It’s New Years Eve and everyone is ready to celebrate. This holiday, probably more than any other, is know for heavy drinking. And, people might tend to stay our later than usual since it is customary to celebrate at midnight.
You might not be under the influence and you might be driving perfectly, but you could find yourself in a DUI checkpoint. Have you ever been in one? Do you know what to expect? Do you know what your rights are?
A DUI checkpoint is an area where police have set up a road barricade. Each driver in a DUI checkpoint is stopped and checked for signs of intoxication. Some of the signs are bloodshot eyes, odor of alcohol, and empty containers visible in the car.
If there is probable cause to believe that a driver is intoxicated, he or she will get detained. They will be asked to pull to the side of the road for further examination. All other drivers will be waived through the checkpoint and able to continue with their drive.
Obviously you need to show your drivers license, your registration and proof of insurance. If you don’t have that information in your care, make that your New Years resolution to put it there. You also need to put it in a place where you can quickly lay your hands on it. People are generally nervous when stopped by police or in a check point anyway. You don’t want to create suspicion by nervously fumbling around or being unable to produce the documents.
You do have to provide the papers. But if they start asking other questions, you can decline to answer. However, if you do that, you create more suspicion. If the offer suspects something, he officer will ask you to take a field sobriety test, to test your balance and coordination. You have the right to refuse and ask to speak to an attorney.
Once you arrive at the police station, request again to speak with an attorney if you haven’t done so, before submitting to any tests. You are required by law to take a blood alcohol test. If you refuse it, your license can be revoked or suspended. We suggest you submit to this test; even if the results show you’re intoxicated, we can question the test’s reliability and accuracy. If you’re given the option of a blood test or a breathalyzer, which only estimates your BAC, it’s better to choose the latter, because breathalyzer test results can often be suppressed.
If you have been charged with a crime, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.
For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.