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Do you have to comply with police at a DUI checkpoint? What Florida law says about that

Members of the Florida Highway Patrol, Florida Department of Transportation, Miami-Dade Fire Rescue, Road Rangers and other first responders gathered outside FHP’s Miami Troop E headquarters in West Miami-Dade on Jan. 24, 2024, to spread awareness of a new addition to Florida’s Move Over traffic law
Members of the Florida Highway Patrol, Florida Department of Transportation, Miami-Dade Fire Rescue, Road Rangers and other first responders gathered outside FHP’s Miami Troop E headquarters in West Miami-Dade on Jan. 24, 2024, to spread awareness of a new addition to Florida’s Move Over traffic law hcohen@miamiherald.com

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Rules of the road

Can you text while driving? Or shave behind the wheel? What about driving in the left lane? Our series on Florida driving laws.

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When police set up DUI checkpoints in South Florida, do you need to stop and comply?

Here’s what to know:

Can you refuse a DUI checkpoint in Florida?

Taking the test: Under Florida law, driving is a privilege. And if you accept the privilege of operating a motor vehicle with a driver’s license, then you have implied your consent to blowing into a breath test or taking a blood or urine test. You do not have to take a field sobriety test, such as walking a straight line.

You can refuse to take a chemical or physical roadside test, but that could lead to the suspension of your driver’s license for a year for a first offense, or 18 months if you’ve previously had your license suspended.

READ MORE: Florida cops say you can be fined for speeding next to disabled cars in expanded Move Over law

Drivers need to comply if stopped at a DUI checkpoint.
Drivers need to comply if stopped at a DUI checkpoint. Miami-Dade Police

Do you have to pull over at a sobriety checkpoint?

The rule: If a police officer pulls you over at a DUI checkpoint, you have to comply, as well as supply your license and registration. This driving rule applies all the time, and not just apply at DUI checkpoints. Pedestrians on public sidewalks typically don’t have to give police their ID unless they’re being accused of a crime. See all the YouTube videos about that.

MORE: Can you text behind the wheel in Florida? What the law allows may surprise you

Can you turn around to avoid a DUI checkpoint?

How to avoid the stop: You can turn around to avoid a DUI checkpoint if it’s a legal maneuver and safe to do so, according to The Law Place, a Florida legal firm.

But if you are seen turning around as you approach the area, your move may arouse suspicion and lead an officer to pull you over — especially if the quick turnaround breaks any traffic laws.

This story was originally published February 5, 2024 at 10:18 AM.

Howard Cohen
Miami Herald
Miami Herald consumer trends reporter Howard Cohen, a 2017 Media Excellence Awards winner, has covered pop music, theater, health and fitness, obituaries, municipal government, breaking news and general assignment. He started his career in the Features department at the Miami Herald in 1991. Cohen is an adjunct professor at the University of Miami School of Communication. Support my work with a digital subscription
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Rules of the road

Can you text while driving? Or shave behind the wheel? What about driving in the left lane? Our series on Florida driving laws.