Hello all. As I'm sure most of you aware, DUI checkpoints were found constitutional by both the SCOTUS and Indiana Supreme Court. See Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990); and State v. Garcia, 500 N.E.2d 159 (Ind. 1986). However, I'm also confident that most of you are aware that some cops like to take their police powers a little too far. Nevertheless, there are ways to flex your rights should the time arise.
First, a disclaimer: I am not a lawyer and this should not be taken as legal advice. Also, DON'T drink and drive. Phone a friend, get an Uber or Lyft, or have a designated sober driver. This post is not aimed at provided intoxicated drivers an escape route. I know I am not the only one to have seen the effects of drunk driving first hand. However, as a volunteer firefighter, drunk driving accidents are some of the most gruesome accidents I have responded to. Rather, this post is for those who wish to exercise their constitutional rights such as the right against unreasonable search and seizures. All it takes is a cop to say they smelled -insert here- and, before you know it, you are handcuffed on the side of the road, helpless, as the police rifle through your vehicle indiscriminately.
Second, DUI checkpoints are normally avoidable because they are published ahead of their scheduled time in order to notify the public. Prevention should always be the first choice and it is best to avoid them altogether if you can. There is no formula for police confrontations and YMMV. Always have a lawyer's number handy and seek their advice.
Finally, the police procedure is bound by statute as to how they are supposed to proceed. The folks at Fairdui.org have generated a convenient flyer to hang outside your window in a plastic baggy based on Indiana laws. Inside the baggy, your license, registration, and this flyer are placed inside for the police to read without you having to open your window or communicate. I suggest that you read the webpage's explanations on handling the confrontations and do your own research before attempting their advice.
Drink responsibly, be safe, and know your rights.
First, a disclaimer: I am not a lawyer and this should not be taken as legal advice. Also, DON'T drink and drive. Phone a friend, get an Uber or Lyft, or have a designated sober driver. This post is not aimed at provided intoxicated drivers an escape route. I know I am not the only one to have seen the effects of drunk driving first hand. However, as a volunteer firefighter, drunk driving accidents are some of the most gruesome accidents I have responded to. Rather, this post is for those who wish to exercise their constitutional rights such as the right against unreasonable search and seizures. All it takes is a cop to say they smelled -insert here- and, before you know it, you are handcuffed on the side of the road, helpless, as the police rifle through your vehicle indiscriminately.
Second, DUI checkpoints are normally avoidable because they are published ahead of their scheduled time in order to notify the public. Prevention should always be the first choice and it is best to avoid them altogether if you can. There is no formula for police confrontations and YMMV. Always have a lawyer's number handy and seek their advice.
Finally, the police procedure is bound by statute as to how they are supposed to proceed. The folks at Fairdui.org have generated a convenient flyer to hang outside your window in a plastic baggy based on Indiana laws. Inside the baggy, your license, registration, and this flyer are placed inside for the police to read without you having to open your window or communicate. I suggest that you read the webpage's explanations on handling the confrontations and do your own research before attempting their advice.
Drink responsibly, be safe, and know your rights.