McHenry County, Illinois – What to do when approaching a DUI checkpoint – Defense Attorney Evan E. Randall
The United States Supreme Court has upheld the constitutionality of DUI checkpoints. This means that they are here to stay and drivers need to know how to deal with them. These checkpoints can bee seen by drivers on random nights or on the night of a big holiday. Know what you can, and cannot, do when approaching a DUI checkpoint.
The Checkpoint Process
While the United States Supreme Court has decided this law enforcement practice is constitutional, rules must be followed. Here are a few of the general ones:
- The placement of the checkpoint cannot cause undue traffic jams or unsafe driving conditions – for many reasons, this being one of them, you won’t see DUI checkpoints on the interstate
- The checkpoint cannot be sprung upon motorists – typically, signs and lights are used to alert oncoming traffic before the checkpoint is reached
- Undercover police officers and vehicles cannot be used – the checkpoint must obviously be conducted by law enforcement
- The focus has to be on intoxicated driviers – generally speaking, if a driver is not intoxicated, they cannot be held in police custody
- In order to ask a driver out of the vehicle, the police officer must have a “reasonably articulated suspicion” that they are intoxicated
As you can see, there are a lot of rules governing the DUI checkpoint. Evan E. Randall defends the rights of drivers facing DUI or other traffic offenses. He has researched, argued and litigated many DUI issues and this is the type of experience you need in case like this.
What Illinois Drivers Can Do
It is our firm belief that a driver who knows his rights is far less likely to need a criminal defense attorney. We focus on educating our clients so they know how to avoid trouble before it even begins.
First, you can legally turn around, go for it. So long as you make a legal manuever, you can avoid the checkpoint altogether. Caveat – police officers often sit by the warning signs and follow drivers who turn around.
If you go through the checkpoint, here are the big 2 rights each driver has:
- Right to remain silent – no matter what, you do not have to incriminate yourself. Where are you coming from? Have you been drinking tonight? Know that you can simply sit in your vehicle and refuse to respond
- You do not have to submit to the breathalyzer or field sobriety tests (walk and turn, one legged stand, horizontal gaze nystagmus, etc.)
Drivers who act tense are going to be at a disadvantage. The police look for those who are uncomfortable or nervous. The calmer the driver, the better the result.
DUI Checkpoint Defense
D-I checkpoints create a whole lot of problems for Illinois drivers. Many states, such as Wisconsin, do not allow them because they infringe on the right to be free from unreasonable search and seizure. Evan E. Randall continues to defend the rights of McHenry County drivers who find themselves caught in the DUI checkpoint ) trap. Facing charges caused by this questionable police practice? Call an experienced DUI defense attorney today at (815) 880-4529 or at [email protected]