I never drink. Ever. Got to one of those dwi checkpoints. Asks if I have been drinking. No sir, I never drink at all. Has me pull off to the side. Runs my driver’s license, my registration, my trailer registration, checks my lights, my inspection, my atv paperwork and my wife’s info (she wasn’t even driving). At what point was this no longer a dwi check and instead a drag net designed to catch me on something… anything? How can that be allowed? There was no probable cause. Everything was up to snuff and I was given the ‘privilege’ to go after only wasting 15 minutes of my life. I wrote to my local state rep. Did not receive a reply.
@@nightshadefern162 the issue in your case is not understanding your rights and standing on them. A DUI checkpoint is solely for determining a drivers suitability to operate an automobile. As soon as the LEO ventured outside of those parameters he has violated your rights. It was your duty at the moment he ventured into a fishing expidition you should have given him warning that he does not have the right to do anything other than determine your fitness to drive. If he ignores your warning it’s up to you to file charges stating that the LEO violated your Constitutional and civil rights including the 4th amendment, being unreasonable search and seizure. Know the law and defend your rights… if you base your argument on Constitutional rights you cannot loose. The Constitution is the Supreme Law of the Land. Any law that has the appearance of law but is repugnant to the Constitution is to be considered to be null and void!
Don't talk to the police. Don't chat. If they demand you get out. Smile, say; Sure, happy to. As soon as my foot touches the ground, I have nothing to say, I invoke my 4th and 5th amendment right. Then say nothing else. NOTHING.
@@Icg123 why not? I don't want to give him the impression that he's making me do something that I don't want to do. That's exactly what he;s looking for. They are putting themselves in a mental and physical position to abuse us using everything thing we say, every gesture, and even the tone of our voice to provoke us so they can justify throwing us against the car, claim we are arresting, claim we are obstructing, and then they are going to say something like "stop fighting, stop reaching for my taser, stop reaching for my gun" while the camera is recording sound but doesn't see what we are doing. These days, its more dangerous for citizens that have done nothing than the criminals. Why do you think they are out picking on citizens so much? OFFICER SAFETY. If they are out messing with us, they are generating revenue and court churn. And more importantly they are not out chasing bad guys that might be harmed. They are not out risking their backside against someone that might shot back. They know 99.44% of us citizens are not armed. They don't want to be around the ones that are. They would be cowards if they weren't bullies.
Yes, as soon as you get out of the car, say: "The conversation with you is over." This also applies to further conversations at the police station if you are arrested. Do not sign any police reports either, as these can be interpreted as consent to the police investigation. You are not obliged to assist the police in their investigation against you. If you are arrested, you are subject to the Miranda rights. Every US citizen should learn the amendments to the United States Constitution by heart, as the police are always trying to violate these "your" rights through dirty tricks. Above all, they don't allow themselves to be lured into making statements by promises. The police lie and lie and lie to soften you up. Turn off your ears when police officers make promises.
"Sobriety checkpoints are illegal in Minnesota. They were ruled unconstitutional by the Minnesota State Supreme Court in 1994." - Keller Criminal Defense Attorneys
That's if the cops even let you close your door. Too many videos they put a hand on the door and hold it. Trying to shut the door will probably get you a battery of cop charge. And what's to stop them from doing an improper Terry frisk thru your pockets to get the keys?
@@buckeyenative1365 They always have the upper hand since they routinely lie. I think your best course of action in the scenario you describe is to pocket your keys and if asked to hand them over, just tell them you decline to do so. If they took them out of my pocket without my consent, I would not resist. They would love you to do so. At least this course of action would deflect their potential lies that by handing over the keys you volunteered to have your car searched. The odds are always on their side, but you may have a Battery case against them, and any contraband found in the car would almost certainly not be admissible.
Have you seen the guy who puts his license, insurance, registration into a ziplock bag with a string and rolls his window up so it holds it on the outside. Genius! You're under no obligation at a roadblock to talk to any officer. Oh, there's also a note in the bag saying he is exercising his 4th. 5th, and 6th Amendment rights.
Spoke with an officer working a checkpoint a while back. He said one of the most common violations for most check points is people driving around WITH NO AUTO INSURANCE.
@@srsmithco I have seen the side streets lined with patrol cars waiting to snag people who want to avoid the checkpoint largely because of the hassle and waste of time. It’s such nonsense.
Easy, because the Supreme Court of the United States declared the checkpoints lawful is number one. The court has also ruled that checking your license, registration, and proof of insurance is a "de minimis" (trivial) intrusion on your civil rights and is nothing more than part of the business of the stop so it's fair game.
@Isaac_132 Well, that's true, isn't it interesting to?Supreme court is in place to protect our constitutional rights but the biggest threat to our constitutional rights is the supreme court.
I refer to "proof of insurance" as "proof of middle class income." Eventually, they'll just start euthanizing the poor and disabled like they've started doing in Canada. It shouldn't be long before we've gone full WW2 era Germany, and you'll do whatever they tell you if that's what it takes to survive. In a lot of ways, people already are. They go for whatever makes the most money and really don't care how they get it. Greed is good, right?
@fredsmith4438 It definitely goes against the 4th! Unfortunately, SCOTUS dropped the ball badly when they ruled on this. I wish we could try for another ruling while Clarence Thomas is still on the court. Justice Thomas is the most Constitutional and freedom oriented Justice of the lot of them.
3 times over the past 5ish years I have turned around rather than go through a check point. Each time they sent a chase car after me. I've not been ticketed yet
12:19 no.. there is a way around this... I say.. to end this encounter, I need a copy of the checkpoint charter and your card OR name and badge number..
@@richardcranium5048 I on the other hand love DUI checkpoints they are a good money maker, so far to the tune of $750,000.00! First: never roll your window down more than needed to hear the officer speak. Second: when the officer requests your license, registration, and proof of insurance. As him to articulate the crime you have committed to justify said request! Third: at that point he will tell you it a DUI check point stop and you are required to present. Fourth: this is when you remind him of your 4th amendment right of unwarranted search seizure, and your 5th amendment right to remain silent. You are not obligated to aid a police officer in the process of an investigation. Remind the officer that he is getting very close to violating your rights, and if he persists it will result in a civil lawsuit against him. Fifth: ask if he is finished with his effort to determine sobriety, and ask if you are free to go! In most instances a seasoned cop will realize that a.) you are not stupid, you know your rights far better than he does. B.) he also realizes that you are not DUI. C.) he will release you. But every once in a while you come against on officer who has a big ego, and does not appreciate you being more knowledgable about the law than he can possibly dream of knowing. Refuse to present documents telling him you will be happy to present as soon as he can articulate a crime. If he refuses to release you, then tell him continue with his investigation. Remind him that he has 15 minutes to complete his investigation (in which you will not assist) of which 5 minutes has expired leaving him only 10 minutes to complete his investigation. At which time you fold your arms, sit back in the seat and look straight ahead. If he has not gotten the message by then he will likely ask you to step out of the car for a roadside sobriety check. So before you set one food outside your car, ask what lawful reason does he believe to have to make such a request. Step out of the car, at which point you don’t say another word, none, nada, nothing. Follow his instructions to the letter, and go through the test as he instructs. Once you have aced the test he will likely release you. At which point you inform him he has just earned a lawsuit for the police agency he works for, obtain his name and badge number for the record. Be sure you video tape the entire encounter. Continue recording after stepping out of your car even if you can only capture audio. Once the test is complete resume video and audio recording. You have just earned $250,000.00 when you file suit in court. The office will probably give you a citation for failure to comply or arrest you on the spot. When you go to traffic court with your evidence, make your presentation to the judge, repeatedly stating he violated my 4th & 5th amendment rights. The judge is no fool and will dismiss the case. Now you have proof in hand the officer acted outside the bounds of the law. Now move forward with your civil lawsuit. Know the law and understand civil procedure inside and out before you enter a courtroom. When filing your suit with the court, be sure you include a rebuttal to the 12 presumptions of the court. (You can find what they are with a simple google search). Be sure to obtain the officers body cam footage, bring it to court with you as well as the video you captured. If you play your cards right you have just earned yourself $250,000.00! Treat yourself to a new boat, car, truck, take a trip, and be sure to buy some silver or gold with some of the money!
@dennisdumas1734 most sincerely thanks for that, and much respect to you for taking the time. Again, most sincerely, I'm glad to have read it. I will most certainly be going through the next one, which it's been at a guess 12-16ish months since I saw the last. With that in mind, the law of averages says the next will be soon.
@dennisdumas1734 one more quick thing, having looked at your reply again I think you may appreciate this. Let's eat Grandma... Let's eat, Grandma... please remember kids punctuation saves lives.
If they instruct you to get out of your car and you refuse, they WILL break the window and drag you out at which point you will be arrested and charged with resisting and impeding an investigation. You might not like it, but that's how it works. You DO NOT have to answer any questions, but you DO have to follow instructions.
I remember back in the early 2000s in Salisbury, NC I seen a 'check point' ahead and made a left onto a side street (cause my tags was dead). A cop caught up with me pulled me over and said he did so because I tried to avoid the checkpoint. I wish I had known back then what I know now because he didn't pull me over for tags but rather I tried to avoid them.
Many times even before they ask you for your paperwork they ask you things like "where are you going tonight?", Or "where are you coming from?". That's just a tactic so they can try and smell your breath. Seriously, that's what they're doing when they ask those questions. You do not have to answer either of those whether you're sober or intoxicated.
@@TheRealJBMcMunn *NO.* Field Sobriety Tests are always optional. You cannot be forced to testify against yourself, which is essentially what an FST is.
@@Milesco In Texas you can refuse but the game doesn't stop there. They'll arrest you on other grounds, like smelling like alcohol, unsteady gait, slurred speech, etc. Once arrested they can do chemical testing without your consent. After months of torture by the court system your lawer will Finally, get the cops body cam footage. If the footage does not confirm what the arrest report says the charges will be dropped. But by then you have already spent thousands of dollars on legal fees, appear before an administrative law judge and have a restricted license, and have spent the night in jail. That's what happened to me. And although the charges were dropped based on lies in the arrest report revealed by the body cam footage it cost me a lot of money and I couldn't find a lawyer who would sue the police. It also costs extra to get the record expunged. You can beat the rap but you can't beat the ride. But you go ahead and play roadside lawyer.
@@TheRealJBMcMunn false. Lauren the laws of your state. No state in all 50 US states makes the field sobriety test mandatory. You're thinking of the breathalyzer down at the station. You do not have to submit to any tests on the side of the road.
In Florida and many other states (check your local laws) while you can NOT refuse a road-side breathalyzer test you CAN refuse a sobriety test (touch your nose, walk a line, etc.). Florida Police must have probable cause to make you take a breath test and they often use the field sobriety test to get it. In most cases, if you just answer basic questions without slurring your speech they will not arrest for DUI (unless you do the field sobriety test!). Therefore, REFUSE a sobriety test (walk-and-turn, stand on one leg, etc.) but CONSENT to a breathalyzer test (this happens after an official arrest). Also, never admit you were drinking (even if you were) - answer NO. Never say: “Just one drink”. The answer is always NO or “I DON’T DRINK” (if you don't drink). Always answer questions like where are coming from and where are you going with generic answers only. This is OK: “Coming from work” or “Going Home”. NOT OK: “Coming from the Dive Bar” (even if you were - yes it’s legal to lie to the Police when you are the suspect). Say as little as possible. Everything you say WILL be used against you in a court of law. It's often best to say that you Assert Your Right to Remain Silent. Important: Many sober people fail a sobriety test which is why you should refuse. In fact, a sobriety test was done and 46% of cops failed the test! Remember, a sobriety test is not a breathalyzer test. You should not refuse a breathalyzer test because you will automatically receive a one year license suspension. This is worse than the penalty for a first offense DUI with no accident or injury.
Eight years ago, my wife and I were driving south on Sierra Hwy in Lancaster, CA during the early evening, when we saw flashing red lights approx. 1/2 ahead and my wife made a legal u-turn at a traffic light in order to avoid what appeared to be a traffic accident in the distance. Immediately, a LASD motor deputy who had been waiting in ambush just beyond the intersection turned on his red lights/siren and pulled us over. The deputy wanted to know why we had turned around, and we explained that we did not want to get delayed by the traffic accident down the road. The deputy then told us that there was no traffic accident and accused my wife of illegally attempting to avoid a DUI traffic stop. He then immediately began to issue a traffic citation for an 'illegal u-turn' (notice - he did not attempt to issue a traffic citation for 'avoiding a DUI traffic stop' because that was not an illegal act). I then informed the deputy that the u-turn that my wife had made was entirely legal at that traffic intersection. The deputy then pulled out a reference book that apparently contained a list of all locations in Lancaster and Palmdale where u-turns are illegal, in addition to the traffic laws. It took the deputy another five minutes to realize that the u-turn that my wife had made was entirely legal and that a traffic citation could not be issued, after which we were free to leave.
I love information like this! I can say that in my 40 years of driving, I’ve never went through a checkpoint, but I’m sure the day is coming. I’ll be prepared now !
They chased me down when I pulled onto side street that leads to my driveway half a blockfrom there checkpoint. They expected me to see the checkpoint and drive a block ahead of my destination to go through checkpoint and turn around to finish going to my home. I was already in driveway when they caught up but they were trying to give me heck about it saying I needed to talk to them. I just walked inside.
@@Bshiddy I can't recall which is which but I think the Federal law states that you can't stop everyone assuming they've all been drinking, while Provincial law says they can. If someone knows the law, feel free to elaborate. If you rolled through in a EV, asleep but the car has adaptive cruise control, is it illegal 😀
@@Bshiddychase car is for people that blow through checkpoint. Turning around is not a crime (just make sure you do it legally). Sure, cops might come after you. Might even arrest you for made up contempt of Cop type charges. But that would all be unlawful arrest, and you'd have a case to sue.
I like your "Don't poke the bear" advice. It goes a long way. Think of being one of the rare polite and respectful people they see! First time I speak, at a regular stop, I ask for a warning. At one of these, I answer respectfully but very vaguely and concisely.
“Don’t make any sudden movements and keep your hands visible”. The problem there is most of the DUI checkpoints I have seen are done at night. The whole idea of a DUI checkpoint is dancing around entrapment and playing fast and loose with civil rights. Sadly, we have almost no recourse for this mess, short of going to court.
Catching DUI drivers is not "entrapment." There is no civil right to DUI. The whole point is reducing the 45,000 vehicle deaths. 15,000 of those are DUI. 1 million DUI arrests a year help reduce that number, every 39 minutes a person is killed by a DUI driver but only 1% of drunk drivers are arrested. Evil Cops eh?
I don’t drink alcohol and never have. But I am concerned about the rare cases where American cops have tested drivers with breathalyzers, the test results have shown zero blood alcohol yet the driver is still arrested for DUI.
Fun fact: A town with which I'm familiar routinely set up a city police checkpoint on the main street, which was also a state highway. They randomly selected cars to check, sending the rest through without interaction. One day, a gentleman approached the checkpoint and was waived to be inspected. He replied that no, he just lived a few houses down (on the side street, just BEFORE where the check point began), and proceeded to drive to his house. Several officers violated multiple laws and the amendments by kicking in his door and arresting him for numerous charges. After losing a TWO MILLION DOLLAR lawsuit, the city police were subsequently required to stop ALL vehicles if they were to check ANY, and that they MUST honor anyone bypassing the checkpoint before getting into it. It turned out they had created city "laws" that "allowed" them to blatantly violate multiple state laws, and it took the lawsuit to have the state set them straight. Another fun fact: The city instituted a "rule" stipulating that police cars would be using no lights or sirens more routinely in an attempt to subtlety "catch" more criminals. Again, it came to light (after numerous collisions where, of course, the non-law enforcement persons and vehicles were held liable) that the rule directly violated state law which stated that either lights OR siren was a non-negotiable requirement for law enforcement on call or in pursuit of a suspect WITH NO EXCEPTIONS. Some lawyers worth their mettle successfully had many of the cases thrown out due to the city's violation of state laws negating the admission of the related evidence. Sadly, as time has passed, the city has clearly learned NOTHING and continues the cycle of catch-me-if-you-can.
Bingo. Especially with the prevalence of ride-share. Or, if you live in a real city like Chicago, NY, Seattle, etc. you don't need a car because they have great mass transit.
In CA they have to give you a way out and have signs warning you of the checkpoint. Once you're in it - well get ready to hand over your license. Personally I feel these are a waste of money. The last one they did here stopped almost 1000 cars - and got TWO drunks. I'm betting if they had put all those officers patrolling around the restaurants they'd have caught way more.
In Missouri on I 44 ,a major drug route, they put signs up telling you they're checking for drug trafficking but they leave 1 exit open in between the sign and the checkpoint. Don't take that exit because they're waiting there too
Normally I agree with most of your videos… but you are kind of off base with this one. If they have no RAS of a crime or traffic infraction, then you are not required them to provide them with any type of identification or proof of insurance, or registration.
Knowing where your registration, insurance, and drivers license are, and not having to fumble through a bunch of crap, will give them less ammunition to hassle you. I recommend keeping the registration and a current insurance card over the drivers side visor, and your license in its own location in your wallet.
The video in short ... 1. Turn around...if legal to do so . 2. Don't be a jerk. Be calm. You have been detained. Roll window down enough to do what's going to be done. 3. Give them the documents to know they are allowed to ask for Don't talk. No small talk inform that you are exercising your right to remain silent. 4. Keep hands visible, move slowly, you can communicate what you intend to reach for.if ordered out, just do it calmly. 5. Continue to exercise your rights, don't do roadside sobriety test. You can consult counsel.
@@chadhaire1711why insult? The post was a summary of video, not a claim of any of its veracity. Your vitriol is inappropriate, and your claim should be directed to videos creator, not this person summarizing it.
Got in one Black Friday 2016. Cop said we're checking for drink drivers. I smiled and said "you found 2 sober guys" (I was driving). He asked where we were going, I said " we were at a concert and I'm taking him home, then going home ". Felt good
In California if you’re arrested for DUI and you refuse to take a blood breath or urine test your drivers license will be suspended. When you get your drivers license you agree as a condition of getting your license that you agree to take one of these tests.
The part I hate about this practice is they can use the check point to make a stop without any probable cause. Then they can claim you demonstrated behavior that gave them suspicion. Then you refuse to take a field sobriety test and your license is automatically suspended. If they want to cause this situation to happen, there is NOTHING you can do to prevent it. Now you are forced to hire an attorney and fight an administrative suspension and you are completely at the discretion of the judge whether or not they will dismiss it. Meanwhile you cannot drive legally and you have to pay $1000+ dollars for a lawyer simply because you chose to exercise your constitutional rights.
Lol..my Dad does that. I don't know how many tickets he's gotten out of because he's the "folksy old guy". I just give them the docs they require, say yes/no sir, and keep my mouth shut.
You can technically hamd them your license, insurance, registration, and a card that states that you are invoking your right to remain silent, you do not consent to any searches or seizures, and you would like to be free to continue on your way. Might be good to add, "I respect what you do, but will remain silent unless my attorney is present."
Check with your lawyer. Some state courts do not recognize you exercising your rights unless you actually enunciate it. I am not saying I agree with it, just don't depend on any interwebz advice without consulting your lawyer.
If i sent you a rundown of all the times I did everything wrong in my encounters with the police, and still walked away, you'd probably have enough material for a half-hour video.
@@anthonyiocca5683 Huh? Lawyers are the ones who approve police procedures? What are you talking about? Unless you're specifically talking about city attorneys who advise city departments on how to comply with the law, that simply isn't true. Private lawyers don't sign off on government policies and procedures. As for okigi's claim that these unconstitutional checkpoints are a windfall for lawyers (and by that, I assume he means criminal defense lawyers), that's only true if such checkpoints catch significantly more drunk drivers than just ordinary police patrols, which is highly debatable. The percentage of drivers arrested at DUI checkpoints is surprisingly low. They're not very effective at catching drunk drivers; DUI checkpoints are really just about "political theater" -- politicians making it look like they're doing something. Whether it works or not is beside the point. It's all about appearances.
@@Milesco I agree with your comment somewhat. Attorney or Lawyer their interpretation of the law molds policies. Interpretation and policies change depending on morality, ethics, and values. When an Attorney ignores the Bill of Rights it’s a problem. When people drive cars drunk is also a problem. It’s not my problem until a drunk driver hits me making it my problem.
@@Milesco personally, I wouldn’t think any differences between them. Soooo If they are differences, then the BAR association is negligent, for ignoring constitutional conflicts that directly contribute to constitutional crisis.
When I see that is when I pull a legal U turn. The key is to stay aware of surroundings in front of you. They will often put checkpoints after blind corners to try to hem you in. Be alert of when and where to expect these. Speaking as a 59 year old man that has never had a DUI
Pretty sure these checkpoints are legal in PA. I used to live in Perkasie and the only time in 30+ years of driving I had to deal with a DUI checkpoint was County Line Road near 309 as well as a couple outside Quakertown. Since I moved out of state, I haven’t seen a single one. Maybe they are illegal here? I am going to look right now.
In Ohio, they're required to announce any DUI checkpoint in advance, including the exact location. It's hard to find information about where to find the announcements, though. There also has to be a sign leading up to the checkpoint before the last opportunity to turn away from the checkpoint.
In NY they have inspection checkpoints. We have a yearly “safety” inspection for vehicles. (It’s a money grab and a way for mechanics to line their pockets) So a few times a year the police will set up checkpoints to verify you have an up to date inspection. I came upon one of those and decided to avoid it. I pulled into a manufactured shed dealer, got out, made it look like I placed something in the door slot, got back in my van, and exited the parking lot in the other direction. Nobody followed me. I don’t trust cops and no matter what you hear they are ALWAYS looking for something to accuse you of.
Yea, we'll see how that works out for you. If you want to be "cute" and act like a smart ass during a stop, don't be surprised if it doesn't go your way.
Thank you! So many auditors argue with the police! Auditors talk about asserting their rights, but they forget the most important one and that is to remain silent!!
Auditors or anyone who knows their rights and exercises them has the right to (pertinent section 5th Amendment quote "nor shall be compelled in any criminal case to be a witness against himself"). This means that you must say that you are invoking your 5th Amendment right to not have to answer questions or make any statements. It doesn't mean that you can't ask questions and recite the laws that the LEO is violating. Making the LEO's aware that you will not stand for them violating your rights and educating them on your rights and the related laws is always the right thing to do.
@donaldmundo7116 too a point. It's one thing to stand up for your rights, but there's only so much a cop will listen too. I find remaining silent makes them much more upset than anything else.
Learn Spanish, listen to Spanish radio stations as they broadcast the locations of the DUI checkpoints to help prevent the “poor” from getting arrested
bad info here---you do NOT have to show drivers license at DUI check point unless you have violated a law....NEVER give them anything!!!!!!!!!!!!!!!!!!!!!!!!
When you address to the officer that you are going for your wallet/ insurance, insure that the windows on the passenger side are down AND make your statement loud enough for the possibility of a second officer approaching on the blindside to comprehend your intentions.
@@chadhaire1711man, you gotta be insulting to everyone for no reason. This person didn't say you had to hand the Police your documents. Your accusation is wrong. They are only saying, if you are reaching for documents, whether or not you have, take the precautions mentioned. Good idea. In fact, that advice would apply to any situation, not just a dui checkpoint. Such as a legit traffic stop where a Cop has a right to ask for the documents. In point, the poster doesn't say they are referring specifically to the subject of the video, or any situation where you decide to present such docs, required or not.
Tip: Store your registration and insurance in a visor wallet, not the glove box. Take out your Driver's License, Registration and Insurance before the police get out of their car. Roll the window at least half down, turn on the inside lights and put your hands on the steering wheel like you're driving. All of this should be completed before the cop exits their vehicle during a traffic stop.
Yes. I've been caught in several checkpoints in my life. They are inconvenient, to be sure. Other than that, I've not had a problem. In my area, they have hand-held plate readers, so before I even have a word with an officer, he knows my name, my license status, and whether I have any warrants. He just wants to exchange minimal dialogue and look into my eyes to determine whether I'm impaired. Then he wishes me a good night and sends me on my way. I should mention that I have my window down and my license in hand before I roll up on him. He asks me whether I've had anything to drink, and I always have the same answer. No sir, I do not drink alcohol (which is true).
As a retired cop this attorney’s advise is spot on. I’ve been stopped a couple of times, once in a DWI checkpoint, and came through absent any problems. I disagree w/cracking the window, roll it all the way down. Cracking it just leads cops to suspect you’re hiding something.
Love the videos. Kind of awesome that a lot of it doesn't apply to me. Gotta love living in a state that's been consistently making cop fuckery unlawful for the last twenty years.
Best way to protect yourself from a DUI checkpoint, don't use drugs. Yes, alcohol is a drug, don't use drugs and then drive. Better yet don't drink(use drugs) at all.
An officer cannot force you out of your car for a pat down without legal justification. Officer safety is not legal justification if not giving any threatening actions!
Under Pennsylvania vs. Mimms, cops are given BROAD discretion when determining what places them in fear of "officer safety" and most appellate courts will justify the request to exit the car!
He quoted you the case law dude.. go read the case law on it. Your are wrong. It doesnt matter what you think, or me, or this atty, it matters what scotus thinks and he cited the case law that proves you incorrect. Your "feelings" on the side of the road or in court will not matter in the slightest... lol
What about Supreme Court say we dont need a license if you're not in commerce. Driving is a right not a privilege according to case law time to change this buddies. F with policy. Besides we all know government doesn't keep their own laws. So they are invalid 😊
Sounds like you think you are a sovereign citizen. LoL. That defense has NEVER worked in court, not once. It is a meaningless interpretation of law and no responsible lawyer or judge will acknowledge or tolerate.
@@toddlipira8726 Oh I get it, I love my rights - Just don't drink and drive. If you don't give them anything or they try to trap you, they have nothing.
If I've got nothing to hide and haven't been drinking,I shouldn't mind having my rights violated,and I shouldn't mind these nazi style "checkpoints". What a concept!
Yeah, because no one ever has been arrested for DUI/DWI when they were perfectly sober. (Aaron Cash and Tayvin Galanakis come to mind. Officer Cody Wood also comes to mind.)
I was stupid enough to stop at one of these checkpoints, because I was stone cold sober. I had just driven 250 miles back from an out of town assignment, my car packed with belongings I had taken with me for 5 months, and stopped before going home to get something to eat, wearing my seat belt the entire 250 miles. I neglected to buckle up for the remaining one mile between the restaurant & home. They issued me a ticket for not wearing my seat belt. Some cops can be total ass hats! Anything to write a ticket and generate a little revenue.
I prefer "I'm invoking my right to remain silent". When drunk, the fewer the syllables the better. In addition, letters like L,R, S, Z, F, V, and TH can be tough. If you're really trashed, maybe go with "I prefer to remain silent." 😁
I don't know what state you represent but in FL in order to OBTAIN a driver's license you must sign an acceptance to under go sobriety tests no matter the circumstances. If you don't, you go to jail & work it out in court. Also, you do not have the right to an attorney until after you are charged and booked and presumably spending the night in jail. Please correct me if I'm wrong and thank you for the advice.
I live in Florida and I refused the test. The test is subjective. I'm a veteran I can't walk normal due to a prior injury I would never pass a test. The cop got pissed when I refused to get out and walk. They put me in the police car they never bothered to make me blow there at the scene. My wife was able to drive the car away if she was with me. They took me to jail and made me blow. I blew a zero they were pissed they had to let me go. None of that had to happen but the cops I want to be jerks.
In Florida, you do NOT have to perform roadside tests. What you do sign up for is to provide either a breath or blood test at the station or hospital. Given that I do not drink and drive, I would be inclined to do the portable breath test if requested, but my balance is bad due to age, weight and medical conditions, so things like standing on one leg or doing the heel to toe thing are flat impossible for me.
I remember once seeing a checkpoint set up on Orange Blossom Trail, and I had ample time to turn down any number of sidestreets without looking like I was avoiding. I'd just gotten out of Universal and decided to take the trail to look at hookers. I said "Screw it, you're not THAT drunk", and proceeded to go through the checkpoint. I was the fifth car so they pulled me over for more checks. & The fuzzcop asks me my story and I said " I was heading home, and I took the Trail to look at hookers." The look on his face was priceless and I quickly added "Take it easy! I'm just window-shopping, I'm not actually looking to pick one up!" And a good time was had by all. I went on my way.
I've never had a problem with DUI checkpoints. I've been 'detained' in several, too, I just roll down my window, hand the LEO my chit, and tell him to search my car if that rolls their socks up. IDC. I guess this is because I do not drink and drive.... Not even a tractor on my own property. In Florida, we even have "gestapo lanes" built into the side of the interstate exits for "DUI checkpoints". It ceases to be ANY kind of an issue when you have zip to hide in the first place.
9:16 what about OUR safety? Do we not get to defend ourselves from bodily harm just because Jonny donut is afraid and will use excessive force to protect his ego?
I had 1 DUI checkpoint in my life. It was 11 pm a day they used “work zone signs” to prevent turn arounds. When I got to the trooper I rolled my window down and was asked 1 single question. “Are you being safe tonight?”. And I responded rapidly “Yes”. “Okay move on.” I drove off an looked to my right and there were a dozen empty cars and a huge State police trailer. Few poor souls were out swaying around doing sobriety tests. 😂. “Are you being safe?”. Hope it never happens to anyone, but you can expect a trick question.
Mr. Hampton. Why do cops behave this way? Why do they go out of their way to violate our civil rights? What's wrong with law enforcement that they endorse this - across the entire country?
People with an authoritarian streak are the ones who apply for the job. People who just want to respect one another and be left alone aren't typically interested in it.
if an Officer ask me "have you been drinking ?" of course the answer will be YES SIR, because he / she did not specifically ask for drinking alcohol, it would be a lie if i say NO
Yeah, you might think you are funny, but let's see how that works out for you in practice. Acting like a smart ass to the LEO is a quick way to get yourself detained.
I know a foolproof way to avoid problems at sobriety checkpoints. Don’t drink and drive. My late wife was a cop for 20 years and I got to know many of her partners. Without exception their goals were to keep people safe. Drunk driving kills innocent people. No more need be said. There is no excuse for it.
Indeed, it IS the best way, but it's still not a guarantee that you won't get arrested. RUclips is full of videos of innocent, sober people getting arrested for DUI.
They decide you slurred speech, ask for field sobriety test. You pass, but its subjective, and they decide you failed. This is now 'evidence'. They arrest you. Eventually there is a blood test. It shows no alcohol. They decide it must have been some other illegal substance or maybe prescription meds that using shouldn't be driving. They use the evidence of failed field sobriery to charge you. Oops, our cameras were off. There isn't a video of your field sobriety test. Our word against yours. Best case, you prevail after spending a lot of time and small fortune on legal fees.
Don't poke the bear ? HELL NO !!! The People are telling you that they don't like what you are doing. I get what you are saying but 'Just Complying' is the whole reason we are in this situation to begin with.
I agree with you 100% , I knew I was going to find a comment pointing out how dumb that sounds to just comply even when your rights are being violated.
*The thing is that so-called "DWI/DUI checkpoints" aren't even really used to find intoxicated drivers* -- the checkpoints find an exceedingly low % of actually "intoxicated" drivers -- *but for cops to go on dragnet FISHING opportunities for other things* !...: indiscriminately inconveniencing EVERYONE in its trap!
A breathalyzer test is mandatory here in Arizona, If you refuse to submit, it's an automatic one year suspension of your driver's license, (even if you are sober).
The simple answer is don’t drink and drive, do not risk taking your life or someone else’s, in this day and age it’s too easy to Uber or Lift, it’s a no brained.
If you Crack your window the cops will demand that you lower your window. They will state this is a lawful command for officer safety. You can resist, but they will insist. In the end you'll need to lower it to some lower point that pleases the officer. Resisting will cause a lot of useless friction.
I like going outside with my flashlight at night, holding it like a cop and going up to neighbors when they pull up and asking them if they've been drinking.
In Florida, I believe you have the right to refuse a roadside breath test, but if you do, your license will be suspended for up to a year, even if you pass.
In Florida and many other states (check your local laws) while you can NOT refuse a road-side breathalyzer test you CAN refuse a sobriety test (touch your nose, walk a line, etc.). Florida Police must have probable cause to make you take a breath test and they often use the field sobriety test to get it. In most cases, if you just answer basic questions without slurring your speech they will not arrest for DUI (unless you do the field sobriety test!). Therefore, REFUSE a sobriety test (walk-and-turn, stand on one leg, etc.) but CONSENT to a breathalyzer test (this happens after an official arrest). Also, never admit you were drinking (even if you were) - answer NO. Never say: “Just one drink”. The answer is always NO or “I DON’T DRINK” (if you don't drink). Always answer questions like where are coming from and where are you going with generic answers only. This is OK: “Coming from work” or “Going Home”. NOT OK: “Coming from the Dive Bar” (even if you were - yes it’s legal to lie to the Police when you are the suspect). Say as little as possible. Everything you say WILL be used against you in a court of law. It's often best to say that you Assert Your Right to Remain Silent. Important: Many sober people fail a sobriety test which is why you should refuse. In fact, a sobriety test was done and 46% of cops failed the test! Remember, a sobriety test is not a breathalyzer test. You should not refuse a breathalyzer test because you will automatically receive a one year license suspension. This is worse than the penalty for a first offense DUI with no accident or injury.
I've often said that it is wise to remain still and keep your hands visible when cops approach. You may think you'll be helping the officer if you search for your documents as they walk up. Nope. They see you frantically searching for something, but for what they don't know. And that makes them suspicious. Sit still, let them ask for the documents, and then explain how you intend to retrieve them. If you've told them you'll open your glove box do so slowly... and stop. Let them see in the box, then slowly rifle through your papers. They'll be glad to see there isn't a pistol tucked in the glove box. I've been pulled over half a dozen times but I've never gotten a ticket. I show respect, but I'm not fawning and obsequious. They don't appreciate being buttered up with false praise. I give them reason to think I'm not making their job difficult and they respond in kind. Pick your battles. You aren't required to roll your window all the way down, but if that is what they want they'll jam you up if you refuse with cause or without. Do refuse a roadside sobriety test or portable breathalyzer test. 😉
We have them in South Carolina, thank God. I was stopped and asked for my license, registration and proof of insurance. I had removed these documents from my wallet while waiting in line so I had them ready. When it was my turn I said "good evening officer" and handed him my paper work. He took it and went to check my tag to make sure everything matched. He came back, handed me my paperwork and said "Your the man". I was 72, old, and old enough to be his grandfather. I said, "Excuse me?" He said "I apologize. Thank you sir". I said, "Your the man" and we both laughed. Turns out that check point average was one arrest per ten cars for violations of all sorts. One in ten were not legally on the road. Think about that. No, I'm fine with these check points. South Carolina road fatalities are horrific. Our roads were built for rural living. We now have tens of thousands of northerners here and the roads have not been upgraded. It is outright dangerous to drive here now. They are always in a hurry and drive like lunatics. Hopefully, they will be the fatalities.
Everyone has the right to remain silent, but few have the ability.
99% of us just can’t shut our mouths.
Especially drunk people
Old, worn out joke
Ron White!
I still maintain your AMERICAN RIGHT to be a massive jerk!
I never drink. Ever. Got to one of those dwi checkpoints. Asks if I have been drinking. No sir, I never drink at all. Has me pull off to the side. Runs my driver’s license, my registration, my trailer registration, checks my lights, my inspection, my atv paperwork and my wife’s info (she wasn’t even driving). At what point was this no longer a dwi check and instead a drag net designed to catch me on something… anything? How can that be allowed? There was no probable cause. Everything was up to snuff and I was given the ‘privilege’ to go after only wasting 15 minutes of my life. I wrote to my local state rep. Did not receive a reply.
In this case, that cop, and your state rep, are dicks
@@nightshadefern162 the issue in your case is not understanding your rights and standing on them. A DUI checkpoint is solely for determining a drivers suitability to operate an automobile. As soon as the LEO ventured outside of those parameters he has violated your rights. It was your duty at the moment he ventured into a fishing expidition you should have given him warning that he does not have the right to do anything other than determine your fitness to drive. If he ignores your warning it’s up to you to file charges stating that the LEO violated your Constitutional and civil rights including the 4th amendment, being unreasonable search and seizure.
Know the law and defend your rights… if you base your argument on Constitutional rights you cannot loose. The Constitution is the Supreme Law of the Land. Any law that has the appearance of law but is repugnant to the Constitution is to be considered to be null and void!
All about making revenue.
Thankfully these checkpoints are illegal in Wisconsin these checkpoints are absolutely unconstitutional
Defeat the purpose of “ land of the free”
AMEN
@@Empireoflies1984
We lost Land of the Free many years ago
They should be illegal everywhere. I agree ! It’s unconstitutional… that should apply to every state !
nazi check points
Don't talk to the police. Don't chat. If they demand you get out. Smile, say; Sure, happy to. As soon as my foot touches the ground, I have nothing to say, I invoke my 4th and 5th amendment right. Then say nothing else. NOTHING.
Don’t say “sure happy to”. Keep quiet.
@@Icg123 why not? I don't want to give him the impression that he's making me do something that I don't want to do. That's exactly what he;s looking for. They are putting themselves in a mental and physical position to abuse us using everything thing we say, every gesture, and even the tone of our voice to provoke us so they can justify throwing us against the car, claim we are arresting, claim we are obstructing, and then they are going to say something like "stop fighting, stop reaching for my taser, stop reaching for my gun" while the camera is recording sound but doesn't see what we are doing. These days, its more dangerous for citizens that have done nothing than the criminals. Why do you think they are out picking on citizens so much? OFFICER SAFETY. If they are out messing with us, they are generating revenue and court churn. And more importantly they are not out chasing bad guys that might be harmed. They are not out risking their backside against someone that might shot back. They know 99.44% of us citizens are not armed. They don't want to be around the ones that are. They would be cowards if they weren't bullies.
Yes, as soon as you get out of the car, say: "The conversation with you is over." This also applies to further conversations at the police station if you are arrested. Do not sign any police reports either, as these can be interpreted as consent to the police investigation. You are not obliged to assist the police in their investigation against you. If you are arrested, you are subject to the Miranda rights. Every US citizen should learn the amendments to the United States Constitution by heart, as the police are always trying to violate these "your" rights through dirty tricks. Above all, they don't allow themselves to be lured into making statements by promises. The police lie and lie and lie to soften you up. Turn off your ears when police officers make promises.
Best advice today! 99% of us just can’t keep their mouths shut.
I have a friend who decided to just abandon his vehicle. He got away with it. Of course, he had to retrieve his impounded vehicle.
Contra Costa County, California recently paid 8.4 million dollars for a false arrest. We need more judgments in that amount or more for false arrests.
It needs to come from the police not the taxpayers
Never allow an acorn to fall on the roof of your car...
Lol thays right
It could be deadly!
@@CynicalWolverine haha apparently almost was..lol
Yooo I get this reference lol
"I am exercising my right to remain silent, and I will pray for you".
He's literally explaining every bad DUI stop I've ever watched on RUclips
You get the government you tolerate.
And what does one do about it when the person they did not vote for gets in?
@@kellyshomemadekitchen You will not be voting when this collapses.
Ain’t that the truth!
Correct
"Sobriety checkpoints are illegal in Minnesota. They were ruled unconstitutional by the Minnesota State Supreme Court in 1994." - Keller Criminal Defense Attorneys
the ONLY time I can say the alphabet backward is when I am drunk... thanks drinking games!
Bouncing a quarter into a shot glass isn't one of their tests, unfortunately.
and stand on one leg, lean back, close your eyes than say the alphabet back from from the letter T to letter G
@@youtubecarspottersguide1 I can't do that at any point in time, drunk or sober
I don't drink. Couldn't say the alphabet backwards stone cold sober.
I think it's a good idea to lock your car doors after exiting if ordered out of your car.
After existing?
@@kellyshomemadekitchen Sorry. I did finish college, but my typing skills are lacking!
@@tommyt8998 lol, it’s okay, I was just trying to figure out what you meant. Have an awesome day! 😊
That's if the cops even let you close your door. Too many videos they put a hand on the door and hold it. Trying to shut the door will probably get you a battery of cop charge. And what's to stop them from doing an improper Terry frisk thru your pockets to get the keys?
@@buckeyenative1365 They always have the upper hand since they routinely lie. I think your best course of action in the scenario you describe is to pocket your keys and if asked to hand them over, just tell them you decline to do so. If they took them out of my pocket without my consent, I would not resist. They would love you to do so. At least this course of action would deflect their potential lies that by handing over the keys you volunteered to have your car searched. The odds are always on their side, but you may have a Battery case against them, and any contraband found in the car would almost certainly not be admissible.
Have you seen the guy who puts his license, insurance, registration into a ziplock bag with a string and rolls his window up so it holds it on the outside. Genius! You're under no obligation at a roadblock to talk to any officer. Oh, there's also a note in the bag saying he is exercising his 4th. 5th, and 6th Amendment rights.
This is probably the extension of the concept that you only need to PRESENT your license and not surrender it physically to the officer.
I like it! But pretty sure this falls into the same category as "poking the bear."
@@jrvane11👍🏼
@@jrvane11 it’s not poking the bear, it called “standing up for your rights”. Sadly most Americans don’t even know what their rights are….
Well, what do U do if they don't just accept that? Like, if they tell u to roll your window down. I agree it does seem a bit "bear pokey" to me.
there's a guy in my old town, "I smell a little pot", umm no, you smell a LOT of pot!
I farted. -Little Tea Pot
Spoke with an officer working a checkpoint a while back. He said one of the most common violations for most check points is people driving around WITH NO AUTO INSURANCE.
DUI checkpoints very rarely stop drunk drivers. It's really just a fishing expedition for other things they can write tickets for.
Expired licenses, registration, and outstanding warrants.
@@brucesmith9144 He said they got 14 with no insurance and one driver was 15 years old!
Turning around is a good idea. Avoid the situation altogether. If you can't avoid, say as little as possible.
@@srsmithco I have seen the side streets lined with patrol cars waiting to snag people who want to avoid the checkpoint largely because of the hassle and waste of time. It’s such nonsense.
Why are they allowed to ask for license and insurance when no traffic violation has occurred
Easy, because the Supreme Court of the United States declared the checkpoints lawful is number one. The court has also ruled that checking your license, registration, and proof of insurance is a "de minimis" (trivial) intrusion on your civil rights and is nothing more than part of the business of the stop so it's fair game.
@Isaac_132 Well, that's true, isn't it interesting to?Supreme court is in place to protect our constitutional rights but the biggest threat to our constitutional rights is the supreme court.
I refer to "proof of insurance" as "proof of middle class income." Eventually, they'll just start euthanizing the poor and disabled like they've started doing in Canada. It shouldn't be long before we've gone full WW2 era Germany, and you'll do whatever they tell you if that's what it takes to survive. In a lot of ways, people already are. They go for whatever makes the most money and really don't care how they get it. Greed is good, right?
@@Isaac_132 That seems to then go against the 4th amendment.
@fredsmith4438
It definitely goes against the 4th! Unfortunately, SCOTUS dropped the ball badly when they ruled on this. I wish we could try for another ruling while Clarence Thomas is still on the court. Justice Thomas is the most Constitutional and freedom oriented Justice of the lot of them.
3 times over the past 5ish years I have turned around rather than go through a check point. Each time they sent a chase car after me. I've not been ticketed yet
Ask to see the relevant STATE law that allow ras to be generated from LEGAL avoidance..
12:19 no.. there is a way around this... I say.. to end this encounter, I need a copy of the checkpoint charter and your card OR name and badge number..
@@richardcranium5048 I on the other hand love DUI checkpoints they are a good money maker, so far to the tune of $750,000.00!
First: never roll your window down more than needed to hear the officer speak. Second: when the officer requests your license, registration, and proof of insurance. As him to articulate the crime you have committed to justify said request!
Third: at that point he will tell you it a DUI check point stop and you are required to present.
Fourth: this is when you remind him of your 4th amendment right of unwarranted search seizure, and your 5th amendment right to remain silent. You are not obligated to aid a police officer in the process of an investigation. Remind the officer that he is getting very close to violating your rights, and if he persists it will result in a civil lawsuit against him.
Fifth: ask if he is finished with his effort to determine sobriety, and ask if you are free to go! In most instances a seasoned cop will realize that a.) you are not stupid, you know your rights far better than he does. B.) he also realizes that you are not DUI. C.) he will release you. But every once in a while you come against on officer who has a big ego, and does not appreciate you being more knowledgable about the law than he can possibly dream of knowing. Refuse to present documents telling him you will be happy to present as soon as he can articulate a crime.
If he refuses to release you, then tell him continue with his investigation. Remind him that he has 15 minutes to complete his investigation (in which you will not assist) of which 5 minutes has expired leaving him only 10 minutes to complete his investigation. At which time you fold your arms, sit back in the seat and look straight ahead. If he has not gotten the message by then he will likely ask you to step out of the car for a roadside sobriety check.
So before you set one food outside your car, ask what lawful reason does he believe to have to make such a request. Step out of the car, at which point you don’t say another word, none, nada, nothing. Follow his instructions to the letter, and go through the test as he instructs. Once you have aced the test he will likely release you. At which point you inform him he has just earned a lawsuit for the police agency he works for, obtain his name and badge number for the record. Be sure you video tape the entire encounter. Continue recording after stepping out of your car even if you can only capture audio. Once the test is complete resume video and audio recording. You have just earned $250,000.00 when you file suit in court. The office will probably give you a citation for failure to comply or arrest you on the spot. When you go to traffic court with your evidence, make your presentation to the judge, repeatedly stating he violated my 4th & 5th amendment rights. The judge is no fool and will dismiss the case. Now you have proof in hand the officer acted outside the bounds of the law. Now move forward with your civil lawsuit. Know the law and understand civil procedure inside and out before you enter a courtroom. When filing your suit with the court, be sure you include a rebuttal to the 12 presumptions of the court. (You can find what they are with a simple google search). Be sure to obtain the officers body cam footage, bring it to court with you as well as the video you captured. If you play your cards right you have just earned yourself $250,000.00!
Treat yourself to a new boat, car, truck, take a trip, and be sure to buy some silver or gold with some of the money!
@dennisdumas1734 most sincerely thanks for that, and much respect to you for taking the time. Again, most sincerely, I'm glad to have read it. I will most certainly be going through the next one, which it's been at a guess 12-16ish months since I saw the last. With that in mind, the law of averages says the next will be soon.
@dennisdumas1734 one more quick thing, having looked at your reply again I think you may appreciate this.
Let's eat Grandma...
Let's eat, Grandma...
please remember kids punctuation saves lives.
This is a really good advice. The one thing I would add is keep your doors locked so they can't just yank your door open and pull you out.
They just reach in the door to get the latch anyway.
Only if you put your window down more than an inch.
If they instruct you to get out of your car and you refuse, they WILL break the window and drag you out at which point you will be arrested and charged with resisting and impeding an investigation. You might not like it, but that's how it works. You DO NOT have to answer any questions, but you DO have to follow instructions.
@@TwilightxKnight13Lawful orders.
@@iamtoroazul Where is it written that that order is lawful.
I remember back in the early 2000s in Salisbury, NC I seen a 'check point' ahead and made a left onto a side street (cause my tags was dead). A cop caught up with me pulled me over and said he did so because I tried to avoid the checkpoint. I wish I had known back then what I know now because he didn't pull me over for tags but rather I tried to avoid them.
Imagine the Founding Fathers' conversation after viewing this video. They would be devastated.
Many times even before they ask you for your paperwork they ask you things like "where are you going tonight?", Or "where are you coming from?". That's just a tactic so they can try and smell your breath. Seriously, that's what they're doing when they ask those questions. You do not have to answer either of those whether you're sober or intoxicated.
ALWAYS refuse roadside sobriety tests! - Just be respectful.
@beautie5138 In Texas that's the equivalent of "I'd like to meet the Administrative Law Judge please". Then you're on a restricted license for a year.
@@TheRealJBMcMunn *NO.* Field Sobriety Tests are always optional. You cannot be forced to testify against yourself, which is essentially what an FST is.
@@Milesco In Texas you can refuse but the game doesn't stop there. They'll arrest you on other grounds, like smelling like alcohol, unsteady gait, slurred speech, etc. Once arrested they can do chemical testing without your consent. After months of torture by the court system your lawer will Finally, get the cops body cam footage. If the footage does not confirm what the arrest report says the charges will be dropped. But by then you have already spent thousands of dollars on legal fees, appear before an administrative law judge and have a restricted license, and have spent the night in jail. That's what happened to me. And although the charges were dropped based on lies in the arrest report revealed by the body cam footage it cost me a lot of money and I couldn't find a lawyer who would sue the police. It also costs extra to get the record expunged. You can beat the rap but you can't beat the ride. But you go ahead and play roadside lawyer.
@@TheRealJBMcMunn false. Lauren the laws of your state. No state in all 50 US states makes the field sobriety test mandatory. You're thinking of the breathalyzer down at the station. You do not have to submit to any tests on the side of the road.
In Florida and many other states (check your local laws) while you can NOT refuse a road-side breathalyzer test you CAN refuse a sobriety test (touch your nose, walk a line, etc.). Florida Police must have probable cause to make you take a breath test and they often use the field sobriety test to get it. In most cases, if you just answer basic questions without slurring your speech they will not arrest for DUI (unless you do the field sobriety test!).
Therefore, REFUSE a sobriety test (walk-and-turn, stand on one leg, etc.) but CONSENT to a breathalyzer test (this happens after an official arrest). Also, never admit you were drinking (even if you were) - answer NO. Never say: “Just one drink”. The answer is always NO or “I DON’T DRINK” (if you don't drink). Always answer questions like where are coming from and where are you going with generic answers only. This is OK: “Coming from work” or “Going Home”. NOT OK: “Coming from the Dive Bar” (even if you were - yes it’s legal to lie to the Police when you are the suspect). Say as little as possible. Everything you say WILL be used against you in a court of law. It's often best to say that you Assert Your Right to Remain Silent.
Important: Many sober people fail a sobriety test which is why you should refuse. In fact, a sobriety test was done and 46% of cops failed the test! Remember, a sobriety test is not a breathalyzer test. You should not refuse a breathalyzer test because you will automatically receive a one year license suspension. This is worse than the penalty for a first offense DUI with no accident or injury.
Eight years ago, my wife and I were driving south on Sierra Hwy in Lancaster, CA during the early evening, when we saw flashing red lights approx. 1/2 ahead and my wife made a legal u-turn at a traffic light in order to avoid what appeared to be a traffic accident in the distance. Immediately, a LASD motor deputy who had been waiting in ambush just beyond the intersection turned on his red lights/siren and pulled us over. The deputy wanted to know why we had turned around, and we explained that we did not want to get delayed by the traffic accident down the road. The deputy then told us that there was no traffic accident and accused my wife of illegally attempting to avoid a DUI traffic stop. He then immediately began to issue a traffic citation for an 'illegal u-turn' (notice - he did not attempt to issue a traffic citation for 'avoiding a DUI traffic stop' because that was not an illegal act). I then informed the deputy that the u-turn that my wife had made was entirely legal at that traffic intersection. The deputy then pulled out a reference book that apparently contained a list of all locations in Lancaster and Palmdale where u-turns are illegal, in addition to the traffic laws. It took the deputy another five minutes to realize that the u-turn that my wife had made was entirely legal and that a traffic citation could not be issued, after which we were free to leave.
I love information like this! I can say that in my 40 years of driving, I’ve never went through a checkpoint, but I’m sure the day is coming. I’ll be prepared now !
There's always a chase car at a checkpoint.
They chased me down when I pulled onto side street that leads to my driveway half a blockfrom there checkpoint. They expected me to see the checkpoint and drive a block ahead of my destination to go through checkpoint and turn around to finish going to my home. I was already in driveway when they caught up but they were trying to give me heck about it saying I needed to talk to them. I just walked inside.
That's why everyone should turn around, they don't have that many chase cars
@@Bshiddy I can't recall which is which but I think the Federal law states that you can't stop everyone assuming they've all been drinking, while Provincial law says they can. If someone knows the law, feel free to elaborate. If you rolled through in a EV, asleep but the car has adaptive cruise control, is it illegal 😀
@@Bshiddychase car is for people that blow through checkpoint. Turning around is not a crime (just make sure you do it legally).
Sure, cops might come after you. Might even arrest you for made up contempt of Cop type charges. But that would all be unlawful arrest, and you'd have a case to sue.
@@julybliss4440Literally stalking these dudes are crazy
I like your "Don't poke the bear" advice. It goes a long way. Think of being one of the rare polite and respectful people they see!
First time I speak, at a regular stop, I ask for a warning. At one of these, I answer respectfully but very vaguely and concisely.
“Don’t make any sudden movements and keep your hands visible”. The problem there is most of the DUI checkpoints I have seen are done at night. The whole idea of a DUI checkpoint is dancing around entrapment and playing fast and loose with civil rights. Sadly, we have almost no recourse for this mess, short of going to court.
Catching DUI drivers is not "entrapment." There is no civil right to DUI. The whole point is reducing the 45,000 vehicle deaths. 15,000 of those are DUI. 1 million DUI arrests a year help reduce that number, every 39 minutes a person is killed by a DUI driver but only 1% of drunk drivers are arrested. Evil Cops eh?
@@jwhome9319 We have rights until other people do things that take away our rights.
I don’t drink alcohol and never have. But I am concerned about the rare cases where American cops have tested drivers with breathalyzers, the test results have shown zero blood alcohol yet the driver is still arrested for DUI.
You do not have to submit to portable breathalyzer tests except in one state which I believe is North Dakota.
Fun fact: A town with which I'm familiar routinely set up a city police checkpoint on the main street, which was also a state highway. They randomly selected cars to check, sending the rest through without interaction. One day, a gentleman approached the checkpoint and was waived to be inspected. He replied that no, he just lived a few houses down (on the side street, just BEFORE where the check point began), and proceeded to drive to his house. Several officers violated multiple laws and the amendments by kicking in his door and arresting him for numerous charges. After losing a TWO MILLION DOLLAR lawsuit, the city police were subsequently required to stop ALL vehicles if they were to check ANY, and that they MUST honor anyone bypassing the checkpoint before getting into it. It turned out they had created city "laws" that "allowed" them to blatantly violate multiple state laws, and it took the lawsuit to have the state set them straight.
Another fun fact: The city instituted a "rule" stipulating that police cars would be using no lights or sirens more routinely in an attempt to subtlety "catch" more criminals. Again, it came to light (after numerous collisions where, of course, the non-law enforcement persons and vehicles were held liable) that the rule directly violated state law which stated that either lights OR siren was a non-negotiable requirement for law enforcement on call or in pursuit of a suspect WITH NO EXCEPTIONS. Some lawyers worth their mettle successfully had many of the cases thrown out due to the city's violation of state laws negating the admission of the related evidence. Sadly, as time has passed, the city has clearly learned NOTHING and continues the cycle of catch-me-if-you-can.
Best way to protect yourself - don't be stupid enough to drink and drive.
Bingo. Especially with the prevalence of ride-share. Or, if you live in a real city like Chicago, NY, Seattle, etc. you don't need a car because they have great mass transit.
Poke the bear!
People get arrested and charged with DUI without a drop of alcohol in their blood
In CA they have to give you a way out and have signs warning you of the checkpoint. Once you're in it - well get ready to hand over your license. Personally I feel these are a waste of money. The last one they did here stopped almost 1000 cars - and got TWO drunks. I'm betting if they had put all those officers patrolling around the restaurants they'd have caught way more.
In some states, they have to announce the check point in advance including when and where it will occur.
In Missouri on I 44 ,a major drug route, they put signs up telling you they're checking for drug trafficking but they leave 1 exit open in between the sign and the checkpoint.
Don't take that exit because they're waiting there too
So you say to do what they tell you? What if they ask for something illegal? The cops will do whatever they want that's the problem today!
Police are trained and told to lie to people to meet their quota
He didn't say that. He said to do what is legally required. Show your license, registration, and insurance. And don't volunteer any information
exactly. no one can really pass those tests while nervous and roadside
Normally I agree with most of your videos… but you are kind of off base with this one. If they have no RAS of a crime or traffic infraction, then you are not required them to provide them with any type of identification or proof of insurance, or registration.
@@makaylagerald2797 on a dwi check point in most states you have to by law
Knowing where your registration, insurance, and drivers license are, and not having to fumble through a bunch of crap, will give them less ammunition to hassle you.
I recommend keeping the registration and a current insurance card over the drivers side visor, and your license in its own location in your wallet.
That’s exactly what I do.
The video in short ...
1. Turn around...if legal to do so .
2. Don't be a jerk. Be calm. You have been detained. Roll window down enough to do what's going to be done.
3. Give them the documents to know they are allowed to ask for
Don't talk. No small talk inform that you are exercising your right to remain silent.
4. Keep hands visible, move slowly, you can communicate what you intend to reach for.if ordered out, just do it calmly.
5. Continue to exercise your rights, don't do roadside sobriety test. You can consult counsel.
they are not allowed to ask for documents Goober
@@chadhaire1711why insult? The post was a summary of video, not a claim of any of its veracity.
Your vitriol is inappropriate, and your claim should be directed to videos creator, not this person summarizing it.
@@russelloppenheimer3970 WRONG
Got in one Black Friday 2016. Cop said we're checking for drink drivers. I smiled and said "you found 2 sober guys" (I was driving). He asked where we were going, I said " we were at a concert and I'm taking him home, then going home ". Felt good
In California if you’re arrested for DUI and you refuse to take a blood breath or urine test your drivers license will be suspended. When you get your drivers license you agree as a condition of getting your license that you agree to take one of these tests.
The part I hate about this practice is they can use the check point to make a stop without any probable cause. Then they can claim you demonstrated behavior that gave them suspicion. Then you refuse to take a field sobriety test and your license is automatically suspended. If they want to cause this situation to happen, there is NOTHING you can do to prevent it. Now you are forced to hire an attorney and fight an administrative suspension and you are completely at the discretion of the judge whether or not they will dismiss it. Meanwhile you cannot drive legally and you have to pay $1000+ dollars for a lawyer simply because you chose to exercise your constitutional rights.
Easy, don't drink and drive.
Attitude makes a big difference. I always roll my window all the way down. I laugh & make jokes & they let me go.
Lol..my Dad does that. I don't know how many tickets he's gotten out of because he's the "folksy old guy". I just give them the docs they require, say yes/no sir, and keep my mouth shut.
You can technically hamd them your license, insurance, registration, and a card that states that you are invoking your right to remain silent, you do not consent to any searches or seizures, and you would like to be free to continue on your way. Might be good to add, "I respect what you do, but will remain silent unless my attorney is present."
Check with your lawyer. Some state courts do not recognize you exercising your rights unless you actually enunciate it. I am not saying I agree with it, just don't depend on any interwebz advice without consulting your lawyer.
If i sent you a rundown of all the times I did everything wrong in my encounters with the police, and still walked away, you'd probably have enough material for a half-hour video.
These unconstitutional stops are a windfall for lawyers.
Yeah, seems so.
Because;
Lawyers are the ones that approve procedures.
The police are acting on those approved procedures…
@@anthonyiocca5683 Huh? Lawyers are the ones who approve police procedures? What are you talking about?
Unless you're specifically talking about city attorneys who advise city departments on how to comply with the law, that simply isn't true. Private lawyers don't sign off on government policies and procedures.
As for okigi's claim that these unconstitutional checkpoints are a windfall for lawyers (and by that, I assume he means criminal defense lawyers), that's only true if such checkpoints catch significantly more drunk drivers than just ordinary police patrols, which is highly debatable. The percentage of drivers arrested at DUI checkpoints is surprisingly low. They're not very effective at catching drunk drivers; DUI checkpoints are really just about "political theater" -- politicians making it look like they're doing something. Whether it works or not is beside the point. It's all about appearances.
@@Milesco I agree with your comment somewhat.
Attorney or Lawyer their interpretation of the law molds policies.
Interpretation and policies change depending on morality, ethics, and values.
When an Attorney ignores the Bill of Rights it’s a problem.
When people drive cars drunk is also a problem.
It’s not my problem until a drunk driver hits me making it my problem.
@@anthonyiocca5683 I guess when you're talking about attorneys, you mean *_government_* attorneys.
@@Milesco personally, I wouldn’t think any differences between them.
Soooo
If they are differences, then the BAR association is negligent, for ignoring constitutional conflicts that directly contribute to constitutional crisis.
When I see that is when I pull a legal U turn.
The key is to stay aware of surroundings in front of you.
They will often put checkpoints after blind corners to try to hem you in.
Be alert of when and where to expect these. Speaking as a 59 year old man that has never had a DUI
In California it used to be illegal to "require" a drivers licence.
I have subscribed, liked. and I am actively watching and commenting from Quakertown, Pennsylvania, USA.
Pretty sure these checkpoints are legal in PA. I used to live in Perkasie and the only time in 30+ years of driving I had to deal with a DUI checkpoint was County Line Road near 309 as well as a couple outside Quakertown. Since I moved out of state, I haven’t seen a single one. Maybe they are illegal here? I am going to look right now.
In Ohio, they're required to announce any DUI checkpoint in advance, including the exact location. It's hard to find information about where to find the announcements, though. There also has to be a sign leading up to the checkpoint before the last opportunity to turn away from the checkpoint.
In NY they have inspection checkpoints. We have a yearly “safety” inspection for vehicles. (It’s a money grab and a way for mechanics to line their pockets) So a few times a year the police will set up checkpoints to verify you have an up to date inspection. I came upon one of those and decided to avoid it. I pulled into a manufactured shed dealer, got out, made it look like I placed something in the door slot, got back in my van, and exited the parking lot in the other direction. Nobody followed me. I don’t trust cops and no matter what you hear they are ALWAYS looking for something to accuse you of.
The 1st tip should be "Don’t drive drunk!"
It doesn't matter. They just had a case of cops arresting people who were stone cold sober. 0.00 alcohol. They lie and lie
lol that’s cute.
Many non-drunk drivers get harassed and even set up for jail regardless.
You do not have to give the paperwork to the officer, because it needs to be presented only. Presented does not require possession.
Yea, we'll see how that works out for you. If you want to be "cute" and act like a smart ass during a stop, don't be surprised if it doesn't go your way.
Thank you! So many auditors argue with the police! Auditors talk about asserting their rights, but they forget the most important one and that is to remain silent!!
Why are ordinary people that decline to assist the police in investigating them called auditors?
Auditors or anyone who knows their rights and exercises them has the right to (pertinent section 5th Amendment quote "nor shall be compelled in any criminal case to be a witness against himself"). This means that you must say that you are invoking your 5th Amendment right to not have to answer questions or make any statements. It doesn't mean that you can't ask questions and recite the laws that the LEO is violating. Making the LEO's aware that you will not stand for them violating your rights and educating them on your rights and the related laws is always the right thing to do.
@donaldmundo7116 too a point. It's one thing to stand up for your rights, but there's only so much a cop will listen too. I find remaining silent makes them much more upset than anything else.
Learn Spanish, listen to Spanish radio stations as they broadcast the locations of the DUI checkpoints to help prevent the “poor” from getting arrested
I love these videos ❤
thanks for watching!
bad info here---you do NOT have to show drivers license at DUI check point unless you have violated a law....NEVER give them anything!!!!!!!!!!!!!!!!!!!!!!!!
When you address to the officer that you are going for your wallet/ insurance, insure that the windows on the passenger side are down AND make your statement loud enough for the possibility of a second officer approaching on the blindside to comprehend your intentions.
Good idea.
wrong..you dont have to show those at check point Goober
@@chadhaire1711man, you gotta be insulting to everyone for no reason. This person didn't say you had to hand the Police your documents. Your accusation is wrong.
They are only saying, if you are reaching for documents, whether or not you have, take the precautions mentioned.
Good idea. In fact, that advice would apply to any situation, not just a dui checkpoint. Such as a legit traffic stop where a Cop has a right to ask for the documents.
In point, the poster doesn't say they are referring specifically to the subject of the video, or any situation where you decide to present such docs, required or not.
basically it's an id/insurance/registration checkpoint for generating revenue disguised as a DUI safety stop
Tip: Store your registration and insurance in a visor wallet, not the glove box. Take out your Driver's License, Registration and Insurance before the police get out of their car. Roll the window at least half down, turn on the inside lights and put your hands on the steering wheel like you're driving. All of this should be completed before the cop exits their vehicle during a traffic stop.
I wouldn't stir around too much, they might think you're hiding something or getting a weapon. Just wait for their instructions.
Wrong..they have no right to see or ask for that info at a check point Goober
@@chadhaire1711 I said traffic stop not check point Goober.
@@Capt-Intrepid This video was about DUI check points not a traffic stop GOOBER
@@chadhaire1711 Irrelevant Goober. It was a general tip and I specified a traffic stop.
Simple. Don't drink and drive.
But... Drinking and Driving is lawful!
Maybe you could just don't drive after you've been drinking. What an interesting concept. 🤔
Yes. I've been caught in several checkpoints in my life. They are inconvenient, to be sure. Other than that, I've not had a problem. In my area, they have hand-held plate readers, so before I even have a word with an officer, he knows my name, my license status, and whether I have any warrants. He just wants to exchange minimal dialogue and look into my eyes to determine whether I'm impaired. Then he wishes me a good night and sends me on my way. I should mention that I have my window down and my license in hand before I roll up on him. He asks me whether I've had anything to drink, and I always have the same answer. No sir, I do not drink alcohol (which is true).
They're arresting sober people at them. Look it up. 3 people had their lives ruined after blowing a 0.00. They're corrupt assholes.
As a retired cop this attorney’s advise is spot on. I’ve been stopped a couple of times, once in a DWI checkpoint, and came through absent any problems. I disagree w/cracking the window, roll it all the way down. Cracking it just leads cops to suspect you’re hiding something.
Sniff sniff it smells like weed in there
@@gasmahn3294 ?????
Love the videos. Kind of awesome that a lot of it doesn't apply to me. Gotta love living in a state that's been consistently making cop fuckery unlawful for the last twenty years.
Best way to protect yourself from a DUI checkpoint, don't use drugs. Yes, alcohol is a drug, don't use drugs and then drive. Better yet don't drink(use drugs) at all.
An officer cannot force you out of your car for a pat down without legal justification. Officer safety is not legal justification if not giving any threatening actions!
Incorrect unfortunately an officer can order you out of your car at any time
Under Pennsylvania vs. Mimms, cops are given BROAD discretion when determining what places them in fear of "officer safety" and most appellate courts will justify the request to exit the car!
He quoted you the case law dude.. go read the case law on it. Your are wrong. It doesnt matter what you think, or me, or this atty, it matters what scotus thinks and he cited the case law that proves you incorrect. Your "feelings" on the side of the road or in court will not matter in the slightest... lol
Not anytime. According to penn v mimms, they have to suspect you of being armed and dangerous.
@@joshuaamoroso4809
Incorrect
Any time I go through a check point, I say " I don't drink". They let me pass through. Works every time 😊
What about Supreme Court say we dont need a license if you're not in commerce. Driving is a right not a privilege according to case law time to change this buddies. F with policy. Besides we all know government doesn't keep their own laws. So they are invalid 😊
Sounds like you think you are a sovereign citizen. LoL. That defense has NEVER worked in court, not once. It is a meaningless interpretation of law and no responsible lawyer or judge will acknowledge or tolerate.
Yeah don't drink and drive.
The trick is to not drink and drive. What a concept!
You don't get it, do you.
@@toddlipira8726 Oh I get it, I love my rights - Just don't drink and drive. If you don't give them anything or they try to trap you, they have nothing.
If I've got nothing to hide and haven't been drinking,I shouldn't mind having my rights violated,and I shouldn't mind these nazi style "checkpoints". What a concept!
Yeah, because no one ever has been arrested for DUI/DWI when they were perfectly sober.
(Aaron Cash and Tayvin Galanakis come to mind. Officer Cody Wood also comes to mind.)
@@toddlipira8726he's not an it-getter.
I was stupid enough to stop at one of these checkpoints, because I was stone cold sober. I had just driven 250 miles back from an out of town assignment, my car packed with belongings I had taken with me for 5 months, and stopped before going home to get something to eat, wearing my seat belt the entire 250 miles. I neglected to buckle up for the remaining one mile between the restaurant & home. They issued me a ticket for not wearing my seat belt. Some cops can be total ass hats! Anything to write a ticket and generate a little revenue.
In CA I'm more concerned about SMOG checkpoints
I prefer "I'm invoking my right to remain silent". When drunk, the fewer the syllables the better. In addition, letters like L,R, S, Z, F, V, and TH can be tough. If you're really trashed, maybe go with "I prefer to remain silent." 😁
I don't know what state you represent but in FL in order to OBTAIN a driver's license you must sign an acceptance to under go sobriety tests no matter the circumstances. If you don't, you go to jail & work it out in court. Also, you do not have the right to an attorney until after you are charged and booked and presumably spending the night in jail. Please correct me if I'm wrong and thank you for the advice.
Really? That’s ridiculous
That’s not true at all. Just do a quick google search
I live in Florida and I refused the test. The test is subjective. I'm a veteran I can't walk normal due to a prior injury I would never pass a test. The cop got pissed when I refused to get out and walk. They put me in the police car they never bothered to make me blow there at the scene. My wife was able to drive the car away if she was with me. They took me to jail and made me blow. I blew a zero they were pissed they had to let me go. None of that had to happen but the cops I want to be jerks.
In Florida, you do NOT have to perform roadside tests. What you do sign up for is to provide either a breath or blood test at the station or hospital. Given that I do not drink and drive, I would be inclined to do the portable breath test if requested, but my balance is bad due to age, weight and medical conditions, so things like standing on one leg or doing the heel to toe thing are flat impossible for me.
@@WayneKeen
😞
Magnificent video!!! Thanks for breaking it down for some of us. Take care and Godspeed. HOOAH !!!!
DWI check points were deemed illegal.
It's impeding general travel without individual probable cause.
I remember once seeing a checkpoint set up on Orange Blossom Trail, and I had ample time to turn down any number of sidestreets without looking like I was avoiding. I'd just gotten out of Universal and decided to take the trail to look at hookers. I said "Screw it, you're not THAT drunk", and proceeded to go through the checkpoint. I was the fifth car so they pulled me over for more checks. & The fuzzcop asks me my story and I said " I was heading home, and I took the Trail to look at hookers." The look on his face was priceless and I quickly added "Take it easy! I'm just window-shopping, I'm not actually looking to pick one up!" And a good time was had by all. I went on my way.
The ongoing theme. Cops aren’t your friend.
Best comment!
I've never had a problem with DUI checkpoints. I've been 'detained' in several, too, I just roll down my window, hand the LEO my chit, and tell him to search my car if that rolls their socks up. IDC. I guess this is because I do not drink and drive.... Not even a tractor on my own property. In Florida, we even have "gestapo lanes" built into the side of the interstate exits for "DUI checkpoints". It ceases to be ANY kind of an issue when you have zip to hide in the first place.
9:16 what about OUR safety? Do we not get to defend ourselves from bodily harm just because Jonny donut is afraid and will use excessive force to protect his ego?
100% I agree with you, officer safety is just used to violate our rights.
I had 1 DUI checkpoint in my life. It was 11 pm a day they used “work zone signs” to prevent turn arounds. When I got to the trooper I rolled my window down and was asked 1 single question. “Are you being safe tonight?”. And I responded rapidly “Yes”. “Okay move on.” I drove off an looked to my right and there were a dozen empty cars and a huge State police trailer. Few poor souls were out swaying around doing sobriety tests. 😂. “Are you being safe?”. Hope it never happens to anyone, but you can expect a trick question.
Mr. Hampton. Why do cops behave this way? Why do they go out of their way to violate our civil rights? What's wrong with law enforcement that they endorse this - across the entire country?
I have no evidence, but I strongly suspect that they get kick-backs from the privatized prisons.
Whatever the reason, I'm sure it has to with money.
People with an authoritarian streak are the ones who apply for the job. People who just want to respect one another and be left alone aren't typically interested in it.
if an Officer ask me "have you been drinking ?" of course the answer will be YES SIR, because he / she did not specifically ask for drinking alcohol, it would be a lie if i say NO
You are under no obligation to answer that question and shouldn’t. Assert your 5th amendment rights.
Yeah, you might think you are funny, but let's see how that works out for you in practice. Acting like a smart ass to the LEO is a quick way to get yourself detained.
@@TwilightxKnight13 being a smart ass is NO probable cause to be detained nor arrested ;)
I know a foolproof way to avoid problems at sobriety checkpoints. Don’t drink and drive. My late wife was a cop for 20 years and I got to know many of her partners. Without exception their goals were to keep people safe. Drunk driving kills innocent people. No more need be said. There is no excuse for it.
Google PEOPLE ARRESTED for 0.0 on a breathalyzer. DONT TALK TO COPS
Google PEOPLE ARRESTED for 0.0 on a breathalyzer. DONT TALK TO COPS
The best way to protect yourself is not to drink and drive.
No, if the cops want you, they will take you making up anything necessary to get the arrest.
Indeed, it IS the best way, but it's still not a guarantee that you won't get arrested. RUclips is full of videos of innocent, sober people getting arrested for DUI.
Unless you're one of the people who gets arrested after blowing a 0.0.
They decide you slurred speech, ask for field sobriety test. You pass, but its subjective, and they decide you failed. This is now 'evidence'. They arrest you.
Eventually there is a blood test. It shows no alcohol. They decide it must have been some other illegal substance or maybe prescription meds that using shouldn't be driving. They use the evidence of failed field sobriery to charge you.
Oops, our cameras were off. There isn't a video of your field sobriety test. Our word against yours.
Best case, you prevail after spending a lot of time and small fortune on legal fees.
I was arrested for suspicion of duty after not allowing them to search my vehicle. I don't drink.
I got one tip don’t drink and drive
Roadside examinations and the details sound quite similar to what goes on in Russia.
Don't drink and drive.
Problem for you is solved.
Don't poke the bear ? HELL NO !!! The People are telling you that they don't like what you are doing. I get what you are saying but 'Just Complying' is the whole reason we are in this situation to begin with.
There is a difference between not poking the bear, and bending over so the bear can poke you.
I agree with you 100% , I knew I was going to find a comment pointing out how dumb that sounds to just comply even when your rights are being violated.
Your fifth amendment right is reason for them to treat you differently...
This is one of your best ones!👏👏👏
*The thing is that so-called "DWI/DUI checkpoints" aren't even really used to find intoxicated drivers* -- the checkpoints find an exceedingly low % of actually "intoxicated" drivers -- *but for cops to go on dragnet FISHING opportunities for other things* !...: indiscriminately inconveniencing EVERYONE in its trap!
A breathalyzer test is mandatory here in Arizona, If you refuse to submit, it's an automatic one year suspension of your driver's license, (even if you are sober).
The simple answer is don’t drink and drive, do not risk taking your life or someone else’s, in this day and age it’s too easy to Uber or Lift, it’s a no brained.
If you Crack your window the cops will demand that you lower your window. They will state this is a lawful command for officer safety. You can resist, but they will insist. In the end you'll need to lower it to some lower point that pleases the officer. Resisting will cause a lot of useless friction.
58 years old and never saw a DUI/DWI checkpoint in Washington, DC.
I like going outside with my flashlight at night, holding it like a cop and going up to neighbors when they pull up and asking them if they've been drinking.
In Florida, I believe you have the right to refuse a roadside breath test, but if you do, your license will be suspended for up to a year, even if you pass.
In Florida and many other states (check your local laws) while you can NOT refuse a road-side breathalyzer test you CAN refuse a sobriety test (touch your nose, walk a line, etc.). Florida Police must have probable cause to make you take a breath test and they often use the field sobriety test to get it. In most cases, if you just answer basic questions without slurring your speech they will not arrest for DUI (unless you do the field sobriety test!).
Therefore, REFUSE a sobriety test (walk-and-turn, stand on one leg, etc.) but CONSENT to a breathalyzer test (this happens after an official arrest). Also, never admit you were drinking (even if you were) - answer NO. Never say: “Just one drink”. The answer is always NO or “I DON’T DRINK” (if you don't drink). Always answer questions like where are coming from and where are you going with generic answers only. This is OK: “Coming from work” or “Going Home”. NOT OK: “Coming from the Dive Bar” (even if you were - yes it’s legal to lie to the Police when you are the suspect). Say as little as possible. Everything you say WILL be used against you in a court of law. It's often best to say that you Assert Your Right to Remain Silent.
Important: Many sober people fail a sobriety test which is why you should refuse. In fact, a sobriety test was done and 46% of cops failed the test! Remember, a sobriety test is not a breathalyzer test. You should not refuse a breathalyzer test because you will automatically receive a one year license suspension. This is worse than the penalty for a first offense DUI with no accident or injury.
If you're punished for not doing something then you can't legally refuse.
Unless we're arguing that you are free to murder as well..
I do not like the idea of checkpoints......but how about, Dont drink and drive.
I've often said that it is wise to remain still and keep your hands visible when cops approach. You may think you'll be helping the officer if you search for your documents as they walk up. Nope. They see you frantically searching for something, but for what they don't know. And that makes them suspicious. Sit still, let them ask for the documents, and then explain how you intend to retrieve them. If you've told them you'll open your glove box do so slowly... and stop. Let them see in the box, then slowly rifle through your papers. They'll be glad to see there isn't a pistol tucked in the glove box. I've been pulled over half a dozen times but I've never gotten a ticket. I show respect, but I'm not fawning and obsequious. They don't appreciate being buttered up with false praise. I give them reason to think I'm not making their job difficult and they respond in kind. Pick your battles. You aren't required to roll your window all the way down, but if that is what they want they'll jam you up if you refuse with cause or without. Do refuse a roadside sobriety test or portable breathalyzer test. 😉
Tip #1: don't drink & drive.
This. Always good to have no worries.
If DUI checkpoints are not custodial than there is no suspicion of a crime and you have no responsibility to ID
We have them in South Carolina, thank God. I was stopped and asked for my license, registration and proof of insurance. I had removed these documents from my wallet while waiting in line so I had them ready. When it was my turn I said "good evening officer" and handed him my paper work. He took it and went to check my tag to make sure everything matched. He came back, handed me my paperwork and said "Your the man". I was 72, old, and old enough to be his grandfather. I said, "Excuse me?" He said "I apologize. Thank you sir". I said, "Your the man" and we both laughed. Turns out that check point average was one arrest per ten cars for violations of all sorts. One in ten were not legally on the road. Think about that. No, I'm fine with these check points. South Carolina road fatalities are horrific. Our roads were built for rural living. We now have tens of thousands of northerners here and the roads have not been upgraded. It is outright dangerous to drive here now. They are always in a hurry and drive like lunatics. Hopefully, they will be the fatalities.
You do not have o show drivers license at a check point...U R a fool
First, never drive drunk. Next, have your (licence, registration, proof of insurance) ready and don't bother with chitchat.
WRONG.....they have no right to see your papers at a check point......so dont show it Goober