The holidays are often filled with celebrations and festivities, but they also bring an increased risk of DUI arrests, especially with DUI checkpoints set up in Orlando and across Florida. With the arrival of New Year’s Eve, law enforcement increases their efforts to catch impaired drivers, particularly in busy areas like downtown Orlando, theme park regions, and major roadways. Being pulled over at a DUI checkpoint can be intimidating, but understanding your rights and what to expect can make a huge difference in how you handle the situation.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
Whether it’s your first encounter with law enforcement at a DUI checkpoint or you’re a seasoned driver, it’s essential to be prepared for the possibility of an arrest. This guide will walk you through the process of what happens during a DUI stop in Orlando, explain your legal rights, and provide crucial advice for navigating your case if you find yourself arrested.
DUI Checkpoints: What to Expect 
DUI checkpoints are set up by law enforcement to deter drunk driving and ensure public safety. These checkpoints are typically placed in areas where traffic is heavy, such as near nightlife districts, highways leading to tourist attractions, or in areas where there have been a high number of DUI-related accidents. They are common throughout Orlando, especially during high-traffic times like the weeks leading up to New Year’s Eve.
If you are driving through a DUI checkpoint in Orlando, here is what you can expect:
- Stop and Inspection: At a DUI checkpoint, officers will stop vehicles at random or in a set pattern, such as every third car. They will ask for your driver’s license, registration, and proof of insurance. While some officers may ask questions such as, “Have you been drinking tonight?” you have the right to remain silent. You are only required to provide identification and vehicle-related documentation.
- Field Sobriety Tests: If the officer suspects you are impaired, they may ask you to perform field sobriety tests (FSTs), such as walking in a straight line or standing on one leg. While you can refuse to take these tests, it may lead to your arrest and other legal consequences.
- Breathalyzer Test: The officer may also request a breathalyzer test, which measures your blood alcohol content (BAC). Refusing to take this test can lead to the suspension of your driver’s license under Florida’s implied consent law.
If you are arrested at a DUI checkpoint, the next steps will largely depend on the evidence gathered during the stop and your level of cooperation.
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What Happens if You Are Arrested at a DUI Checkpoint?
If the police have probable cause to believe you are under the influence, they will arrest you. Here’s what typically happens next:
- Booking: After arrest, you will be transported to a local police station or jail. At the station, you will undergo the booking process, which includes providing personal information, fingerprinting, and taking a mugshot. The police may also conduct a second breathalyzer test at this time.
- Bail: Following the booking process, you may be eligible for bail, which allows you to be released from jail until your court appearance. Bail amounts can vary depending on factors like your prior criminal history and the details of your arrest.
- License Suspension: If your BAC is above the legal limit (0.08% or higher), your driver’s license may be suspended. You can request an administrative hearing to contest the suspension, but there is a limited window of time to do so.
- Court Appearance: You will be given a date for your first court appearance. At this hearing, the court will determine whether there is enough evidence to proceed with your case. It is vital that you seek legal representation at this stage to ensure that your rights are protected.
Your Rights During a DUI Stop at a Checkpoint
It’s important to remember that, even during a DUI checkpoint, you still have certain rights. Knowing these rights can help protect you if the situation escalates:
- Right to Remain Silent: You do not have to answer any questions about whether you have been drinking or using drugs. Law enforcement may ask, but you have the right to remain silent. The only information you are legally required to provide is your driver’s license, vehicle registration, and proof of insurance.
- Right to Refuse Field Sobriety Tests: While it is within your rights to refuse field sobriety tests, doing so could lead to your arrest. Additionally, refusal may be used against you in court as evidence of impairment. It’s important to weigh the consequences before refusing these tests.
- Right to Refuse Breathalyzer Tests: In Florida, you have the right to refuse a breathalyzer test. However, refusing this test automatically triggers a one-year suspension of your driver’s license for a first offense. For subsequent refusals, the penalties increase.
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The Consequences of a DUI Arrest in Orlando
A DUI arrest in Orlando is not just an inconvenience—it can have serious, lasting consequences. Here are some of the penalties that you may face if convicted:
- License Suspension: A DUI conviction can lead to a suspension of your driver’s license. The length of the suspension depends on factors such as your BAC level, whether you have previous DUI convictions, and whether there was any property damage or injury caused by your driving.
- Fines and Fees: DUI convictions often come with steep fines, which can range from hundreds to thousands of dollars. In addition to these fines, you may be required to pay for DUI education classes, community service, or alcohol treatment programs.
- Jail Time: Depending on your BAC and prior DUI history, jail time is a possibility. First-time offenders may face up to six months in jail, while repeat offenders can face longer sentences.
- Criminal Record: A DUI conviction will remain on your criminal record. This can impact future employment opportunities, make it difficult to rent a home, and even affect your ability to travel internationally.
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What to Do After a DUI Arrest in Orlando
If you find yourself arrested for a DUI at a checkpoint in Orlando, it’s important to take the right steps to protect your legal rights and minimize the consequences:
- Contact a DUI Attorney: The first thing you should do after being arrested is contact an experienced DUI attorney. A knowledgeable lawyer can help you navigate the legal process, explain your options, and represent you in court.
- Document Everything: If possible, write down everything that happened during the DUI stop. This includes the officer’s behavior, the location of the checkpoint, the results of any sobriety tests, and anything that may seem unusual about the way you were treated.
- Prepare for Court: Your DUI attorney will help you prepare for your court appearance. Depending on the facts of your case, your lawyer may negotiate a plea deal, seek a diversion program, or prepare a defense strategy to reduce the penalties you face.
Victory Law Firm P.A. Can Help
If you’ve been arrested at a DUI checkpoint in Orlando, Victory Law Firm P.A. is here to assist you. Our team of experienced DUI defense attorneys understands the complexities of DUI cases and will work tirelessly to protect your rights. Whether this is your first offense or you’re a repeat offender, we are committed to providing you with the best legal defense possible. Contact us today for a free consultation and get the help you need.