Miltenberger Law Offices

A DUI checkpoint is one of the most potentially dangerous situations a driver can encounter. From possible fines to jail time, it’s no laughing matter when you are confronted with such a checkpoint. There are plenty of ways to protect yourself, but there is absolutely no single way that will work best in every situation.

With this article, we hope to outline some strategies and tactics you can use if confronted with a DUI checkpoint while under the influence.

Stay Calm

The first thing to remember is that this is not your typical traffic stop. The police officer is hoping to engage you, and if they sense you are not under the influence and cooperative, they will usually take that as a positive sign. They will usually give you some time to collect yourself before they move on to the more intrusive questions such as field sobriety tests.
Don’t scowl, and don’t get angry. Remain calm. 

Do Not Volunteer Information

Let the officer ask the questions. Otherwise, they will assume you are at least under suspicion of driving drunk. Be careful what you say. If asked to do field sobriety tests, don’t try to cheat and fail them.

Do Not Make a U-Turn

Do not avoid the checkpoint at all costs. By doing so, you are only suggesting your guilt. Instead, follow the officer’s instructions and do as you are told. The best thing to do is to get out of the checkpoint as smoothly as possible and pray that nothing goes wrong.

Preliminary Breath Tests

These are usually nothing more than a preliminary request for a breath sample that would eventually become evidence if an arrest is made. If you refuse a preliminary breath test, the officer can not use this test as evidence against you in court. However, a refusal of a preliminary breath test is often grounds for a separate charge.

Field Sobriety Tests

These are often used to coerce people into providing evidence against themselves. If you provide evidence, it can be used against you in court, so do not admit guilt.

Contact an Attorney

If you are arrested, contact an attorney immediately. You will want legal guidance before proceeding any further. Though you may be innocent, you can be convicted if you do not know your rights or how to protect them. Exercise your right to remain silent.

The Bottom Line

The officer may end the checkpoint without ever suspecting you of anything, but this is far from guaranteed. Always be on guard for police officers trying to trick you into incriminating yourself. Contact us anytime you need professional guidance from DUI lawyers in Omaha.