DUI roadblocks are legal in Florida but only if the police do certain things that they are required by law to do such as:
The Florida Supreme Court held in State v. Jones, 483 So. 2d 433 (Fla. 1986) held that “it is essential that a written set of uniform guidelines be issued before a roadblock can be utilized.” Id. The written guidelines should cover, in detail, the procedures that the field officers must follow at the roadblock. Id. Ideally, the
selection of vehicles, detention techniques, duty assignments, and the
disposition of vehicles should all be set out with reasonable specificity.
In Campbell v State, the Supreme Court of Florida articulated that the written
guidelines requirement is “to ensure that police do not act with unbridled
discretion in exercising the power to stop and restrain citizens who have
manifested no conduct that would otherwise justify an intrusion on a citizen’s
liberty. 679 So. 2d 1168, 1172 (Fla. 1996).
When faced with an arrest stemming from a DUI roadblock arrest, it is important to speak with a qualified criminal defense attorney. Mr. Sobel is available 24 hours a day, 7 days a week. Call 954-383-3000 to speak directly with Criminal Defense Attorney David J. Sobel.