DUI Checkpoint Ahead: What You Must Do
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Transcript
Flares. Cones. Police lights. And you're already in the line of cars heading in. Here's the whole play: slow down, hands on the wheel, papers when asked, and stay polite. In the Supreme Court case, the average delay was about 25 seconds per car. But most people fumble the part about what they're allowed to say no to. Step one. Slow down, follow the cones and signs, and turn the music down as you roll up.
Step two. Both hands on the wheel. Wait to be asked before you reach for anything. The officer can't see what you're grabbing, so say what you're doing before you reach. Step three. When asked, hand over license, registration and proof of insurance. That part isn't optional. Step four. Calm, polite, short. Asked what you drank? You can say, 'I want to remain silent.' Step five. Asked to search the car?
Say clearly, 'I do not consent to a search.' Never physically resist. Step six. Asked to take a breath test? Ask what happens if you refuse, then decide. Step seven. When it seems done, ask, 'Am I free to go?' If yes, drive off calmly. Here's the gut instinct: stopping every car with zero suspicion has to be unconstitutional. Nope. The Supreme Court upheld sobriety checkpoints in 1990. As of 2020, 37 states plus DC ran them.
Second instinct: you can refuse every single test, and nothing happens. Wrong. Refuse the chemical test after an arrest, and your license gets suspended. So why can refusing cost you? Because all 50 states have implied consent laws. By driving at all, you're treated as agreeing to blood alcohol testing. That's the deal. Before an arrest, a breath test can generally be refused. After an arrest, it's a different game.
Refusing there has traditionally meant a license suspension. Some states now make it a crime. And after an arrest, police can give a breath test without a warrant. A blood test needs one. Waved over to a side area? That's for a license and registration check, and maybe more sobriety tests. In the court case, an arrest came only if those extra tests actually showed intoxication. Tempted to blow straight through?
In that case, one driver tried it. Pulled over and arrested. Handed a ticket? Sign it. It isn't admitting guilt. Refusing can get you arrested. Fight it later. Rights stepped on? Don't argue or resist there. Remember the details, then use a lawyer or a complaint. Hands on the wheel. Papers when asked. Calm, polite, and short. Know which tests you can refuse, and exactly what refusing costs you. 25 seconds of boring beats a whole night of interesting.