If you are randomly stopped at a DUI checkpoint it is always helpful to know your rights. Essentially, a DUI Checkpoint is a random stopping of vehicles in order to check the sobriety of the drivers. Typically, officers will also check if a person’s license is valid and if that person has any outstanding warrants.
If you are stopped at a DUI Checkpoint, drive normally and follow the officer’s instructions on where to park your vehicle.
Checkpoints must be clearly identified in a manner that a driver can avoid the checkpoint after noticing the sign.
Once stopped at the DUI checkpoint you need to know that:
1. You do not need to roll your window down. Rolling your window down is the officer’s attempt to smell the odor of alcohol on or about you. This will then be used as a basis for asking you to step out of your vehicle and you will be detained while the officers make a guess as to whether or not you are intoxicated.
2. You do not need to provide your ID. Indiana law says that you must provide identification to a police officer if that officer stops you for an infraction or ordinance violation, but a DUI Checkpoint stop is not a stop for an infraction or ordinance violation. It is a random stop to see if the driver is intoxicated.
When a person is pulled over for speeding or other traffic violations (such as not wearing a seatbelt) that person must comply with the Indiana Statute for providing ID as that person has allegedly committed an ordinance violation and/or infraction. So normally ID must be provided. This is not the case for a DUI Checkpoint.
3. You do not need to answer any questions.Officers ask innocent questions with the intent of getting a driver to make incriminating statements such as, “Yes I did have a few drinks” or “I am coming from a party.” Do not incriminate yourself. “I plead the 5th” is the only answer you should provide to a police officer.
If you choose to stand your ground I would highly suggest that you record the encounter with your cell phone.
That being said, if any officer demands you exit your vehicle, you should exit the vehicle or risk being dragged out of your vehicle. Never fight with a police officer. Always record any encounter with a police officer. Always be polite. Always wear your seat belt, otherwise an officer can detain you for violation of state law. And know that if you are able to leave the checkpoint after asserting your rights a police car will likely follow you for a few miles trying to see if he can pull you over for a traffic violation, such as speeding.
DUI Checkpoint cases are heavily contested in Indiana and Attorney Marc Lopez has the skills and know-how in handing them. If you have any questions or concerns call the Marc Lopez Law Firm at (317) 632-3642 or contact us by email.
