The DUI Stop & Field Sobriety

Are DUI checkpoints legal in Florida?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Yes, when properly conducted. The question in any given case is almost always execution rather than the concept.

Checkpoints are permitted in Florida. The concept has been upheld; what gets litigated is how a particular one was run.

The requirements track the reason checkpoints are allowed at all — neutrality. Officers aren't selecting individuals, so the intrusion is minimal and evenly distributed. That reasoning collapses if officers in the field are exercising discretion, at which point it becomes a suspicionless stop.

So the questions are procedural. Was there a written plan created in advance by supervisors? Did it specify the stopping criteria? Was advance notice given? Was site selection documented? And did officers follow it on the night in question?

Each is answerable with records, and the records don't always match the testimony.

"Legal in Florida" and "legal that night" are different questions. ---

Talk to an Attorney — Free

An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.

This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.