They’re somewhere every weekend in Ohio.  Do you know your rights if you happen to come upon a DUI Checkpoint?   There are several guidelines per a 1990 US Supreme Court Ruling and failure of any of these can only strengthen the Ohio Criminal Defense Attorney’s case for you against the state.

  • The location of the checkpoint MUST have a history of drunk driving or alcohol related accidents
  • The logistics related to the checkpoint MUST be documented
  • The residents of the area MUST be notified of the date, time, and location of the checkpoint a week in advance
  • The stops MUST be random

There should be reflective signs used at the checkpoint site and marked law enforcement vehicles and the entire area MUST be illuminated by lights or flares.  If you are one of the lucky ones stopped, it is important to be respectful to law enforcement. You are NOT obligated to comply with them – do identify yourself, but do NOT talk about where you were, where you are going or what you are doing. You do NOT need to tell them how much you had to drink.  You do NOT need to answer one of their favorite first questions, “have you been drinking?”.  You do NOT need to say anything.  You have the right to remain silent, and you need to use that right.  Ask only to call your criminal defense attorney in Ohio and let him do all the talking for you.

The stop is usually pretty fast, but remember it gives police a reason to check your tags, your license and of course a quick sniff of your breath and a peek in your vehicle. But they are NOT allowed to search your vehicle unless they have probably cause or if you agree to the search.

The Bottom Line: Checkpoint locations must be listed, so check back on my facebook or twitter accounts to get the details.  Do not fear, there are many ways to challenge a checkpoint and a good criminal defense attorney can do this.  Always remember that your constitutional rights still apply in a checkpoint situation. Remain silent.  Put my number in your mobile, and give me a call: 513-260-2099