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What Are Your Rights at a DUI Checkpoint?

October 27th, 2016 at 7:00 am

DUI checkpoints, Rolling Meadows DUI attorneyDUI checkpoints are common in Rolling Meadows and the surrounding areas. Law enforcement will set up a checkpoint—a temporary stop—to see if a driver is intoxicated on drugs or alcohol while driving. However, the problem with DUI checkpoints is that the police officers who man these stops may take too many liberties when it comes to investigating potentially intoxicated drivers. Therefore, it is important to understand your rights if you are stopped.

You Do Not Have to Answer Questions

Often, drivers do not realize that they are not required to answer a police officer’s questions when stopped at a DUI checkpoint. When a police officer asks where you were earlier in the evening, or where you are going, you do not have to answer. Police officers ask these questions to gather evidence against you, and you do not have to incriminate yourself. If you are not under arrest, then the police have no right to interrogate you. As such, you can politely decline to answer their questions at a DUI checkpoint.

You do, however, need to comply with their commands such as providing your driver’s license and registration upon request. Use common sense when you are stopped at a DUI checkpoint if law enforcement ask you a few initial questions. You can always say that you will not answer any questions without your lawyer present.

Police Cannot Search Your Vehicle Without Probable Cause

While law enforcement officers have the right to briefly stop you at a DUI checkpoint, they do not have free reign to search your vehicle without permission. A law enforcement officer has to have probable cause in order to conduct a search of your vehicle during a DUI check under your 4th Amendment protections. Police often develop the necessary probable cause to conduct a search of your vehicle if they observe something during the DUI stop that suggests you may be intoxicated behind the wheel. Common examples of evidence that supports the police officer having probable cause includes smelling alcohol in the vehicle or on the driver’s breath, or witnessing an open alcohol container in the vehicle.

Arrested at a DUI Checkpoint? Call The Law Offices of Christopher M. Cosley

If you were arrested for DUI during a DUI checkpoint, it is important that you contact a knowledgeable Rolling Meadows DUI defense attorney who can review your case and explain your rights. Do not delay when it comes to getting the legal defense that you need. Call 847-394-3200 today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

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Written by Staff Writer

October 27th, 2016 at 7:00 am

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