DUI Checkpoint: 5 things cops CAN’T make you do


As a DUI defense
attorney, one question I get from people all
the time is, can I refuse a DUI checkpoint? And the answer is
if you actually drive up to the
front of a checkpoint where the officers are
stopping motorists, then you have to stop
and roll down your window and provide your
license and registration and proof of insurance. But there are several key
things that you do not have to do at a DUI checkpoint. First of all, you do not
have to answer any questions about where you’re coming
from, or whether you’ve been drinking, or
how much you drank. Secondly, you do
not have to perform the field sobriety tests,
such as the one-leg stand test or the walk and turn test. Thirdly, you do not have to
take the pre-arrest handheld breathalyzer called
the PAS test, that is, unless you are on DUI
probation or you’re under 21. Moreover, the police cannot even
order you out of your vehicle unless they have reason to
believe that you’ve been drinking. But the key thing that
most people don’t realize is that you can turn
around before you get to the checkpoint. There’s no law
that says that it’s illegal to turn around in order
to avoid a DUI checkpoint. And in fact, doing so does not
give the police probable cause to detain you, as long as
you don’t commit any traffic violations in the course
of turning around, such as an illegal U-turn
or failure to signal. And in fact, I turn around
before I reach DUI checkpoints all the time, not because
I’ve been drinking, but because I don’t want
to sit in that line. So the upshot is this. If you’re approaching
a DUI checkpoint and you have been drinking
and you have the opportunity to turn around and go the
other way legally and safely, then you should do so. But if you do get
detained, remember that you don’t have to do
anything other than provide your identification.

100 thoughts on “DUI Checkpoint: 5 things cops CAN’T make you do

  • All (and I do mean all) of the cities around St. Louis, have worked it out so they always set up the check points in places, where, by the time you discover the check point, it is not possible to turn around without doing so illegally… This forces ALL traffic to go through the check point. They always have a car ready to pull over, any driver that does attempt to turn around, as they can and will give that car a ticket for an illegal U Turn.

  • put your'e money where your'e mouth is buddy next video show us you refusing a cops orders ,and arguing with him about it i want to see how that turns out. remember these guys get away with murder 9 out of 10 times.

  • If you stand for your rights the cops always bully back by saying well we arrest you and take you to the station..or we can charge you with extra charges, etc..law enforcement should not have legal rights to bully using these tactics

  • They usually set up the check points that you can't turn around .they put them where by time you see them there is not a turn around and if you do turn around your getting pulled over for doing an illegal turn..citizens are set up to fail

  • You can be civil. But you do not have to answer questions. Actually, you really shouldn't. If the cop asks if I have been drinking tonight and I have not been, No is all I say. If he said, how about those Orioles, I'd say 11 and 22, just great huh? If I had even one beer I'd respectfully state that I will not answer any questions. If he asked to search my car, I'd say No. If he asked me to do a road side sobriety test, No. Breathalyzer? No. Blood test, okay. Just because they can be asses don't mean you have to be one too. Just protect yourself legally. Best bet — Don't drive impaired. Hang around for another hour or two and sober up. Coffee, water, pee a lot.

  • Probable Cause is ALL they need (right or wrong) to pull you out of your car or vehicle. Evading the STOP is construed as reaching that level. Again, refusing any of the tests (if getting that far) builds on that "probable cause' factor. The Meer Fact it's your right may land you up in lockup anyway. Not good advise here.

  • If you enable one person to get away with drinking and driving, and that person causes an accident the same night, then blood is on your hands.

  • O you don't have to roll down window or povide id that's a violation of due process AND your fifth amendment protections

  • https://duckduckgo.com/?q=dui+window+sign&t=abpbrowser&iax=images&ia=images&iai=http%3A%2F%2Fwww.carcrushing.com%2Fwp-content%2Fuploads%2F2015%2F01%2FFair-DUI-FL-Flyer-1.jpg

  • Where did you get your legal training. Try that in AZ and expect go to jail. Refuse to do a breath check and expect to lose your car for a month. Grow up dude and realize these check points do a lot of good.
    And just in case you think I am pro cop you are so wrong it is pathetic.

  • Lmao @ turn around before the checkpoint. Right bro, that would never make the cops send a cruiser after your ass. They typically have about 6 police vehicles on site waiting for buffoons like you.

  • License, Registration and Insurance that’s it! If you got proof or probable cause that I’ve been drinking, do your thing.
    Never, ever, talk to the Police, believe me, they’re not trying to HELP you! Take heed: Anything you say can and (will) be used against you in the court of law.

  • I PERSONALLY DON'T TRUST lawyers PERIOD, SCUMBAG. I'M MORE OBEDIENT TO LAW ENFORCEMENT OFFICIALS. LAWYERS CAN'T BE TRUSTED.

  • These comments only apply in the USA. In other countries different laws require people to undertake sobriety tests. e.g. blowing in a machine designed to test for alcohol.

  • I HAD A POLICE OFFICER IN SUFFOLK COUNTY NEW YORK TELL ME TO DO A FIELD SOBRIETY TEST BECAUSE I DIDN'T SEE A SIGN IN THE DARK. HE PULLED OUT A PENCIL AND HE DROPPED IT AND TOLD ME TO CATCH IT BETWEEN MY HANDS. THEN HE DROPPED IT AND I CAUGHT IT AND THEN HE SAID TO GIVE HIS PENCIL BACK AND SAID HE WANTED ME TO PERFORM MORE TESTS. I THREW HIS PENCIL TO THE GROUND AND SAID NO AND GO GET YOUR MACHINE. HE THEN SAID HAVE A NICE DAY AND DRIVE MORE ATTENTIVELY AT NIGHT. FLUCKEN JERK I WIN!

  • Piece of shit lawyers showing how to defend criminals…..if you HAVE not been drinking, then nothing to worry about.

  • cant come after you????; I have seen cops deliberately chase after people that turn around before the checkpoint.

  • why would you not want to take a test. doesn't encourage drivers to drink and drive if you can get away with it. Do you think drivers should be allowed to DUI?

  • Be very careful about following legal advice that is NOT specific to your region. In Canada, most of this advice is not accurate. If the demand for a field sobriety test is given with the proper wording and/or a roadside breath test, if you refuse, you can be convicted of an offence which carries the same penalty as the impaired driving offence. In addition, if you are approaching a RIDE or other checkpoint operated by police, and you are within their sight, and you turn around or exit the roadway to turn around, they will send a car to get you, and you will likely be in the exact same position you would have been had you gone through the stop. Now, under the Highway Traffic Act of most provinces, you only have to provide your documents to the officer, and do not have to answer any other questions. They will ask, trying to get a whiff of your breath to provide some grounds for the demand. That said, the latest iteration of the impaired law in Canada all but eliminates the requirement for probable cause, so refusing to answer questions, while perfectly legal, may arouse suspicion in an officer, and result in the demand anyway.

  • The cop says " I smell the odor of an alcoholic beverage." After that, your statements have all the validity of an idiot with Tourette's Syndrome, when he's agitated and off his meds.
    If you believe your own bullshit, you have never practiced law, unless maybe a real estate deal or some other paperwork related cases. You are giving pathetic advice that simply has no bearing on real life.

  • Okay if I'm not mistaken they usually will let people know where they will be a check point at on the news or even on the police website for your area or at least here they do.

  • Pigs will lie to you all the time and say these things are illegal. Look far ahead when you drive and once you see multiple lights turn around immediately.

  • if you turn around at a check point, you WILL get chased down. had it happen 4 TIMES. in my life. and i dont EVER drink, and my record is clean for driving

  • Doing a U-turn to avoid an RBT is illegal here in Australia.
    They pull you over using a chase car and charge you with avoiding an RBT check point.

  • I turned around "legally" trooper followed & stopped me .
    short story.

    He said the Supreme Court says they can stop you for avoiding a dui check point .
    I told him the Constitution was older than the Supreme Court & he was wrong .
    He asked to see my drivers Lic so I showed it to him .
    He reached for it & I pulled it back & said you saw it !
    In my state the law says if asked you must show it , I did !
    Extremely pissed he decided he had more than enough of me & decided we were done.
    AS he was walking away I asked , WHAT IS YOUR NAME ? LOL !

  • Just turn around before you get to a check point or even stop to get your license out of your purse before you get to it, if you turn around they will chase you down and pull you over, if you stop before you get to it they swarm your vehicle and search around your vehicle for drugs and alcohol, the turn around tip is a joke, try it in Mississippi

  • Forgot to add that a refusal (in most jurisdictions) to submit to a breath test will result in mandatory suspension of your drivers license.

  • If you attempt to turn around in front of a DUI checkpoint where I live, and they see you, you're liable to see if said of gumballs flashing in your rearview mirror pretty damn fast!! Been there freaking done that

  • ALWAYS run video….they are, why shouldn't you? Most cops don't like being filmed, they'll just tell you to 'have a good day' and move on.

  • In Nebraska , turning off to avoid a checkpoint at the warning sign, was considered a furtive movement for which we were stopped.

  • Whoever posted this is an idiot you have to obey the law you have to obey the officer no matter what he says you will obey or go to jail or get shot dead the man posted this is an idiot and a communist

  • Kind of funny 😂 white guy telling what you don't have to do. Apparently he doesn't watch the news about police brutality. They WILL CHASE YOU.

  • Sure, you can turn around before the checkpoint. In my neck of the woods you will be pulled over immediately.

  • Just tell them as you coast in and they ask you if you have been drinking (OMG I'm a non drinker and why would anyone drink? And officer if they did it's terrible they would drive, I hope you get them all." ) They smile and I drive on, even once when I was a young man we all were drinking Beer had it hid under the seats. Hey the Cops Lie to you so why not give them a Huckleberry Fin answer. lol

  • HOLD IT.. THE POLICE CANNOT ORDER YOU OUT OF YOUR VEHICLE… BETTER RECHECK THE LAW ON THAT… THE POLICE WON A SUPREME COURT CASE WHERE THE SUPREME COURT RULED YOU MUST EXIT YOUR VEHICLE WHEN ORDERED TO BY THE POLICE..EVEN IF YOU HAVE DONE NOTHING WRONG. JUST SAW A VIDEO WHERE A COP SHOT A KID 5 TIMES BECAUSE HE REFUSED TO EXIT HIS VEHICLE BECAUSE HE HAD DONE NOTHING WRONG. NOW THIS IDIOT ATTORNEY IS TRYING TO GET US ALL SHOT. WITH BAD LEGAL ADVICE.

  • “The current state of search and seizure law allows a police officer to order a driver and the passengers out of vehicle that is stopped for even a minor traffic violation. However, the law does not require you to answer any questions or to consent to a search of your vehicle.” This issue was decided several decades ago in Pennsylvania v. Mimms (1977) that an officer may order a driver out of their car during a traffic stop.

  • Why show proof of insurance, my state offers the option of the uninsured motorist fee?. It covers the other driver should you hit him accidentally or on purpose but not you. It's over all cheaper then legal liability insurance, which invariably go up every 6 months and you pay it once a year. Since insurance is a rip off, you realize a significant annual savings. But if you are a bad driver it offers no significant advantage.

  • Physical sobriety tests are grossly unfair. Some people have difficulty standing on one leg or walking heel to toe. Those test are all for show and are designed to humiliate.

  • And where does this dude live? I bet your ass if you turn around at a checkpoint in South Carolina, they coming for ya , Bet, and nines times out of ten , they got a cop posted up in all directions 200 yards before you even get the checkpoint, just in case you decide to turn around, so I advise it’s best just to have sum gum handy and a horseshoe up ur ass if you’ve been drinking , or hopefully you’ll know the cop, lol

  • Simple, don't drink and drive. Have enough respect at least for another person even when you have no respect for yourself.

  • Give them your drivers license but do not ever talk to them, ever, except to ask to phone a lawyer.

  • I made a left turn before the checkpoint to get on a freeway & cop followed me & pulled me over .. i had a turn signal when making a left & when pulling over .. i asked why hes pulling me over he said no turn signal .. only thing i did was show id & insurance .. but later was released.. what are our rights ?

  • Make sure you have your safety helmet on and have toilet paper because if you don't do what they asked they'll beat the shit out of you

  • So,let me get this straight. Drink,drive,get away with it. Kill a family on the road. Yeah,great idea. I have no problem with a breathalyzer, keep the bastards off the road.

  • try making a u-turn at a checkpoint see what happens quiz later they're talking about a perfect world that doesn't exist

  • I am so blown away by you pretty much advising someone who has been drinking and then chooses to get behind the wheel and put everyone on the road at risk to turn around. Are you kidding me? What are you? Surely your not a daddy or I hope not because you would be a horrible roll model for our little boys who one day will be a daddy .What kind of daddy would throw his child in front of a moving machine that can kill? You possibly cant be a grandparent or I hope not anyway because if so then I have a problem with you representing ME as a grandparent. I would NEVER toss one of my grandbabies in front of a killing machine. If anything people would have to worry about me becoming a killing machine for CHOOSING to get behind the wheel drunk and then hurting or killing one of mine. Sir It is people like YOU who give others in your work field BAD names. If the people cant handle the consequences of their bad actions then they need to think twice before they act. It could save a life if they went through the DUI check point and thrown into a sober tank for a few hours.

  • Incorrect: You do have to exit your vehicle upon demand at a traffic stop in California. You need to correct this. Also, in California, refusal to take a breath, blood or balance text at a traffic stop or DUI Checkpoint is automatic revocation of your Drivers License for a minimum of six months. I'm amazed a lawyer doesn't know this.

  • These are good rules to kno.
    But another important rule is to be polite not rude.
    Also it's easier to give your license, registration and insurance to the officer and be on your way opposed to wasting more time refusing everything the officer investigates.
    ☆Be nice
    ☆ Leave without wasting 10 to 15 minutes being rude to a cop trying to do his job ☆

  • Hey try this: don't drink and drive. If you try to avoid a checkpoint and police think you're being suspicious… they will pull you over! If you don't answer questions… your stop will be tremendously drawn out and a waste of your life. Instead of trying to evade the law… how about obeying it!

  • The one thing he got wrong was if you go thru the dui checkpoint and the LEO tells you to get out of the vehicle you must get out ( Pennsylvania vs Mims)

  • Ohh! Yes they will chase you and pull you over. Do not turn around at a check point in North Carolina they will run you down and stop you.
    This guy doesn't know the law at all in my opinion. It people like him that get people in trouble with Law Enforcement.

  • The cop pulled me over..I WAS drinking a hour before hand..A little too much..I was on the expressway….he stopped me…i stopped. He came to the window, i rolled it down,he said Have u been drinking?? I immediately said,HECK YES,GOOD THING U STOPPED ME,I WAS FALLING ASLEEP AND I WAS GONNA CRASH MY CAR.He said license and insurance please. I said yesssss sir,and THANKKK YOU…he checked me out,,,came back to the car and said,,,Are u ok?? I said NOW i am that youuu stopped me..He then said you seem ok,and u only have a mile to go before ur home.Im gonna let u go for 2 reasons..Number 1 is youuuu were completely honest and a gentleman to me..Number 2 is you seem ok now and i think u can make it home.I said yesssss sir..im ok now and i can make it home safely….He let me go….i said THANK YOUUU SOOO MUCH SIR..THANKKKK YOU….This was 1988….. Today that would NEVERRRRRRR HAPPEN…well i dont drink anymore so i dont worry..But back then Someeee WOULD let u go.Not today..they have too much to lose by letting u go…Times are different…….True story tho….PLEASE,PLEASE PEOPLE,,,DONT DRINK AND DRIVE..IT CAN DESTROY UR LIFE ENTIRELY…ESPECIALLY IF U HIT SOMEONE…..TODAY IT CAN COST U 10 GRAND FOR A DUI……… TAKE CARE…..😎

  • There is a place in hell for lawyers like you. How bout telling your clients not to drive a car if they have been drinking. Problem solved shitbird. And If they haven’t been drinking, suck it up, do what the officer says and thank the officer for doing his/her job.

  • I don't drink and I will still tell the criminal with a badge to fuck off . The gang of blue dont protect or serve we the people.

  • This is just a thought has anybody thought about getting rid of the police department in smaller cities. What have a police officer done for you that is good for you. Their job is to protect and serve. But all they want to do is sit on the side of the road and pick you up for speeding or think you have been drinking to make money. The police department has become a business all they want is to get money. Get rid of the police in the small communities and get a constable you will save so much money on taxes think about it

  • t they aren't stupid…they set the sign within the absolute minimum of distance specified by law and that sign does not have to be at eyesight level for your vehicle. It can be set at an angle and down low where other vehicles in the second or first lanes can't see it through another passing vehicle. By then its too late. They can't make the turnoff and they are forced to go through it.
    The police claim they have officers standing by near the turnout to ticket drivers who commit traffic violations while trying to avoid the checkpoint. And while I have had officers try to chase me down when I have gone around the checkpoint, it seems that the very act of setting up a checkpoint increases the amount of traffic violations in the area. Is that good for the public…?
    Bottom line: Checkpoints may have been established to help curb drunk driving but the statistics show that far more arrests are made and tickets issued for other violations. No license, proof of insurance, old warrants, parking tickets, etc, etc. This is a revenue generator for the city/county, is inherently a violation of our rights, and should be challenged again by the ACLU

  • Got out of line in Ga, thought it was a accident and I had groceries in the car, turned off on a side street and was immediately stopped by a state patrol car.

  • Ok, here we go. To all of you bitching about checkpoints, you're either an attorney, criminal or a drunken dirtbag. These are set up to protect the motoring public, driving is a privilege not a right. Why be scared of them, unless you're hiding something.

  • Nice advice counselor, if you are drinking slowly turn around and leave, then the drunk wipes out a family on there way home from the park.  Nice advice, hope its not your family he or she wipes out.Just don't drink and drive.

Leave a Reply

Your email address will not be published. Required fields are marked *