DUI Checkpoints and Your Options
A while back, we kept seeing videos of drivers who had attached a note to their window when they proceeded through a DUI check point. The note stated: “I remain silent, No searches, I want my lawyer”. The videos took place in Florida where most were waved through the checkpoint but some were not.
Arizona DUI laws differ from Florida laws and it is unlikely that a note like this will work at a DUI Checkpoint in Arizona. However, you do want to limit your interaction with the police at a checkpoint to as little as possible.
Here are some tips on what to do when you are at a checkpoint:
- Police are not legally allowed to search your car at a dui checkpoint unless they have probable cause (i.e. you appear to be visibly intoxicated), or you grant them permission. Do not grant them permission to search your vehicle.
- If you do not roll down your window when asked at a roadblock, this may heighten the officer=s suspicion and may give the officer grounds to pull you over to the side of the road. Be cooperative with the officers.
- You are protected by the 5th Amendment. As a result, you do not have to answer any questions if you do not want to. You can simply reply to any question by responding I don=t wish to answer that question.
- Field sobriety tests are some of the most common tests conducted during DUI investigations. Authorities will usually ask you to exit the vehicle and perform the field sobriety tests. You do not have to perform any field sobriety test.
- After the field sobriety tests, the officer has two options: let you leave, or place you under arrest where you are now in custody. In order to arrest you for a DUI the officer must have probable cause for the arrest.
- If asked to submit to a breath or blood test, it is recommended to comply with this request. Refusing a breath or blood test can often result in additional penalties from MVD which can include the suspension of your drivers license for one year.
- If you are asked to pull over at a DUI checkpoint ask to speak to a lawyer immediately.
Thrush Law Group has lawyers available to assist you in emergencies like this, any day any time.