Beware of DUI Checkpoints on Halloween


October 19, 2012     By Galanter Law

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To keep the streets safe from drunk drivers this Halloween (Wednesday, October 31, 2012), the Miami-Dade police force is expected to put DUI patrols and sobriety checkpoints in place. The legality of DUI checkpoints in Florida is upheld by the federal Constitution and occur not just on holidays, but 15 to 20 times a month. In Florida, the county is not required to announce the location of the DUI checkpoint.
However, some counties will disclose this information to their local news stations and radio channels. For example, in Miami-Dade County, the police will sometimes (but not always) announce the location of the DUI checkpoint in Miami. If you are stopped at a DUI checkpoint, you have the same rights as you would at any other kind of normal traffic stop. The officer will ask you for your license and registration, during which time he will be observing you for signs of impairment. If the officer has reasonable suspicion that you are driving while impaired, the officer may subject you to physical or chemical testing to determine if you are over the legal limit. In Florida, if your blood alcohol concentration (BAC) is .08% or above, the law considers you legally intoxicated and you can be charged with a DUI. If you are under the age of 21 and your BAC is .02% or above, you can be charged with a DUI.

The Law Offices of Yale L. Galanter, P.A. want to remind you to know your rights as a motorist during a sobriety checkpoint. You do not have to provide any identifying information besides your license and registration. Also, you have the right to remain silent and you should exercise this right, until you have a Miami criminal lawyer present. Also, you should not plead guilty to a DUI charge without first consulting with a Miami DUI lawyer.

If you are facing criminal charges for a DUI, a Miami DUI lawyer is your best defense against further repercussions. If you have been arrested for DUI or traffic crimes such as: DUI Manslaughter, Culpable Negligence, Leaving the Scene of an Accident, or Leaving the Scene of an Accident with Injury and/or Property Damage, Reckless Driving, Careless Driving, Speeding, Unlawful Turn, Disobey Traffic Control Device, contact the Miami law offices of Yale Galanter.

ABOUT THE AUTHOR: Yale Galanter
Yale Galanter, a Miami Criminal Lawyer, is a nationally recognized authority in the field of criminal litigation. He is an expert in the area of criminal trial law with more than 30 years of experience.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.