Though we may groan at a traffic ticket or occasionally wish we could drive faster when running late, most Floridians agree with one very important traffic rule—do not drink and drive. Florida DUI laws are designed to ensure the safety of drivers, pedestrians, and cyclists alike, and DUI checkpoints play a major role in keeping drunk drivers off the roads.
But recently a Florida attorney spotted a loophole in Florida DUI laws that allows people to drive under the influence without so much as a ticket. Warren Redlich, a New York lawyer who relocated to Florida, recently posted a video on YouTube providing insight on how to dodge sobriety checkpoints. The video has since gone viral and now has millions of hits.
According to Redlich, drivers can conceal the smell of alcohol, slurred speech, and impaired motor coordination by simply refusing to roll down their window. Redlich advises drivers to keep their windows closed and show officers a flyer he developed that he calls the Fair DUI Flyer.
The flyer reads I want to remain silent; no searches; I want my lawyer. In addition to showing the flyer, Redlich advises drivers to show their license, registration, and insurance information by hanging it in a plastic bag out their closed window.
Redlich and his associates have uploaded videos of their DUI-evasion technique in practice. In the videos, officers read the sign and simply wave drivers through the checkpoint.
The Supreme Court ruled that DUI checkpoints were legal in 1990, and today, they are used to prevent drunk driving by law enforcement officials in Florida and 37 other states. According to research, DUI checkpoints have been able to reduce traffic fatalities involving drinking by 9 percent. As MADD president Collen Sheehey-Church told reporters from CBS News, Sobriety checkpoints and law enforcement are the key thing in stopping drunk driving.
The danger in this new loophole is that it could allow drunk drivers who would otherwise be instantly identified as dangerously intoxicated to pass through DUI checkpoints freely and continue driving. Unleashed back onto the roads, drunk drivers can easily cause serious accidents with other cars, pedestrians, and cyclists.
Drivers who are completely sober are unlikely to be interested in taking advantage of the Fair DUI Flyer. The drivers who do invoke their right to use this tactic are simply more likely to be the ones who have been drinking, and who feel the need to hide their boozy breath, slurred speech, and impaired motions. I know my constitutional hardliners wont agree with this statement.
Whether they are drunk or buzzed, these drivers are some of the biggest dangers on Florida roads. At a .04 BAC, a driver is 1.4 times more likely to have an accident and need to potentially seek out a car crash lawyer. With a .08 BAC, the risk jumps up and a driver is 11 times more likely to cause a crash. And by the time a driver gets to a .10 BAC, they are more than 48 times as likely.
The dramatically increased likelihood of accident is largely due to the effects of alcohol. A driver who has been drinking is likely to experience impaired vision, reduced reaction times, difficulty concentrating, and difficulty in understanding sensory information. Such drivers are more likely to neglect or ignore traffic signals, speed, and swerve into other lanes.
With the loophole, intoxicated drivers suffering from these effects are unleashed onto our roads, threatening the safety of themselves and everyone around them. If you or a loved one has been injured by a drunk driver who has been released because of this legal gap, it’s essential to contact a Florida DUI accident lawyer as soon as possible. A car crash lawyer can help you seek compensation for your medical expenses, lost wages, and other costs related to recovery, while helping you speak out against this dangerous legal loophole that is threatening our roads.