It is essential that you know your legal rights at all times, so you can understand when they are being violated. The Florida criminal defense lawyers at The Alers Law Firm can review the circumstances of a traffic stop to help you determine whether your rights have been violated.
A police officer does not have unlimited power during the course of a DUI stop. You have certain protections under the United States Constitution that apply to a traffic stop and to a subsequent criminal case against you. The violation of your legal rights can have a number of consequences for law enforcement, including the potential dismissal of your case.
Learn more by speaking to an experienced Florida DUI defense attorney at The Alers Law Firm. We are just a phone call away, and we can offer you a free initial consultation to discuss your case.
You Do Not Have to Answer Questions
When the police officer pulls you over, they have done so because they have a reasonable suspicion that you may be impaired. At that point, they may not yet have probable cause to make an arrest. Based on the reasonable suspicion standard, the police officer is free to question you as part of an investigatory stop. However, there is nothing that says that you need to cooperate with police by answering their questions. In fact, you are advised to decline to answer what the officer asks you, especially if they are inquiring about whether you were drinking and how much you may have had.
You Do Not Have to Consent to a Search
When you have been pulled over during a DUI stop, you are protected by the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures. The police officer may ask you to allow them to search your vehicle. If you give consent, you would be waiving your rights. Accordingly, you should never consent to a search. The police officer may have the right to conduct a limited search of the area directly around you and within your immediate reach, based on the reasonable suspicion standard. If they begin to develop probable cause during the stop, they may search a broader area of the vehicle (although not likely all of it). The police officer may ask you if it is okay if they look into the trunk of your car, and you should never say yes.
You Do Not Have to Take a Breathalyzer Test
It is your choice whether to submit to a breathalyzer test, subject to an important caveat. When you have a driver’s license in Florida, you are giving implied consent for police to administer a breathalyzer test if there is a suspicion of impaired driving. The police officer cannot force you to take a breathalyzer test. You can always say no, although you would be subject to an automatic license suspension.
Police Must Read Your Rights if You Are in Custody
Police may not need to read you your Miranda rights during the early stages of a DUI traffic stop, when they are conducting their initial investigation. However, once you are under arrest or have been taken into custody and are not free to go, the police must read you your rights. At that point, if you express that you wish to exercise your right to counsel, all questioning must stop. However, law enforcement has developed an expertise in working around the margins of Miranda rights and still continues to try to elicit damaging information.
Even if you are reading this after the fact, it is essential to know what your legal rights were during a DUI stop. If police violated your legal rights at the time, it could be sufficient grounds for you to challenge the charges against you and mount a vigorous legal defense. Your criminal defense lawyer would argue why and how police violated your rights and why you should either be acquitted of the charges against you or they should be dismissed.
Contact a Florida Criminal Defense Law Firm Today
If you have been charged with a crime, you need immediate legal representation. Call the experienced Florida criminal defense lawyers at The Alers Law Firm to learn more about whether you may have potential defenses to the charges against you. Schedule a free initial consultation by messaging us online or by calling us today at (407) 930-4888.
Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.
