How To Tell If DUI Arrest Process Is Different At Checkpoints

Yes—DUI arrests at checkpoints follow a different process than regular traffic stops because police must operate under preplanned, neutral procedures and constitutional checkpoint rules. While officers still need legal grounds to detain you further or make an arrest, what they can ask, how long they can hold you, and what triggers sobriety or chemical tests can differ. This article explains checkpoint legality, step-by-step arrest timelines, your rights, and common defenses when a checkpoint stop leads to a DUI.

Ray Hrdlicka – Host – Attorneys.Media

“Is there any difference in how you approach a case? If the arrest occurs with a officer seeing erratic behavior, stops the car. Versus, a field sobriety checkpoint.”

Regina Tsombanakis– DUI Attorney – Fort Lauderdale, FL

“There’s a very big difference.”

Ray Hrdlicka – Host – Attorneys.Media

“Okay. Please explain.”

Regina Tsombanakis– DUI Attorney – Fort Lauderdale, FL

“When you have a field sobriety checkpoint, it’s usually the police department in that area. Let’s, say, the sheriff’s office. Okay, which has broad range all over the county, or one of the cities like Sunrise, or Aventura, they have their own police forces. So, any one of those police forces, for the safety of citizens, can set up a DUI checkpoint.

Now, you can’t get out of that DUI checkpoint. And you can’t say it’s an illegal stop. They have every right to stop you, once it’s established, according to the Rules of a DUI checkpoint. So, that’s that. Versus… you can contest an officer’s perceptions. Did I really go over? Like I’ve seen, sometimes, reports written where they say the person kept going into the other lane. And the truth of the matter is they went over the line once. I mean, that’s, they make it sound a lot worse than it is.”