When are you free to leave a dui checkpoint under Nevada law?
If I was stopped in a dui checkpoint I would say "I want a lawyer present before I answer any questions" and "I want to leave unless I am under arrest." My understanding is that a police officer has to allow you to leave unless he decides to arrest you. So how long can a polic...
If I was stopped in a dui checkpoint I would say "I want a lawyer present before I answer any questions" and "I want to leave unless I am under arrest." My understanding is that a police officer has to allow you to leave unless he decides to arrest you. So how long can a police officer detain me after I say I want to leave a dui checkpoint under Nevada law?
In several states, authorities have set up checkpoints where officers can question drivers in an effort to catch drunk drivers. These checkpoints are often set up during holidays when people are more likely to drink, such as New Year’s Eve. Courts in the majority of states have upheld these checkpoints against challenges that these checkpoints are unconstitutional.
Nevada law specifically allows them, at random, and at a frequency of twice per month.
You are free to go when the officer says "Thank you, drive carefully" or words to that effect.
You are entitled to Miranda rights which include an attorney present only if you are in custody and about to be questioned about a specific charge against you. But those words coming from you about leaving unless under arrest could be considered as evidence enough to hold you for further questioning.
i dont know what the navada law is but in most states a dui chekpoint their only reason 4 being their is to catch drunk drivers not a criminal investagation the only questions u might get asked r where r u going where did u come from and have u been drinking tonight and i need too see your drivers licesens and insuriance card after cheking your id and insurance card and if u havent been drinking he should let u leave