Clearwater, FL DUI Checkpoints

December 9, 2024 | Winters & Yonker Personal Injury Lawyers | Car Accident

DUI accidents (driving under the influence) kill and injure thousands of people each year in the United States. During 2023, impaired driving crashes caused 279 deaths and 258 injuries. Law enforcement agencies use DUI checkpoints in Clearwater to deter and catch drunk drivers before they can cause car accidents.

Are DUI Checkpoints Legal in Florida?

There are concerns that DUI checkpoints or sobriety checkpoints violate a person’s Fourth Amendment rights against warrantless seizure. However, courts have found that DUI checkpoints are legal, provided law enforcement officers conduct the checkpoints according to specific rules.

The rules for DUI checkpoints in Clearwater are:

Notification: Law enforcement agencies must provide public notice of DUI checkpoints, including when they will conduct the checkpoint and where it will be located. Failing to provide adequate notice can render any evidence collected because of the checkpoint could be inadmissible in court.
Authorization: A supervisor-level police officer must authorize the checkpoint. They must review the proposed procedures to be used at the checkpoint, the location, and other information to ensure the checkpoint is legal.
Visibility: The officers must place signs and lighting to warn drivers they are approaching a DUI checkpoint. Police vehicles must be identifiable and clearly marked as law enforcement vehicles. You can turn around before reaching the checkpoint, provided you can do so legally. However, turning around could attract attention from the police. If you appear to be driving recklessly or breaking a traffic law, the officer may have probable cause for a traffic stop.
Limited contact with drivers: Police officers are not to hold drivers at a checkpoint for an unreasonable length of time. The officers can ask the driver to produce their license and other information. The officer may ask the driver if they have been drinking alcohol. If the officer does not have probable cause to believe the driver is intoxicated, they must let the driver pass and continue on their way.
Profiling vehicles or drivers is not permitted: Before the DUI checkpoint, there must be a procedure for stopping vehicles. For example, officers will stop every other car or every third vehicle. This procedure prevents officers from discriminating against drivers or profiling vehicles.

Officers who stop a vehicle outside of the standard procedure must have reasonable suspicion. Driving erratically or breaking a traffic law could give the officer reasonable suspicion to make a stop.

What Are My Rights at a DUI Checkpoint in Clearwater, FL?

You must provide your driver’s license and other required documents to the police officer. However, you do not have to answer other questions like where you are headed or whether you have been drinking. The police officer may ask you to pull to the side for further investigation. If so, you must pull over for a DUI stop. The officer conducts a DUI investigation as they would if they pulled you over anywhere for suspicion of driving under the influence.

Contact an experienced Clearwater injury attorney if you are arrested for DUI to discuss your rights and legal options.

What Should I Do if a Drunk Driver Causes an Accident in Clearwater, FL?

DUI accidents cause severe injuries to victims. If you are involved in a drunk driving accident, steps to take to protect yourself include:

Call 911 immediately to report the crash. If you suspect the driver may be intoxicated, inform the operator of your suspicions.
Do not confront the driver or accuse them of being drunk. An intoxicated person is unpredictable, and you do not want a confrontation.
Tell the officer your suspicions when they arrive on the scene. If you smelled alcohol or saw the person driving erratically, let the officer know.
Ask eyewitnesses for their names and contact information. Take photographs and make a video of the accident scene.
Seek immediate medical treatment for your injuries. Inform your doctor you were involved in a traffic accident.

It is also important to learn about your legal rights from a trusted personal injury attorney. You could be entitled to compensation for your economic and non-economic damages. A jury may award punitive damages in some DUI cases.

Get Help With a DUI Accident Claim

If a drunk driver caused your accident, call Winters & Yonker Personal Injury Lawyers for a free consultation with a Clearwater DUI accident lawyer. Even though the driver may be arrested for DUI, you must prove the driver caused your accident before recovering compensation for injuries. Our legal team can gather evidence and build a case proving causation and fault to establish liability for damages.

Contact a Clearwater Car Accident Lawyer from Winters & Yonker Personal Injury Lawyers for Help Today

For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in Clearwater today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.

We proudly serve Hillsborough County, Pinellas County, Pasco County, Polk County, and its surrounding areas:

Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
(813) 223-6200

Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
(727) 493-4418

Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
(727) 314-5988

Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
(727) 910-5060

Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805
(863) 251-6196