at-checkpoint

DUI checkpoint encounters can create anxiety for anyone. U.S. Supreme Court has ruled that they are constitutional, so they’re a fact of life for drivers.  It’s best to know where they are. Here in Cincinnati, to make sure law enforcement doe not use checkpoints simply to apprehend offenders, federal DUI guidelines require law enforcement to announce the date and location of any planned roadblock to the public. As a result, you can often find out the date and location of roadblocks scheduled in your area in your local paper or here, or on my facebook and twitter pages which will give you the opportunity to stay clear of them.

If, by chance, you end up caught driving up to an unavoidable checkpoint, it can be a scary situation, so here are a few suggestions on how to get through it. But, the most important thing to remember is to remain as calm as you possibly can and polite.

You have rights.  Know them.  You must hand over your license and registration; have them ready, but say NOTHING. You do not have to answer anything, at all – the most popular questions are where you have been, where you are going and if you have had a drink. Smile and mention that you are exercising your right to remain silent. Don’t incriminate yourself.  No matter what you say, it can be twisted and used against you later.  If the officer asks you to get out of your car, do so.  If you don’t you could end up with a resisting arrest charge.

You have the right to say no to any testing. It’s safe to say that if an officer wants to do a test; he believes there is a reason for one. He probably believe the driver is under the influence.  You are not obligated to take any roadside tests or submit to a breathalyzer test. Refuse them, politely. Often, sober people fail these.  This does not prevent the officer from arresting you, but will give him much less evidence to support any arrest when it is challenged by your attorney later in court.

You have the right to call a criminal defense attorney in Ohio whether you are under arrest or not.  You can tell law enforcement that you will not participate in any questioning without first speaking with your lawyer.

If you are not under arrest, ask to leave, and go, immediately.

The Bottom Line:  DUI Checkpoints are heating up again as the weather starts to change. KNOW where they are and go a different way home.  If you find yourself being one of the vehicles pulled over at a checkpoint be sure to follow the advice above. But, know that even if you are arrested for a DUI it does not mean you will be convicted. There are many factors that can influence your case and it is in your best interest to work with an experienced Criminal Defense Attorney.  Call me immediately and I will help you.  513-260-2099