Around the holiday season, police enforcement typically is on high alert for suspected drinking and driving. With holiday parties and an increased number of motorists on the road it is important to know your limit and to be aware of the other drivers that are sharing the road with you.
Random sobriety checkpoints are a preventative measure that local law enforcement use to screen the roads for drivers under the influence. There are rules you must follow but you also have rights when it comes to a checkpoint.
First, you are required to stop. If there is a random checkpoint ahead you can not try to avoid it by turning around. Not only will the police pursue and stop you but they now have probable cause to search your vehicle.
Although you do have to stop at the checkpoint, you are not required to answer any questions. You have the legal right to decline to answer any and all questions.
You do have to present some type of identification if an officer asks. Anytime you are out in public you are required to ID yourself if requested by a police officer.
You do not have to let them search your car. Even if you have nothing to hide, you should never consent to a search of your person or your car. When dealing with an officer of the law it is always a good idea to be respectful, up-front and honest. Taking a confrontational approach will never get you very far with the police. Being respectful and willingly giving up rights is a fine line but respect can go a long way.
Some states prohibit the use of suspicionless checkpoints so check your local laws to see if your state provides or prohibits checkpoints.
If you do find yourself in a situation with the law, contact the McKinney DWI Attorney, Kyle K. Shaw
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