Can You Refuse to Speak to Police at a DUI Checkpoint?

 Posted on February 20, 2018 in DUI

Law enforcement commonly employs a “traffic safety” checkpoint strategy in an effort to identify drivers who might be in violation of one or more statutes while operating their motor vehicle. Such checkpoints frequently appear during holidays such as Memorial Day, New Years Eve, and 4th of July to find impaired drivers and issue tickets for other traffic violations.

Know Your Rights

Recent incidents have drawn greater attention to the need for police to obtain warrants in order to get a blood or urine sample from a driver who refuses or is unable to submit to standard breathalyzer testing. The No Refusal Checkpoint is a strategy law enforcement uses to obtain search warrants to test the blood alcohol content of drivers they suspect are impaired. During these events, prosecutors and judges make themselves available to expedite the process.

However, there are some legal professionals and citizens rights’ advocates who contend that motorists have the right to refuse to interact with police at a sobriety checkpoint.

• The Supreme Court legalized such checkpoints in 1990.
• Many believe these checkpoints violate a driver’s constitutional rights.
• Some anecdotal evidence exists that even drivers who passed breathalyzer tests were still charged for DUI because police insisted they smelled alcohol on a driver’s breath.
• Those opposed to the checkpoint strategy often counsel drivers on certain techniques to comply with basic police orders, while not exposing themselves to potential arrest.

Some legal professionals are on the record stating that simply providing a police officer with your driver’s license, registration, proof of insurance, and a note card informing the officer you are exercising your right to remain silent is a completely legal strategy for avoiding checkpoint arrest or citations. However, the practical side of the situation requires motorists to consider other possible consequences of their actions.

Protect Your Rights. Retain a Knowledgeable Arlington Heights Traffic Defense Lawyer

Even a citation for a minor traffic violation can have expensive consequences. Whether you decide to fight the offense in court or not, your automobile insurer can raise your premiums or impose higher deductibles in order for you keep your policy. If you decide to fight a traffic citation, moving violation, or other charges, be sure to obtain an experienced Illinois traffic offense defense attorney. Scott F. Anderson, Attorney at Law, understands the consequences you face when issued a citation, and uses resources to determine the best course of action that provides the most favorable outcome. Call the law offices today at 847-253-3400 to schedule a free consultation to discuss the details of your case.  

Sources:

https://www.nhtsa.gov/staticfiles/planners/NoRefusalWeekend/index.htm

http://www.chicagotribune.com/suburbs/aurora-beacon-news/news/ct-abn-no-refusal-arrests-st-1205-20171205-story.html

http://fox2now.com/2015/02/20/loophole-helping-drivers-skip-dui-checkpoints/

http://www.nola.com/crime/index.ssf/2015/02/dui_checkpoint_driver_rights.html