Behave at a Roadside OUI Checkpoint

In most states, officers have the right to set up checkpoints to screen drivers' sobriety and ticket those who are drinking and driving. Roadside checkpoints typically are set up on holiday weekends at busy intersections or entertainment areas with lots of bars. In some states, the drinking-and-driving charge is referred to as an OUI – operating under the influence. Regardless of whether the offense is called an OUI, DUI, or DWI in your state, the way you should behave at a roadside checkpoint is generally the same.

Steps

Showing Respect to the Officers

1. Don't try to avoid the checkpoint. If you see a checkpoint down the road, it's a bad idea to attempt a U-turn or otherwise attempt to keep from going through it. Even though it's generally not illegal to evade a checkpoint, it looks suspicious.
   • In some states, obviously attempting to evade a checkpoint in and of itself can constitute probable cause to pull you over.
   • Even though you turn down a side street, there may be other officers stationed there to stop people who took that route in an attempt to evade the checkpoint.
   • If you make a U-turn, you could endanger other motorists, as well as violate any traffic laws that forbid U-turns in that particular location.
2. Have your documentation ready. The officer typically will ask to see your driver's license, registration, and proof of insurance. Having these documents ready minimizes the time the officer will spend looking in your car.
   • Having everything ready also means you don't have to fumble around for it. To have everything go as smoothly as possible, you want to avoid having to hunt through your glovebox for the correct paperwork.
   • If you do have to reach over to the glovebox, or into your purse, to get the correct paperwork, let the officer know what you're doing.
   • If you have a licensed firearm in your vehicle, you may want to let the officer know where it is – particularly if there's a high likelihood that they will see it. This is all the more reason to have your documents ready before the officer approaches your vehicle.
3. Keep conversation to a minimum. At a checkpoint, officers only have a limited period of time to observe your behavior and determine whether they believe you have been drinking. Often this suspicion comes from something you've said or the fact that your speech is slurred.
   • You can say something inadvertently that turns out to be incriminating. Even the most innocent response to a friendly, conversational question can raise suspicions.
   • For example, if the officer asks where you have been, or where you are going, they might think you've been drinking if you say you were at a bar or out celebrating.
   • You don't have to be rude about not answering questions. Try answering a question with a question. For example, if the officer asks where you were, you can respond "Would you like to see my ID?"
   • If the officer continues to try to engage in conversation, just say something like "I have nothing to say about that."
4. Avoid threatening gestures or sudden moves. Generally, you want to keep your hands where the officer can see them at all times. In fact, this is a legal requirement in some states. Don't give the officer any reason to consider you a threat.
   • Keep your passengers in check as well. Let them know to remain calm and not make any sudden movements or attempt to engage the officer.
   • If you need to get something, such as your vehicle registration or proof of insurance, tell the officer where it is and ask if you can get it.
   • Refrain from doing anything else until the officer says you can go. Taking a drink of water, lighting a cigarette, or popping a mint or a piece of candy can look suspicious. The officer may think you are trying to avoid or interfere with a breath test.
5. Comply with an officer's reasonable requests. Give the officer the impression that you're being cooperative by doing what you're asked – provided the request is reasonable and you can comply without incriminating yourself.
   • Your right against self-incrimination extends to these brief stops, even though the officer isn't required to remind you of this.
   • If the officer asks you a question and you don't believe you can answer it without incriminating yourself, you can refuse to answer the question.
   • The officer may ask you to get out of the car. This is a reasonable request that you can't refuse. Take care getting out of the car and stand up straight. Avoid leaning on the car or shifting from one foot to the other. These motions can cause the officer to suspect you're intoxicated.

Protecting Your Rights

1. Don't volunteer any information. You may think you can talk your way out of something, but this is generally a bad idea. You can easily let something slip that ends up incriminating you later on, so it's best to speak as little as possible except to answer an officer's direct questions.
   • Keep in mind that you have the right to remain silent. One of the only things officers have to go on to determine whether you've been drinking when you go through a checkpoint is your speech.
   • Many people feel the need to be honest with police officers, but this can backfire. For example, if the officer asks you if you've been drinking, and you've only had one glass of wine with dinner, you may think it's okay to tell the officer that.
   • However, admitting that you've been drinking – even a little – gives the officer probable cause to check your blood-alcohol level. Despite the fact that you aren't drunk, you still could potentially trip a breath test.
2. Refuse roadside sobriety tests. The officer may want you to complete a roadside sobriety test, but these tests always are voluntary, and you have the absolute right to refuse. In most cases, if you refuse the sobriety test the officer won't have enough on you to arrest you.
   • In some states you also are within your rights to refuse a handheld breathalyzer test – but don't do this unless you're sure you have the right to refuse in your state.
   • Field sobriety tests, however – the kind in which the officer has you walk a straight line or stand on one foot – are completely voluntary. You cannot be punished for refusing them.
   • Keep in mind that the officer may say something like "I just want to make sure you're safe to drive." It's still a field sobriety test, and you still have the right to refuse.
3. Leave your window rolled up. One of the things law enforcement officers often use as probable cause to arrest someone for operating under the influence is that the car, or the driver, smelled of alcohol. Leaving the window rolled up doesn't give the officer an opportunity to smell your breath or the interior of the car.
   • You only need to roll your window down enough to hand the officer your paperwork. After that, you can roll it back up again.
   • Some motorists are following the lead of people who suggest that you only have to hold your license up to a closed window, that you don't actually have to hand it over to the officer.
   • However, generally speaking this will probably irritate the officer, at which point they may start looking for something – anything – that could constitute probable cause to detain you.
4. Consider recording the encounter. If you have the means to do so, recording the encounter can provide evidence you can use later on – especially if you end up being arrested. You also can ask a passenger to record the encounter for you.
   • You typically can record what's going on using your smart phone – although you probably want to set it up before an officer comes to the side of your car.
   • If you do decide to record the encounter, don't be rude about it. Taking an antagonistic attitude or drawing attention to the fact that you're recording what's going on can anger or annoy the officer.
   • You are within your rights to record what's going on, but don't stick your phone in the officer's face or make a big deal about the fact that you're recording.

Handling an Arrest

1. Invoke your right to remain silent. Remember that anything you say can and will be used against you. It might make the ride to the station awkward, but police officers cannot punish you for refusing to talk to them.
   • In a ride to the police station, the officers may try to make small talk with you. But once you get comfortable, something could easily slip out that you'll later wish you hadn't said.
   • At this point you don't have to say anything at all. If you remain mute, the officers will understand that you're invoking your right to remain silent.
   • However, if you feel the need to announce it, you can say something like "I'm invoking my right to remain silent." Then say nothing else.
2. Plead "not guilty" at arraignment. The prosecuting attorney may offer you a plea deal immediately after you're charged. However, you need to take the opportunity to evaluate the evidence against you and make your final decision on an attorney.
   • You've probably heard that when you get arrested, you're allowed one phone call. Make that one phone call be to someone who can post bond for you and get you out of jail.
   • You don't necessarily need an attorney at arraignment. The judge will read you your rights and the charges against you, then ask if you understand everything.
   • Since you're pleading "not guilty" at arraignment, the judge will typically discuss the matter of bail, then announce when you're next due to appear in court.
3. Contact an attorney. After you're out of jail, you have time to look for an attorney. You do have the right to an attorney if you're charged with a crime. However, public defenders only are appointed if you meet very strict criteria.
   • Generally, you're only eligible for a public defender if you're legally "indigent." If you have a steady job and work full-time, it's unlikely you'll be considered indigent.
   • You can ask your friends or family for recommendations, but you also need to do your own research on any attorney before you hire them.
   • Ideally, look for the names of three or four attorneys who might work for you, and then schedule initial consultations with all of them. Initial consultations typically are free.
   • After you've completed several initial consultations, you have the information you need to compare and contrast attorneys to find the one that's right for you.

References

See also

• Act when the Police Pull You Over (USA)
• Pay a Florida Traffic Ticket Online
• Write a Letter to Contest a Parking Ticket
• Pay a Traffic Ticket in Nevada
• Go Through a DUI Checkpoint Without Being Tested
• Handle Police Stops
• Pass an Alcohol Assessment
• Get Through a DUI Checkpoint
• Answer Questions During a Traffic Stop
• Fight a Red Light Ticket in California

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