DUI Checkpoints During the Holidays: The Not-So-Wonderful Time of the Year
The holidays are quickly approaching, making it a good time to discuss the implications of the season. While many Floridians are keeping spirits bright this year by throwing holiday parties and hosting family gatherings, they must also be aware of heightened police patrols and DUI checkpoints. This is because holiday parties inevitably imply the consumption of alcohol, oftentimes in excess, and driving under the influence afterward. Therefore, you must be cautious when choosing to get behind the wheel while intoxicated or impaired by alcohol or drugs, as you are more likely to get caught by the police and arrested, stopped at a DUI checkpoint, or hurt yourself and others during the holidays. To learn about your legal rights at DUI checkpoints in Miami, click here.
Should you get stopped at a DUI checkpoint during the holidays, police officers must adhere to strict laws and regulations to ensure they don’t violate your legal rights. Unlike regular DUI stops, DUI checkpoints don’t require probable cause to stop a vehicle. However, officers must still follow specific protocols.
Understanding Miranda Warnings
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand each of these rights I have explained to you? Having these rights in mind do you wish to talk to us now?
Miranda warnings are what police officers must give and advise you of before any custodial interrogation, or questioning that takes place while in custody. What many people don’t know is that by law, police officers can only ask you certain questions, such as your name, address, and date of birth, before reading your Miranda Warnings prior to custodial interrogation. If the police violated the law by failing to read your Miranda Warnings properly, then anything you say following such violation may be inadmissible in court.
For instance, if you get stopped at a DUI checkpoint after driving home from a holiday party and an officer suspects you are intoxicated, they may administer a breathalyzer test. If you blow above .08, then they may arrest you and take you to the police station. Once you’re in custody at the station, the police may only interrogate you about your reported offense after reading your Miranda Warning. If they violate the law by failing to read your warning, then any following statements must be thrown out.
To learn more about Miranda Warnings, click here.
Arrested? Contact Jonathan Blecher, P.A. Today.
One of the scariest encounters is one that involves the police. During the holidays, you can expect to see more police patrols in Miami working to identify intoxicated drivers by establishing DUI checkpoints around the city. Thus, you must know your legal rights to best prepare for a possible encounter with the police and a potential DUI arrest.