Thread: How to handle a DUI Checkpoint.

If a cop asks you have you been drinking; answer "I don't drink".

Now he either has to change the subject or prove you drink.

And you better not be over h limit.

But if you are not, time for them to move on to something else.

Btw, that was advice from the FOP.

Originally Posted by Cigar

If a cop asks you have you been drinking; answer "I don't drink".

Now he either has to change the subject or prove you drink.

And you better not be over h limit.

But if you are not, time for them to move on to something else.

Btw, that was advice from the FOP.

I disagree.

Do not lie. If you do drink, don't say "I don't drink".

And I know in California at least, you either comply with the follow up questions and test, or at a minimum you lose your license.

All the cop has to say is that he believed you were driving eratically to justify a field sobriety test.

Originally Posted by Cigar

If a cop asks you have you been drinking; answer "I don't drink".

Now he either has to change the subject or prove you drink.

And you better not be over h limit.

But if you are not, time for them to move on to something else.

Btw, that was advice from the FOP.

Sorry, Cigar, but the police do not have to prove anything. They have to have reasonable cause to believe. Then, off your go to the pokey. There is a blood or breath test, which you can't refuse, to establish whether or not you have alcohol in your system. You stay in jail until you've sobered up. You hire and attorney and spend a few thousand dollars. You face public embarrassment. And, somewhere down the way, you go to court.

The best course of action in dealing with DUI roadblocks is to arrive sober. No alcohol, no pills, no marijuana. Drive sober and worry less.

Originally Posted by Cigar

If a cop asks you have you been drinking; answer "I don't drink".

Now he either has to change the subject or prove you drink.

No, the best answer is simply to refuse to answer. Don't say anything. An "obvious lie" can give the police reasonable suspicion to investigate further. Refusing to respond cannot.

Originally Posted by PatrickT

There is a blood or breath test, which you can't refuse, to establish whether or not you have alcohol in your system.

You can refuse it, you'll just lose your license (administratively) for a period of time.

If you're drunk, it's better to refuse it, because you've got nothing to lose by refusing. If you refuse and they convict you anyway, you still lose your license.

Originally Posted by BullsLawDan

No, the best answer is simply to refuse to answer. Don't say anything. An "obvious lie" can give the police reasonable suspicion to investigate further. Refusing to respond cannot.

You can refuse it, you'll just lose your license (administratively) for a period of time.

If you're drunk, it's better to refuse it, because you've got nothing to lose by refusing. If you refuse and they convict you anyway, you still lose your license.

O.K., different states, different laws. If you have out of state plates they stop you in a lot of states. A lot of the time they will simply say it didn't look like you had yor seat belt fastened. Then they will ask for your drivers lic., proof of insurance, & registration. Now, since you DID have your seat belt fastened, anything they ask for now and you give is voluntary on your part. They simply asked for it. When they give the reason they stoped you and they see that there is no violation, you can simply say, "Thank you officer, have a nice day", and drive off.

Originally Posted by beenthere

O.K., different states, different laws. If you have out of state plates they stop you in a lot of states. A lot of the time they will simply say it didn't look like you had yor seat belt fastened. Then they will ask for your drivers lic., proof of insurance, & registration. Now, since you DID have your seat belt fastened, anything they ask for now and you give is voluntary on your part. They simply asked for it. When they give the reason they stoped you and they see that there is no violation, you can simply say, "Thank you officer, have a nice day", and drive off.

Of course you can. "You didn't stop for the red light." "Good-bye, Officer." And the officer will just stand and wave as you drive off into the sunset. Of course he will. Now, let's see a show of hands. How many people believe that?

The best way to deal with a DUI checkpoint is to drive up sober. If you want to drive drunk and get away with it you're a scumbag and so's your lawyer.

Originally Posted by beenthere

O.K., different states, different laws.

Well, the concept of "reasonable suspicion" comes from the case of Terry v. Ohio, which applies in all 50, since it was a Supreme Court case.

If you have out of state plates they stop you in a lot of states. A lot of the time they will simply say it didn't look like you had yor seat belt fastened. Then they will ask for your drivers lic., proof of insurance, & registration. Now, since you DID have your seat belt fastened, anything they ask for now and you give is voluntary on your part. They simply asked for it. When they give the reason they stoped you and they see that there is no violation, you can simply say, "Thank you officer, have a nice day", and drive off.

Sure, once it is determined there is no violation (or write you a ticket for whatever the violation is going to be), you are free to go and the encounter becomes voluntary.

Originally Posted by Jebediah

Totally illegal unless he had probable cause prior to the stop. A bunch of cops got in trouble for this down in Texas.

I don't believe it is illegal for a cop, who has made a legitimate stop, to look inside the car.

Originally Posted by PatrickT

Of course you can. "You didn't stop for the red light." "Good-bye, Officer." And the officer will just stand and wave as you drive off into the sunset. Of course he will. Now, let's see a show of hands. How many people believe that?

The best way to deal with a DUI checkpoint is to drive up sober. If you want to drive drunk and get away with it you're a scumbag and so's your lawyer.

If you ran a red light, smile and except the ticket. If they stoped you because they didn't think your seat belt was fastened, and it was, they have no reason to ferther detain a citizen from going about his lawful business.

Originally Posted by BullsLawDan

Well, the concept of "reasonable suspicion" comes from the case of Terry v. Ohio, which applies in all 50, since it was a Supreme Court case.

Sure, once it is determined there is no violation (or write you a ticket for whatever the violation is going to be), you are free to go and the encounter becomes voluntary.

Sorry kids, I was a reserve officer for a number of years and have 3 son-in-laws that are offices. We do talk and exchange cases.