The DUI Checkpoint Stop

The DUI Checkpoint Stop
Despite the increased number of DUI checkpoints being put in place across the United States, most drivers are not prepared for the situation. As a result, many of those stopped in these checkpoints make unwise decisions, some which can often lead to their arrest.  Fortunately, by taking a few simple measures, you can prevent this from happening to you—here’s everything you need to know about the DUI checkpoint stop.

First and foremost, it is important to remain calm if you are ever stopped in a DUI roadblock. Lower your window and wait for the officer to approach you before speaking or taking any other action. Once the officer reaches your vehicle, you can expect him or her to ask to see your driver’s license, vehicle registration, and (in some states) your insurance information.

Although you are required to provide this information to the officer, as well as answer any other questions that pertain to your identity—such as your name or address—you do not have to answer any other questions. For example, if the officer asks you where you’ve been or if you have had anything to drink, you are under no obligation to answer.If you like, you can politely decline to answer any such question, as even a seemingly harmless response can incriminate yourself and be used as evidence against you in the future.

But just how do you “politely decline” to respond to an officer of the law? Your best strategy is to say something such as “I don’t care to discuss that with you, as I question the constitutionality of roadblocks” or “I would prefer not to discuss my personal affairs.” Make sure you repeat this statement for each and every non-ID related question you are asked, as answering some questions and avoiding others can lead to suspicion. Should the officer continue to question you, request that your driver’s license be returned (if it is still in the officer’s possession) and then ask if you are free to leave.

Remember, if you do not incriminate yourself by admitting to drinking or responding incorrectly, the officer will have no reason to arrest you for driving under the influence of alcohol. What’s more, in the event that you are arrested, your case could be dismissed due to insufficient evidence.  

If you were recently arrested after being stopped at a DUI checkpoint, make sure you discuss your case with an attorney immediately. In many cases, a skilled legal representative may be able to challenge the constitutionally of your arrest and get the charges against you dismissed.

To learn more about how you can protect your rights and avoid a life-altering DUI conviction, complete an online case evaluation to locate an experienced DUI defense attorney in your area today.