The rules about DUI checkpoints are confusing, and there always seems to be a report about what is legal and what is not permitted. To be certain, a checkpoint is lawful, but there are certain requirements the police must meet in order for any arrest at a checkpoint to be valid. Knowing what to expect can help prepare you for how to act if you find yourself stopped at a DUI checkpoint, and can also help you to develop a defense to a DUI if you are arrested at a checkpoint.
Three things that will be expected of you and three things you can expect at a DUI checkpoint, which will prepare you for what to do and say or not do and say, include:
- You will be expected to speak to the officers on the scene. Refusing to do so can lead to arrest. The same is true if you are asked to show your identification. You must show your ID to the police, rather than try and keep your identity unknown. Keep in mind, these acts can draw suspicion, and may subject you to charges other than DUI.
- You will be expected to respond calmly, without hostility and without causing a scene. If your actions escalate the stop beyond mere questioning, the authorities are likely to think you have done something wrong.
- You will be expected to provide honest answers, but you are allowed to be brief. The more you say, the more you may be asked. So, if you are looking for a short stop, provide short but polite responses.
The police are not allowed to target certain vehicles for questioning, and also must advertise when they plan to have checkpoint in place. If you believe you were targeted, or the checkpoint you were stopped at was not made public, you can raise these issues as part of your defense. Our team of criminal defense attorneys will help you develop a defense based on the facts, and argue for results that work best for you. Call our DUI attorneys today for help.
If you have been arrested for DUI at a checkpoint, call our office for help. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.