I was driving home from work last night and about half way home I noticed traffic merging into a single lane and a sign that said DUI check point. They just asked me for my drivers license and asked if had anything to drink. They glanced at my license and I was on my way. I'm glad they're checking for drunk drivers but how can they tell someones drunk if they just glance at your license and send you on your way. I know they can catch really bombed drivers but what about someone whos kinda drunk but doesn't look like it? Anyone else ever been stopped at a DUI check point? Was it the same situation as mine?
DUI Check Points?
- Thread starter HiTek21
- Start date
The smell for one. The eyes, speech, empty beer cans in the car. You would be suprised. I can come with with several indicators on a sobriety checkpoint to have someone moved into the pull over area for a FST.
By chance did the cop that talked to you have what appeared to be a Maglight in his hand and shine it in your face as he talked? He may have been breathalyzing you as you spoke.............there is a "Maglight" that has a Breathalyzer built into it for "quick checks". If the butt-end of the "flashlight" signals it's sniffed alcohol, they'll pull you over for a real one.
i have seen check points by me where you will obviously notice the checkpoint 1-2 miles ahead. then a couple cops will sit by the only turnoff from that road figuring anyone trying to get out of going through the check point has a good reason to do so and should be pulled over. then at the check point you can see they don't even care and just wave people by.
Thats new to me. Cool.
And one ploice station did a twist on the DUI checkpoint. They put up sign saying check point ahead. They put these right before a exit. Of course there was no check point AHEAD, but it was at the bottom of the exit. They caught a pile of people doing that. One of the peopel caught sued saying it was illegal to trick them like that. It made the news, but was thrown out pretty quick.
And if you don't like DUI check points, don't drink and drive, period.
You can ask why you were pulled over. Turning around legally to avoid a checkpoint is not something they can pull you over for and does not qualify as reasonable suspicion. Now, in reality, this might not be the case. But, if you're drunk, there's no reason not to try it. A good lawyer would probably get it thrown out if that is the only reason they stopped you in the first place.
I'm saying if you are drunk...otherwise, why go through the hassle.
Same thing with drug checkpoints. There were a few cases thrown out recently where the officers put up drug checkpoint signs and then pulled over anyone getting off the interstate to avoid the upcoming drug checkpoint. They said this was invasion of privacy and an illegal stop.
We have them in Indiana. I've never seen one in Michigan but I live in a pretty boring area. They might have them in Detroit.
alkemyst
No Lifer
- Feb 13, 2001
- 83,769
- 19
- 81
For me I believe these things are unconstitutional.
The whole DUI law system is unconstitutional.
I got caught up in it. You can and there were three people in the classes I had to go to that were arrested for a DUI in their driveway just for having keys in their possession and either cleaning, getting cigarettes, or (something else i forgot) out of their cars. No intention to drive.
Now the field side tests do one thing....get recorded to make you look drunk. They have tapes of FST being administred to sober, drunk and stoned people. Most people will say a sober person is drunk watching them do these things. My FST was given to me on the middle line of a two lane street with no street lights and both cops having their spot lights at my face. Two cars passed by me during the test. The reason I failed is because I said the alphabet backwards....the officer was 10 feet away giving me instructions and I could not hear him clearly, this was on my 'tape'...I asked him to repeat the instructions and he told me I should have heard him clearly.....on the report he wrote "Alphabet test": Z, Y, X, W, V (test stopped and restarted); Z, Y, X, W, V, U, T, S, R, Q....(test stopped, what is this person on??????); test instructions given again, claims he cannot hear me now, test started (zyxwvutsrqponmlkjihgfedcba)....obviously under the influance of something. Arrested and taken to County Jail.
Then the interesting thing starts....they have me blow like 10 times into this thing....I kept passing and they kept telling me to do it again. At this point my inside lip was bleeding due to an accident I had that day....I explained it was now causing me pain to repeat this test and what are they trying to accomplish....I was told to do it again.....after a couple times I hit .168 I had drank 4 beers from about 8-9ish until my arrest at 2am...it was now about 3 am at those numbers that meant in the previous hour I downed 7 beers or approximately 12-16 or so from when I started to when I got arrested. Pretty much impossible....unless you find out that the 'breath test' measures blood in your breath, so when actual blood is present it is off by something like 10x+ the amount. I still had my reciept from the night with 4 beers on it and the time the tab was started (Customer In) and when I left (Customer Out).
With a DUI also you are automatically detained for 8 hours (which is more like 12-16 with processing and everything they do), there is no bail, no getting picked up....you car is automatically towed (my car was in the process of pulling into my driveway)....etc
Now say you want to fight it....no problem right? you have two avenues...the lawyers that advertise $500-1500 or a real defense attorney...for $500-1500 they will plea you guilty and minimize the impact on your future record.....a real defense attorney wants usually about $10k to start a defense.
Assuming you really are innocent...you will need to hire expert witnesses since you are not allowed to present your own facts about medical and science on this matter, even if you are an expert yourself. Those experts want about $1000-$5000 per day + expenses. They have to be present the first day and chances are once the court finds out you are contesting the charges they give you a new hearing...in my county that's about 6 months to a year away and during this time you cannot drive at all, if contesting you don't qualify for the hardship license for work only given after 3 months of no driving.
My defense would have cost me a minimum of about $45k if I was lucky and I would have to get a ride anyway I went for the next year to 1.5 years. I lived 45 mins outside of town so I had to settle.
Total cost for that was about $3k maybe and 3 months and a few nights of my time. I have been stopped in two roadblocks since and one time they tried to have me do the FST again...I refused and told them I would gladly blow into the breathalyzer but I 'have very bad joints' and cannot do the field test. I also told him I have a previous DUI and assured I was not drunk or even drinking. He allowed me to go....I am not sure if I handled that the best way, but I don't really go out to places with them anymore since I moved.
MADD has a great lobby, hard to disagree with a Mom who's child got killed by a drunk and I feel if you have been arrested three times in 5 years for DUI without some kind of medical explaination (ie you were not drunk) that a tough sentence is warranted.
The whole DUI law system is unconstitutional.
I got caught up in it. You can and there were three people in the classes I had to go to that were arrested for a DUI in their driveway just for having keys in their possession and either cleaning, getting cigarettes, or (something else i forgot) out of their cars. No intention to drive.
Now the field side tests do one thing....get recorded to make you look drunk. They have tapes of FST being administred to sober, drunk and stoned people. Most people will say a sober person is drunk watching them do these things. My FST was given to me on the middle line of a two lane street with no street lights and both cops having their spot lights at my face. Two cars passed by me during the test. The reason I failed is because I said the alphabet backwards....the officer was 10 feet away giving me instructions and I could not hear him clearly, this was on my 'tape'...I asked him to repeat the instructions and he told me I should have heard him clearly.....on the report he wrote "Alphabet test": Z, Y, X, W, V (test stopped and restarted); Z, Y, X, W, V, U, T, S, R, Q....(test stopped, what is this person on??????); test instructions given again, claims he cannot hear me now, test started (zyxwvutsrqponmlkjihgfedcba)....obviously under the influance of something. Arrested and taken to County Jail.
Then the interesting thing starts....they have me blow like 10 times into this thing....I kept passing and they kept telling me to do it again. At this point my inside lip was bleeding due to an accident I had that day....I explained it was now causing me pain to repeat this test and what are they trying to accomplish....I was told to do it again.....after a couple times I hit .168 I had drank 4 beers from about 8-9ish until my arrest at 2am...it was now about 3 am at those numbers that meant in the previous hour I downed 7 beers or approximately 12-16 or so from when I started to when I got arrested. Pretty much impossible....unless you find out that the 'breath test' measures blood in your breath, so when actual blood is present it is off by something like 10x+ the amount. I still had my reciept from the night with 4 beers on it and the time the tab was started (Customer In) and when I left (Customer Out).
With a DUI also you are automatically detained for 8 hours (which is more like 12-16 with processing and everything they do), there is no bail, no getting picked up....you car is automatically towed (my car was in the process of pulling into my driveway)....etc
Now say you want to fight it....no problem right? you have two avenues...the lawyers that advertise $500-1500 or a real defense attorney...for $500-1500 they will plea you guilty and minimize the impact on your future record.....a real defense attorney wants usually about $10k to start a defense.
Assuming you really are innocent...you will need to hire expert witnesses since you are not allowed to present your own facts about medical and science on this matter, even if you are an expert yourself. Those experts want about $1000-$5000 per day + expenses. They have to be present the first day and chances are once the court finds out you are contesting the charges they give you a new hearing...in my county that's about 6 months to a year away and during this time you cannot drive at all, if contesting you don't qualify for the hardship license for work only given after 3 months of no driving.
My defense would have cost me a minimum of about $45k if I was lucky and I would have to get a ride anyway I went for the next year to 1.5 years. I lived 45 mins outside of town so I had to settle.
Total cost for that was about $3k maybe and 3 months and a few nights of my time. I have been stopped in two roadblocks since and one time they tried to have me do the FST again...I refused and told them I would gladly blow into the breathalyzer but I 'have very bad joints' and cannot do the field test. I also told him I have a previous DUI and assured I was not drunk or even drinking. He allowed me to go....I am not sure if I handled that the best way, but I don't really go out to places with them anymore since I moved.
MADD has a great lobby, hard to disagree with a Mom who's child got killed by a drunk and I feel if you have been arrested three times in 5 years for DUI without some kind of medical explaination (ie you were not drunk) that a tough sentence is warranted.
DUI Checkpoints are an invasion of privacy, the police should NOT be allowed to search anyone they like without probable cause. I've never actually encountered one though so I don't really have reason to make a big deal out of it.
Checkpoints are NOT unconstitutional. It has been held up in court time and time again. And to the idiot that got a DUI you got it coming for driving under the influence. They had you blow that many times as the meter will not give a reading if it does not have a large enough sample. This is to PROTECT people. It makes sure it didn't get a slight sample of alchol and average it in, it needs a large sample. But of course it is the system that is wrong, not you for drinking and driving.
Don't like checkpoints, well then slow down, put your seat belt on, and don't drink and drive.
Don't like checkpoints, well then slow down, put your seat belt on, and don't drink and drive.
Linflas
Lifer
- Jan 30, 2001
- 15,395
- 78
- 91
Originally posted by: Marlin1975
Checkpoints are NOT unconstitutional. It has been held up in court time and time again. And to the idiot that got a DUI you got it coming for driving under the influence. They had you blow that many times as the meter will not give a reading if it does not have a large enough sample. This is to PROTECT people. It makes sure it didn't get a slight sample of alchol and average it in, it needs a large sample. But of course it is the system that is wrong, not you for drinking and driving.
Don't like checkpoints, well then slow down, put your seat belt on, and don't drink and drive.
I love the "it has been held up in court time and time again" routine. I can cite a ton of things in US history that were held up in court time and time again that we find pretty repugnant today. Does Dredd Scott or Japanese interment ring a bell just for starters?
Although fvcktards that drink and drive should be pistol-whipped, I do feel this quote sums up my beliefs on DUI checkpoints:
"Any society that would give up a little liberty to gain a little security will deserve neither and lose both."
-- Benjamin Franklin
"Any society that would give up a little liberty to gain a little security will deserve neither and lose both."
-- Benjamin Franklin
alkemyst
No Lifer
- Feb 13, 2001
- 83,769
- 19
- 81
Originally posted by: Marlin1975
Checkpoints are NOT unconstitutional. It has been held up in court time and time again. And to the idiot that got a DUI you got it coming for driving under the influence. They had you blow that many times as the meter will not give a reading if it does not have a large enough sample. This is to PROTECT people. It makes sure it didn't get a slight sample of alchol and average it in, it needs a large sample. But of course it is the system that is wrong, not you for drinking and driving.
Don't like checkpoints, well then slow down, put your seat belt on, and don't drink and drive.
hmmm what gets held up in court has nothing to do with the constitution a lot of times .....
the idiot you are referring to was me and the breathalyzer read a reading the previous times I blew, but they kept testing me. I learned it will not give a reading if the sample is not large enough. Once the gash that was about 4" across my lower lip opened up it got a very high reading then they stopped. Each time I blew long enough to exhaust my lungs. I have drank and driven before when I was younger, the time I was arrested I had 4 beers in over 6 hours, there was no possible way for me to be at a .168. end of story. Now for me to prove that is a matter of tens of thousands of dollars, easier to settle and make sure I don't get another than to defend it. Whether or not I was guilty before or after doesn't mean I deserved it...I could have easily never have been guilty of doing it in the past and this one time could have been unjustified at all.
Also your final point is really idiotic...there are two ways they do checkpoints here and either one had nothing to do with anyone doing anything wrong. The first type an officer flags about 10 cars to pull into the parking lot and then lets about 10 go, pulls 5 over, lets 5 go, etc.
The second type they pull over everyone.... A checkpoint is different than an officer pulling up behind you to pull you over because you were speeding, or doing something else wrong.
Either way you are delayed at least 45 mins, once over an hour. 99% of those pulled over have done nothing wrong but use the road they paid taxes for.
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