Don’t break the law to avoid the checkpoint. For example, you must use proper turn signals, drive at a safe speed, and observe all other traffic laws. If you don’t, then the police have a reason to pull you over. [2] X Research source Once you are pulled over, they can give you a chemical test if they suspect you have had too much to drink. Be aware that not all police forces outside the USA do a sobriety test. Many will use a breathalyzer straight away. The police will scrutinize any vehicles that evade the checkpoint, so make sure to drive properly.
Many police now disguise checkpoints as construction zones. For example, they will put up orange cones and construction signs. This is done to prevent you from avoiding the checkpoint. [3] X Research source In some US states, police must advertise where they will set up checkpoints. For example, they may publish a notice in the newspaper. [4] X Research source You can also download apps, such as PhantomAlert, that will alert you of DUI checkpoints. [5] X Research source
Generally, a 160-pound person will have a BAC of 0. 080 after four drinks. A drink is 1. 5 ounces of hard liquor, 5 ounces of wine, or 12 ounces of beer. [7] X Research source By contrast, a 120-pound person will have a BAC of 0. 081 after consuming three drinks. Other factors influence your BAC, such as whether you had the drinks with a meal and when you drank them. In all 50 states and the District of Columbia, drivers under the age of 21 cannot have any amount of alcohol in their blood alcohol content (BAC). The purpose of this law is to discourage underage drinking. In all 50 states and the District of Columbia, commercial vehicle drivers cannot have a blood alcohol content (BAC) higher than . 03% while driving a commercial vehicle. Some states even extend this to personal vehicles for CDL holders.
The officer will want to bend down close to your window so that they can take a peek inside and also smell your breath. [9] X Research source If you are transporting anything you don’t want the cops to see, it should be stowed under your seats. You can try to mask alcohol on your breath with a breath mint. However, alcohol is in your lungs after you drink, and the “alcohol breath” you smell comes up from your lungs when you breathe. [10] X Research source A mint might mask some of the smell but only briefly.
A cop might interpret fumbling as lack of coordination due to alcohol consumption. Make sure you have your registration and license nearby so you can easily hand them over. You may also have to turn over proof of insurance, so have it nearby as well.
If you have been drinking, you probably are best off saying simply, “I don’t want to answer that. ” Remember not to argue or be rude. When answering, look away from the officer. If you talk, the officer will try to get a good sniff of your breath. If they detect alcohol, then they will ask you to pull over for further questioning. Avoid saying, “I only had one drink” or “I stopped drinking several hours ago. ” Any admission of drinking could be used against you.
The officer also might stick their head into your car or point a flashlight into it and wave it around. They are not supposed to enter your vehicle at the checkpoint. Politely ask them not to invade your space or wave a flashlight around. If the officer asks you to step out, ask if they’re asking or ordering you to step out. If they ask you, politely decline to do so. If they order you to step out, shut off your car, take your keys with you, roll up the windows, and lock the doors. Tell them you do not consent to searches.
Remember not to drive off until the police officer tells you it is okay. When in doubt, ask, “Can I leave now?” Observe all traffic rules as you pull away. Don’t speed or make sudden movements. Use your blinker.
From the moment the police ask you to pull over, you must understand the police are in control of the situation. You should generally comply with their requests—unless you have a valid reason not to. Try to remain calm throughout the encounter. The more nervous you are, the more suspicious you will look. Take a couple of deep breaths as you pull your car over.
If you have been drinking, you really don’t want to give the officer more evidence to use against you. [15] X Research source Accordingly, you should politely decline. Say, “I’m sorry, my lawyer has advised me against taking these tests. ”[16] X Research source
If you refuse the breathalyzer, the prosecutor will lose his or her strongest evidence against you. However, you will need to lawyer up because the jury is instructed to choose whether they want to believe you refused because you knew you would fail. Depending on what you told the police, the good news is refusing a breathalyzer makes it easier for your lawyer to negotiate with the prosecutor to have your refusal charge either dismissed or reduced. Some states such as New York allow you to call your lawyer for legal advice before taking the chemical test. Unfortunately, you must have a specific attorney (you are not entitled to a public defender) and mention his or her name to the officer. Tell the officer you refuse to answer any of their questions until you spoke with your attorney. For example, you could lose your license for a certain amount of time. Driving is a privilege, not a right. And your state can make a driver’s license conditional on your consent to chemical tests. These are called “implied consent laws. ” In California, for example, you can lose your license for up to a year if you decline. [17] X Research source You might want to decline if you already have a DUI on your record. There’s no reason to give the police more evidence to use against you. Even if you decline, the police can get a warrant for a blood test, which they can administer against your will. So refusing a chemical test might only buy you some time. Some states like New York allow you to have a conditional or restricted driver’s license if your license is suspended, primarily so you can drive to work or to school while waiting for the suspension to be over. You are ineligible for this license if you refused the chemical test.
Also don’t provide details about how much you have been drinking. Instead, say, “I don’t recall” or “I haven’t been drinking. ”[18] X Research source You can also clarify you won’t be answering any questions. You can say, “I’m sorry, officer, but my lawyer has advised me to remain silent when pulled over. ” Then stay silent. Simply smile if the officer asks another question.
Asking to leave is not the same as taking it upon yourself to leave. Don’t throw the car into drive and pull away. Don’t even walk away from the officer. Instead, stand there and ask if you are free to go. If the cop ignores your question, continue to ask it: “Can I leave now?” Always remain polite but persistent.
Police must stop all questioning once you request a lawyer. [21] X Research source However, you can’t voluntarily start talking about the incident. If you do, the police can start up the questioning again.
If you don’t know the name of a lawyer, then call someone who you know is home. Ask them to get an attorney and tell them where you are located. Some stations might have a list of lawyers you can look through. If you aren’t given a chance to call a lawyer, then you might be able to ask for one when taken before the judge for your initial appearance or arraignment. When you talk to your lawyer or family on the phone, admit nothing. The jailhouse phones are usually bugged. [23] X Research source
