Whether it’s during the holidays or over the weekend, the purpose of DUI checkpoints is to deter intoxicated driving and keep motorists safe. If you encounter one of these checkpoints, there is a chance you may find yourself arrested and charged, despite any misunderstandings.
Remember, you possess rights that may help you avoid further charges and stay safe. For example, laws exist to protect you from unreasonable search and seizure. If any evidence was gathered against you due to illegal search and seizure, it can be deemed inadmissible in court.
The following are several tips to follow whenever you pass through a sobriety checkpoint:
- Be polite. Remain respectful when you interact with the police officer since they may use your behavior against you. Do not answer any questions that would incriminate you or cast you in a negative light. Remember, you have the right to remain silent.
- Hand over your license and registration only when asked. According to the law, you are required provide proper documentation such as license and registration if law enforcement requests it. Do not immediately retrieve those items since unprompted movements to a glove compartment or pocket may appear like you’re reaching for a weapon.
- Do not consent. As we mentioned above, you have the right to withhold your consent to any searches. Law enforcement officers are trained to look for “probable cause” that would allow them to search your vehicle. If you verbally refuse consent and the police search your vehicle anyway, your lawyer may be able to argue that the search was unlawful.
- Refuse field sobriety tests. You are not required to perform a field sobriety test. Some field sobriety tests are unreliable and inaccurate, which may result in a false arrest and charges.
If you have been recently arrested at a DUI checkpoint, there are often multiple defenses which can be made on the driver’s behalf. At The Orr Law Firm, our Denver DUI attorneys can investigate your arrest, examine all of the available evidence, and build an effective defense strategy to either get your case dismissed altogether or get your charges reduced.
Contact us and request a free consultation today.