Sobriety checkpoints — also known as DUI checkpoints — are the most common roadblocks you might encounter. They function as a general purpose investigatory tactic where police can get a close look at passing motorists by detaining them briefly. A roadblock stop is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to peer into the vehicle for a moment.
Remember that your constitutional rights still apply in a roadblock situation. Though police are permitted to stop you briefly, they may not search you or your car unless they have probable cause that you’re under the influence or you agree to the search. As such, you are not required to answer their questions or admit to breaking the law.
In the video, a man hangs his registration, insurance, and driver’s license from his rolled up window inside a ziplock freezer bag, in order to proceed through a DUI checkpoint.
Also in the bag is a flyer, which states:
I remain silent
I want my lawyer
Please put any tickets under windshield wiper.
–CPLR §308 & Pacamor, 132 Misc.2d 269 (1986)
I have to show you my papers not hand them to you.
–VTL §312(b), §401(4), §507
Thus I am not opening my window.
I will comply with clearly stated lawful orders.
This DUI checkpoint was put on by the Levy County Sheriff’s Office and the Florida Highway Patrol.
The checkpoint was held on New Year’s Eve, starting at 10:00 pm, in Chiefland, Florida.
According to FairDUI.org, the idea behind the flyer is that you keep it in your car and show it to police at checkpoints and traffic stops. This is NOT for everyone, nor for every situation.
To find out whether the flyer is for you, and when you should (and shouldn’t) use it, you can visit their Flyer page, here.
As long as it takes the officers to read the flyer is as long as the driver is held up. It was amazing.
Now, without further ado, one of the best DUI checkpoint refusals that we’ve ever seen.
Mike Sawyer’s post first appeared at The Free Thought Project.