Guest Post: 4 Tips to Survive A DUI Checkpoint

I received an email via my contact page from Brandon Leuangpaseuth, who wanted to share some tips to get through a DUI checkpoint. - Tom.

There has been a lot of controversy with the legality of checkpoints because you are protected
by the 4th amendment from unreasonable searches and seizures. However, the Supreme Court
evaluated the entire circumstance of DUI checkpoints. They determined that the state's interest
in safe roads and the success rate of finding impaired drivers weighed against the average
delay of less than 30 seconds per driver meant that the search and seizure were not
unreasonable. The U.S. Supreme court upheld the legality of DUI checkpoints.
The best way to survive a checkpoint is to be completely sober. However, if you had a few
drinks and you encounter a police DUI checkpoint, here are 4 tips to surviving the checkpoint.

1. Use Your Right To Remain Silent

The majority of checkpoint encounters would start with the police officer asking you a series of
questions to determine if you have been drinking. What a lot of people don’t realize is that you
are not obligated to answer any of these questions. You are protected by the 5th amendment
and have the right to remain silent and not have to contribute to your own potential demise. If an
officer asks you if you had any drinks tonight, you can just say “I respectfully decline to answer
these questions, and I would like to talk to
my lawyer”.

Anything you say, can and will be used against you in a case if you are arrested. If you
answered that you had a few drinks, the officer has some suspicion that you are potentially
breaking the law. No matter how nice the officer may seem, they are doing their job - trying to
get evidence to support a case against you.

2. Refuse the Field Sobriety Test and the Breathalyzer Test

Most people think that if they refuse the field sobriety test or the breathalyzer test, they will get
their license suspended. This is a common misconception. The only time you will get your
license suspended is if after you are arrested and you refuse to take a breathalyzer or blood
test. If you decline the field sobriety test or the breathalyzer test before the officer has any
probable cause to arrest you, you will be okay.

The officer is collecting evidence to determine if they have probable cause that you have
committed a crime. Failed completion of field sobriety tests is used, in the officers eyes, as
evidence that a crime has been committed. The field sobriety test is a difficult test to take even if
you are completely sober. In a field sobriety test, an officer will administer three tests to
determine if you are intoxicated: the horizontal gaze nystagmus (HGN) test, the walk-and-turn
test, and the one-leg stand test. It is in your best interest to not provide any excess evidence to
allegations of you committing a crime.

3. Do Not Get Out of Your Car (Unless There Are Signs of Alcohol And You Have To)

Officers have no right to force you out of your car unless they have reason to believe that you
are drunk. However, slurred words, an open container or the aroma of alcohol can be enough
probable cause to make a case for a DUI. Going this route, the officer has to establish exactly
what they are being arrested for a DUI.

Oftentimes, the police officer will ask you to step outside and you should always respectfully
decline. Do not give the officer probable cause to arrest you.

4. Don’t drive through!

You do not have to drive through a DUI checkpoint. You can turn around and simply not drive
through the DUI checkpoint. There are no laws forcing you to drive through a DUI checkpoint.
As long as you do not commit a crime i.e. an illegal turn or any other traffic violation, the officer
does not have enough probable cause to pull you over and detain you. Oftentimes, DUI
checkpoints can be a long line and you are not obligated to wait in the line.
If you have been out and drinking, and you do not want to deal with the hassle of a DUI
checkpoint, just turn around legally and you will be fine.

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