Dui Checkpoints ...could This Be You?
By Information Association, LLC, Fri Dec 9th
checkpoints are the only exception to the freedoms grantedto U.S. citizens by the constitution. The U.S. Constitutionstates that the government and police need “probable cause” todetain any citizen for questioning except in the case of DUIcheckpoints. Just because you are out driving, they can detainyou and question you without probable cause. Is this alawful/fair practice?
Read this scenario and ask yourself if this could be you?
Your good friend just moved into a new home a few blocks awayfrom where you live. It’s going to be fun living so close tosuch a good friend. They invite you over for a welcoming dinnerget together Friday night. You attend and there are a couple ofother people there that you know. You arrive around 7:30 PM andare offered a social glass of wine. You accept to be polite andhold the wine without really drinking much, maybe 2 or 3 sipssocially.
Dinner is served around 8:15 PM and you sit down to a nicedinner with a group of old friends. At dinner you enjoy 1 fullglass of wine and relax into some good conversation. Afterdinner everyone moves into the living room where you sit anddiscuss an upcoming event that you all are excited about. As youall talk the host brings you another glass of wine. You realizethat you need to drive home so you don’t really drink the winebut just hold it to be social. You end up taking another 2 or 3sips maximum. You say your good-bye’s around 9:15 PM and headhome.
You only live a few blocks away but as you drive you seesomething strange in the distance. You see a series of brightlights ahead and a bunch of cones spread out along the road. Asyou continue to drive the cones get closer and closer togetherforming a funnel that limits access to the road forcing you todrive directly towards the bright flashing lights. Your eyeswere already adjusted to the dark night and the upcoming brightlights are disorienting you a bit as you drive towards them. Thecombination of the cones re-directing the traffic pattern alongwith the bright lights makes you unsure of exactly where you’resupposed to drive on the road.
As you get closer to these bright lights you see a large groupof people standing along side the road, some carrying signs. Youstart wondering what all of these people are doing standing onthe side of the road and you try to read some of the signs asyou approach. This distracts you from the bright lights for asecond because it’s such an odd thing to see. As your attentionreturns to the bright lights your eyes are struggling betweendilating for the darkness and adjusting to the brightness. Yourheart rate has started to increase in response to all of theconfusing stimuli.
As you
pull up to where the road is blocked an angry policeofficer begins yelling for you to roll your window down and shutoff your car. Unsure why he is so upset you roll your windowdown and try to calm yourself. As your window comes down hesticks a bright high powered mag light into your car and shinesit right on your face. He immediately begins interrogating youwith questions like, “Where are you coming from?” “Where are yougoing?” “How much have you had to drink tonight!” Still unsure as to why he’s so angry you to try to answer butyour heart is now pounding so fast and you’re beginning toperspire excessively because of the intimidating scene in frontof you. You hesitate, and then nervously answer his questionsand honestly state that you had 1 glass of wine tonight.
The officer barks, “Why did you have to think about how much youhad to drink, you’re not sure are you?” With your response yousimply state that you just hadn’t thought about it before heasked.
He then asks you to step out of your car and perform a series ofstrange exercises in front of this large group of people who hasnow begun to yell at you. You are made to stand on one foot andcount, then a pen is waved in front of your face followed by thepolice officer demanding that you blow into this little devicehe pulled from his squad car. You remember something about nothaving to do anything without speaking to a lawyer first and youask the police officer about this. He fires back that you areafraid to blow because you know you are guilty and have drankexcessively. He tells you that you’ll be in big trouble if youdon’t blow into the machine. Unsure of what you are supposed todo or what your rights are, you do as the officer demands.
Your heart is literally pounding and you feel the sweat drippingfrom your forehead as you think about what is happening. Stillunsure of what your rights are in this situation you decide thatthe best thing to do is answer all of the police officer’squestions and do as your told.
After another series of questions he writes what seems like aparagraph on some type of report and then informs you that youare being arrested for suspicion of DUI. You are handcuffed andput in the back of the police car while the group of peoplestanding off to the side cheer.
In his police report he notes that you smelled like alcohol,admitted to drinking alcohol, were perspiring excessively,swerved while approaching the checkpoint, and appeared“disoriented” and “nervous.” He also notes that you failed allfield sobriety tests.
Could this be you?
About the author:The Information Association, LLC publishes step-by-stepinstructions for those with records or are arrested for DUIto clear their records and minimize the damage done to theirpersonal lives at http://www.duiprocess.com
