Have you seen YouTube lately? There is a video circulating wherein a DUI lawyer gives his perspective on what to do to get through a DUI Checkpoint without having to speak with the police and without getting arrested. This is an interesting concept and has caught on like wildfire as people are desperately trying to avoid getting questioned or arrested by the police. These DUI checkpoints have been set up throughout the country and they are designed to generate arrests. The police go into every DUI checkpoint stop with the preconceived notion that drunk drivers will pass through. Every individual subjected to the stop is looked at through that lens and, oftentimes, innocent people are arrested, as a result.
Here is what to do if you go through a DUI checkpoint.
Whenever you are interacting with the police, remember to remain calm. While this may seem counter-intuitive, police officers tend to think that you are doing something illegal if you are nervous or acting strangely. By remaining calm and behaving like you normally do, you are more likely to get out of most police interactions unscathed. With that in mind, when driving through a DUI checkpoint, you will be asked to pull your vehicle over so that an officer can approach your car. The proponents of the DUI Checkpoint video then suggest taking these steps:
- Place a flyer outside of your window that says “I want to speak to my lawyer, and I choose to remain silent”.
- Show your driver’s license, insurance card and registration.
All of this is supposed to be done outside of your car, with your window rolled up. Most people simply put the items into a plastic sleeve with a string attached. When the officer walks up to the car, the driver will have everything an officer would request right in front of them. This eliminates the need to speak with you and, as long as your paperwork is okay, you should be free to go. As a DUI lawyer, we understand that things are not always this simple but the concept is interesting, in theory.
Why it works.
In order for the police to arrest someone for the “belief” that they are driving under the influence, the driver must give them the opportunity to identify a cue that confirms their suspicions. For example, if you speak with an officer, that officer could claim that you have slurred speech. By remaining silent, that opportunity is eliminated. Simultaneously, if you roll down your window, the officer could claim that they “smell” something like drugs or alcohol. It could be spilled mouthwash or the odor of your drunken passenger; regardless, this gives them an opportunity to find something that is suspicious. If you can eliminate the opportunity by limiting your interaction with the officer, you may get through the DUI checkpoint fairly quickly.
Keep in mind that these steps will only work if you are driving correctly and legally. If an officer approaches your vehicle and can tell by a visual inspection that you are intoxicated, they may begin an interrogation instead of allowing you to pass through. Simultaneously, if you were seen driving erratically, this can be considered probable cause to initiate further questioning. In those cases, you should call a DUI lawyer right away so that we can ensure that your rights are protected.
