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Most drivers, when approaching a DUI checkpoint are nervous and scared. As a criminal defense attorney, I want everyone to know how important it is to understand your rights when it comes to facing potential interactions with law enforcement. Checkpoints are posted before in the news, on social media, etc and are in place to find and stop drunk drivers.

Drivers, if nervous or flustered, when approached, can demonstrate body language that can show fear and offer suspicion to prolong the stop. For this reason, everyone needs to know their rights because most officers won’t remind you of them. Your Constitutionally protected rights include no unlawful searches and seizures and the right to remain silent and refrain from incriminating yourself.  The courts have ruled on both issues and the benefit of catching drunk drivers at DUI checkpoints outweighs the short stop that drivers must face. These checkpoints have also led to felony arrests and other citations issued.  While the main focus is on drunk driving, it is still a traffic stop where officers can enforce other laws as well.

Be respectful when approached, and have your window down. Only answer questions in reference to your identification, insurance, license and registration. These questions are the ONLY questions you MUST answer. The best criminal defense attorney will tell you that the only thing to do after this is remain silent. Often law enforcement will ask where you are coming from, where you are headed or how many drinks you have had to gather information and watch your behavior. This is their way to see whether you have been drinking and justify pulling you over to a secondary stop location where more questions will be asked to further investigate charging you with a DUI. If you are asked to step out of your car for testing, you have the right to NOT participate in these tests.  If there is no suspicion of the driver being under the influence, the stop likely will last about 20 seconds.

The Bottom Line:  At a DUI checkpoint the officer will likely not remind you of your rights.  You have Constitutionally protected rights, and there are options if you are facing charges as a result of the checkpoint. An aggressive criminal defense attorney can help with the case and ensure all of your rights have been protected. Call me. 513-260-2099