As a DUI Lawyer, I have seen just about every type of gimmick, trick, old wives tale and urban legend that exists concerning Driving Under the Influence. However, after reading about U.S. Boarder Agents stoping “foreign looking” U.S. Citizens at non-boarder locations and asking for ID, I dug a little deeper. It seems un-American to stop and question anyone who is not seemingly breaking the law. Isn’t that what the 4th Amendment is all about (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures). That got me thinking about DUI Checkpoints. Not that I hadn’t thought about them before. I have handled countless DUI arrests that occurred at a DUI Checkpoint. In fact, if you want to see a humurous DUI client I got off, click HERE.
The Question is, must you roll down your window and speak to an Officer at a DUI checkpoint? The legal cases that have gone all the way to the U.S. Supreme Court say yes. However, there are examples of people who have apparently found a way around these requirements. Above is a sheet people have printed out and have followed and have been waived through DUI checkpoints without issue. CAUTION: I am not advocating this, nor am I opining on whether it will work or hold up in criminal court. I am just putting it out there for my readers to look at and consider if they find themselves in a situation where they have had too much to drink and end up at a DUI checkpoint.
Jason Diamond, Esq. is the Founding Lawyer Partner of the Traffic Ticket Team. His Attorneys have over 50 years of combined experience and have handled over 1,000,000 Florida traffic tickets. As Traffic Ticket Lawyers we have given traffic ticket legal clinic seminars throughout Florida. To find Attorney locations, click HERE. Our traffic tickets are defended in Miami-Dade, Broward & Palm Beach counties and we also fight traffic tickets statewide.