Every fall and spring in Palm Beach County, Florida, the Sheriff’s Department conducts a two-day “saturation patrol,” with a focus on drug or alcohol-related violations. The sheriff’s department does not publish its planned stops in advance; however, they generally follow the same traffic patterns at certain times of day and on weekends.
Surprise police checkpoints can be a nightmare not only for drivers who have been drinking, but also for those who are sober. Even though it is legal to drive through such checkpoints and refuse to stop and talk with the officers (or even roll down your window), if the police believe that you look suspicious or like someone they’ve pulled over before, you will likely be forced to stop your vehicle and asked to exit the car.
Sometimes, a simple refusal is all it takes for officers to suspect that you have been under the influence. In some cases, they will even threaten you with arrest if you don’t comply with their requests. Even if you are not drinking or under the influence of drugs, these checkpoints can be intimidating and scary. Here are some tips to help you avoid vision system inspection mistakes at checkpoints.
First, if there’s an accident or road hazard nearby that might require police attention, pull over into the first available parking lot or rest area. This will allow other motorists to move through the checkpoint unimpeded.
Second, remain calm and polite. Police are trained to read your body language for signs of hostility or intoxication, so learn to control any nervous habits that might be obvious to the officers.
Respond directly to all questions asked of you by law enforcement officials. You will very likely be asked if you have been drinking, where you are coming from, what time it is, and where you are going. It’s always best to be honest, especially when it comes to drinking and driving.
If you’re not under the influence and there is no probable cause for a search, don’t let officers intimidate you by demanding that they inspect your vehicle. Again, be polite but firm in refusing the request of the police.
It’s important to note that it’s not a violation of your Fourth Amendment rights (the requirement for “probable cause” before a search) to drive through such checkpoints or stop and talk with police officers. You’re only required to answer questions; you aren’t obligated to waive your constitutional rights by opening the door for an extensive search of your vehicle.
If you’re not drinking and refuse to let officers search your vehicle, an officer might detain you while he or she checks your license and registration. This is perfectly legal and will only take a few minutes. If for some reason they still want to give you a roadside sobriety test, go ahead and complete it; there’s nothing else you can do to avoid this other than refusing to answer questions or submit to a search.
If you’ve had something to drink, it’s best to stop your vehicle in the first available location and ask for directions to the nearest rest area or highway exit. And if an officer does pull you over for questioning, remain polite and calm; there’s no point in getting angry or defensive about a checkpoint.
Be careful when talking with the police, because even if you have not been drinking, it can be easy to make a mistake without realizing it until later. That’s why it’s so important to have an experienced DUI attorney who can represent your interests and defend your rights as a driver. In most cases, it’s mandatory for police to read you the information of your Miranda rights even if you aren’t under arrest and you can politely and calmly tell them that you would like to remain silent.
If officers do decide to take you in, they will likely confiscate your license and registration and hold onto these documents until after the case has been resolved. So you should make sure that you have copies of these papers at home or in your car at all times.
All of this advice boils down to one simple idea: Police officers are allowed to stop vehicles at checkpoints, but they can’t force drivers to answer questions or allow inspections of their cars without probable cause. Be cooperative and polite, but if you’re not under arrest, don’t be afraid to exercise your constitutional rights.
Conclusion:
The information included in this article is not legal advice, but it may help you understand your rights. If you find yourself facing charges of driving under the influence, contact an experienced DUI attorney to discuss your case and begin building a solid defense strategy.
