:
- Fines and court costs.
- Driver’s license suspension.
- Mandatory DUI school.
- Probation or community service.
- Possible jail time.
- Higher insurance rates and lasting stigma.
For repeat offenses or high BAC levels, penalties escalate significantly.
How a DUI Defense Lawyer Can Challenge Checkpoint Cases
An experienced DUI attorney knows that checkpoint cases often turn on procedural flaws. A defense lawyer may challenge:
- Whether the checkpoint was properly authorized and announced.
- Whether officers followed a neutral stopping pattern.
- Whether the detention exceeded what was legally allowed.
- Whether implied consent warnings were properly given before requesting a post-arrest breath test.
- Whether field sobriety or breath tests were conducted according to required standards.
Any errors can form the basis for a motion to suppress evidence — sometimes leading to charges being reduced or dismissed entirely.
Why Trial Experience Matters
Checkpoint cases involve both constitutional law and technical evidence. A lawyer with trial experience can cross-examine officers about checkpoint procedures, highlight inconsistencies, and challenge questionable test results.
With more than 15 years of trial experience, Derrick George, Esq., and his team at George Law have defended complex DUI cases, including those arising from checkpoints. Their approach combines procedural knowledge with courtroom skill to give clients the strongest possible defense.
Conclusion
Being stopped at a Broward County DUI checkpoint can be intimidating, especially since you weren’t pulled over for bad driving in the first place. Remember these key points:
- DUI checkpoints are legal, but must follow strict rules.
- You can lawfully refuse field sobriety tests.
- You can refuse a roadside breath test before arrest without penalty.
- Once arrested, refusing a certified breath test carries automatic penalties.
- A skilled defense attorney can often challenge both the legality of the checkpoint and the arrest that followed.
If you or someone you love has been arrested at a Broward DUI checkpoint, don’t face it alone. Contact George Law today for a confidential consultation.
Frequently Asked Questions: Broward County DUI Checkpoints
Are DUI checkpoints legal in Florida?
Yes. Both the U.S. Supreme Court (Michigan Dept. of State Police v. Sitz) and the Florida Supreme Court (State v. Jones) have upheld sobriety checkpoints, as long as they follow strict rules like advance notice, neutral stopping criteria, and minimal intrusion.
Can I turn around to avoid a checkpoint?
Yes, as long as you do so legally. Simply avoiding a checkpoint is not a crime. However, if you make an illegal U-turn or commit a traffic violation, police can pull you over based on that conduct.
Do I have to answer questions at a DUI checkpoint?
No. Beyond providing your license, registration, and proof of insurance, you are not required to answer questions about where you’ve been or whether you’ve been drinking. You have the right to remain silent.
Do I have to perform field sobriety tests?
No. Field sobriety exercises are voluntary in Florida. You can refuse them without automatic penalty. However, refusal may not prevent an arrest if the officer claims other signs of impairment.
What about the breath test? Can I refuse?
It depends on timing:
- Before arrest: If an officer asks you to blow into a handheld roadside breath test, you can refuse with no automatic penalty.
- After arrest: Florida’s implied consent law (§ 316.1932) Refusing the official breath test will result in an automatic driver’s license suspension (one year for a first refusal, 18 months for a second, plus a misdemeanor).
What happens if I refuse both field sobriety and breath tests?
- If you refuse everything before arrest, there is no direct penalty, but officers may still arrest you if they claim other evidence of impairment.
- If you refuse the official post-arrest breath test, you face license suspension and possibly a misdemeanor.
How often does Broward County conduct DUI checkpoints?
Checkpoints are most common on weekends, during holiday periods, and around major events. Police agencies usually announce them in advance through press releases or social media.
Can a DUI arrest from a checkpoint be challenged in court?
Yes. An experienced DUI defense lawyer can challenge the legality of the checkpoint itself, the way officers conducted the stop, whether probable cause existed for arrest, and whether tests were properly administered.
What are the penalties for a first-time DUI conviction in Florida?
A first conviction can result in fines, driver’s license suspension, probation, DUI school, possible jail time, and higher insurance costs. Penalties increase for repeat offenses or higher BAC levels.
Do I need a lawyer if I was arrested at a checkpoint?
Yes. Checkpoint DUI cases often involve complex constitutional and procedural issues. A skilled attorney can review whether the stop and arrest were lawful and may be able to suppress evidence or reduce charges.
