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What Are My Rights at a DUI Checkpoint?

Can you refuse a DUI checkpoint? And the answer is if you actually drive up to the front of a checkpoint where the officers are stopping motorists, then you have to stop and roll down your window and provide your license and registration and proof of insurance. But there are several key things that you do not have to do at a DUI checkpoint or if you're stopped by a cop and they conduct a DUI investigation


List of DUI checkpoint rights

There is a big list of rights at DUI checkpoint which you can use but you cannot remember all of them. So we are only righting those DUI checkpoint rights which can save your day and you can travel without getting investigate at DUI checkpoint, does not matter that at what state of United States of America you belongs to including California, Illinois, Arizona, Michigan Los Angeles, New York, Texas, Ohio, Alabama, Florida, Georgia and Virginia etc.

1. You have right to turn around before you get to the checkpoint

The most people don't realize is that you can turn around before you get to the checkpoint. There's no law that says that it's illegal to turn around in order to avoid a DUI checkpoint. And in fact, doing so does not give the police probable cause to detain you, as long as you don't commit any traffic violations in the course of turning around, such as an illegal U-turn or failure to signal. And in fact, you can turn around before you reach DUI checkpoints all the time, not because you've been drinking, but because you don't want to sit in that line.

2. You have right to not roll down the car’s window completely

Most of people don’t know but you are not required to roll down your car’s window completely. It is perfectly within the law for you to have your window rolled down enough through which you can communicate with the police and he can observe you perfectly.

3. You have right to stay silent and do not answer any question

You do not have to answer any questions in regards to what you drank, where you drank, or whether you feel intoxicated. Be polite with the officer. Don't get into a pissing match with them. Just tell them politely you're going to exercise your right not to answer those questions.

4. You can refuse for alcohol screen test

If you're at least 21 years of age and you are not on DUI probation, you are not required under California law to submit to a preliminary alcohol screening test. That is the handheld breathalyzer the police will ask you to do before they arrest you. But if you do ultimately get arrested, you are required under California law to submit to either a breath or blood test.

5. You have right to no to submit to field sobriety test

You are under no obligation under California law to submit to field sobriety tests. These are the roadside tests, such as touching your nose, one-leg stand, walking a line, that the police will ask you do to determine whether you're intoxicated. Now, the police will not present this as a choice. They won't tell you that you have a right to refuse. They will just tell you, go walk the line, or, lift your leg. Most people seal the case against them in a DUI by agreeing to do things that they are legally not required to do.

6. You have right to stay in your vehicle

Usually police do not asked you to get out from your car until they believe that you have been drinking and they can judge on the basis of your condition. But the police cannot order you out of your vehicle unless they have reason to believe that you've been drinking.

So the upshot is this. If you're approaching a DUI checkpoint and you have been drinking and you have the opportunity to turn around and go the other way legally and safely, then you should do so. But if you do get detained, remember that you don't have to do anything other than provide your identification.

DUI checkpoint rights card

There is a campaign also running by many non-profit organizations who has published the dui checkpoint rights card. This card states the list of your DUI checkpoint rights. So, in case If you do not remember all of your DUI checkpoint rights, then it is a great idea to have a copy of DUI checkpoint rights card and provide the copy of DUI check point rights card along with your driving license.

By having this knowledge now and refusing to do these things, you will increase the likelihood of beating your DUI by tenfold.

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