Labor Day is one of the busiest travel holidays of the year. Many people choose to celebrate the long weekend with a few drinks, but if your plans involve alcohol, bear in mind that police will be out in full force to identify and arrest drunk drivers.
You should expect to see more DUI checkpoints over the holiday period. According to the Governors Highway Safety Association, DUI checkpoints are legal in the state of Florida, and officers conduct between 15 and 20 of them every month.
Although police must have probable cause to conduct a traffic stop, the U.S. Supreme Court has ruled that sobriety checkpoints are an exception to search and seizure provisions because the dangers of drunk driving outweigh the degree of intrusion of such checkpoints. That means police can pull you over at a sobriety checkpoint just to conduct a random welfare check.
However, it is important to remember that police still have to follow strict written protocols during a DUI check point regarding the written plan in to stop a predetermined number of vehicles. If you are charged with DUI over Labor Day weekend but the police made a procedural error and/or did not follow the written plan exactly, then certain evidence against you—such as your breathalyzer test results or potentially the entire case—may be thrown out of Court.
William DiRenzo is a DUI defense lawyer in Fort Lauderdale who will investigate your arrest to identify any procedural errors that could work in your favor. Call 954-653-2172 to schedule a free case evaluation at DiRenzo Defense.
Read on to learn how you can avoid a drunk driving arrest over Labor Day weekend:
Designate a Sober Driver
If you and your friends plan on drinking, pick someone to be the designated driver before the party begins. You might also consider taking advantage of a local taxi service or a ride share app. If you drink, play it safe, don’t drive.
Host a Party at Home
The only foolproof way to ensure you do not get pulled over on Labor Day weekend is to stay home. Consider hosting a barbecue for your friends and family, and make sure you have plenty of space to provide sleeping arrangements for those who should not drive after the party has ended. Do not let anyone drive away from your party that you believe may have had too much to drink.
If You Are Stopped Under Suspicion of DUI, Do Not Take Field Sobriety Tests
If police do pull you over, they may ask you to submit to field sobriety tests. It is important to remember that these tests are voluntary and you do not have to agree to take them. In some cases, a person may perform extremely well and help their case tremendously. In other cases, a person may perform poorly and end up hurting their case. Beware, if you chose not to perform the roadside exercises, you are still subject to arrest!
If you wind up facing DUI charges after going out with friends over the holiday weekend, contact DiRenzo Defense to determine the best way to proceed. Our attorneys have defended thousands of clients charged with DUI and we have the litigation experience to represent your interests.
Call 954-653-2172 to schedule a free consultation with a criminal attorney in Fort Lauderdale. To learn more about fighting DUI charges in Florida, visit USAttorneys.com.