Me Refusing Police at DUI Checkpoint

critical

A constitutionally questionable DUI checkpoint is the best place to keep your mouth shut and not comply, not only on the grounds of what is right, but for your own protection.

They would not have asked to search the car next. They would have asked for me to submit and do their light test. From there they can say I failed there test. If I never take the test, they have nothing further to go on. Best to always keep your mouth shut.

Just a note: I got pulled over a couple weeks ago. Only questions I was asked were if I had a front license plate at home and if I liked my car, both of which I answered.

The video doesn't capture it but there were two cops on the passenger side window encroaching into the car, very invasive stop. Also, I was flagged to pull over from the main street, and they did this in a parking lot. There were like 6 stations for cars to be parked.

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BMW Killa

I could tell from the flashlights being shined in that there were more police involved that what we could see on camera.

gsxr750

In most states refusing to submit a DUI test will result in your drivers license either being suspended or revoked , by your state DMV or a local judge, so if you haven't been drinking its a foolish move.

Also if you have been drinking and refuse the test, its hard for the police to get a conviction on a DWI charge that requires a certain alcohol blood percentage. But what they can get a conviction on is driving while impaired, which doesn't require a test, only the police officers trained observations.

So refuse the test, your end result will be a instantly revoked license and a possible impaired conviction, even driving while falling a sleep and get you nailed for this in most states.

I discussed this top for about 2hrs. with a NYS town judge that had a regular business during the day and what I stated above, is what he said happens most of the time a driver refuses a alcohol test.

He said the best outcome from a DWI arrest is that if it results from a simple traffic stop , its best to comply with the police, be professional if you can, try and not incriminate your self and in the end most of the time its plead down to driving while impaired and you keep your license.

Fight it and the DA may hammer you.

Xplicit97

This isn't about getting out of a DUI its about your rights and how many and what ones you're readily willing to give up

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critical

You cannot be forced to submit to a sobriety test- 5th amendment. Refusing the test should not lead to license revocation. Also this is not a traffic stop.

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DEpointfive0

This is a DUI checkpoint, which is a bit shady. So, their workaround is to ask for your license and ASK if you've been drinking. In which you can refuse to answer questions.


Now, in CA, even if you ARE drunk, (and it's your first time being pulled over for it) you can refuse ALLLLLLLLL tests. Blower, blood, everything, and the MOST they can charge you of is SUSPICION of driving under the influence, and your license will NOT be taken away, and the penalty is MUUUUUCH less harsh.

I know this because my gf got a DUI not too long ago...



AGAIN, if they see you as being a prick, and critical was a BIT (but I still love/hate him ) they can take a look over your car and if something is readily wrong, then they can ticket you and now you're their bitch.


Same goes for smog tests (at least in CA, [MIGHT be a city thing too because some of the commie CA cities have their own ordinances],) they call them smog observation stations, if you get on their rolling road you are convicting yourself almost, so yeah, if you want to hire a lawyer, I bet you can get out of it... But if you refuse, they really can't do anything.
And I know in other states they have cameras, like speed cameras, that somehow detect pollution and they send you a ticket (these are usually at freeway entrances)

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DEpointfive0

At the end of the day, this is it.
Exactly

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gsxr750

The problem is that you have your rights that protect you under the constitution, which the poster is correct.

But where it differs is in your rights concerning driving a car or drivers license.

Its already been decided years ago in the high courts, that driving a car is not a right, its actually a PRIVILAGE granted to you by the state where you reside and can be taken away on you at the states discretion, based on their state laws.

So refuse the DUI test, most states have laws that refusing the test will result in your license being revoked for a certain amount of time and you then need to re apply again for a new license. You also have the insurance ramifications to deal with.

DEpointfive0

This is also 100% correct!

The law gets muddy when you are granted the privilege, and you're within the confides of it.
Case in point, OP is granted the privilege to drive a car, OP was asked proof of this, OP provided his license.
Done.

If OP had broken a law while driving, or it was readily apparent that a law was broken (let's say window tint [100% illegal here in CA on your front 3 windows]), THEN the officer now has "probable cause" to give you a ticket, then detain you and THEN is he wants, check your car.
The right to checking your car is lost once you accept a driver's license.
YES, you CAN refuse, in which you'll lose.
YES, you CAN lock your glove box and trunk and refuse to open it (lets say you have some sort of kill switch and you're in a car with a regular trunk,) the officer cannot pry, but while you're sitting on the curb in handcuffs and you have refused to open those, they now have MORE "probable cause" to get a warrant to open your glove box and trunk and check whatever they damn well please

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10MPlayer

Maybe I'm just a fraidy cat but I don't see the point of not rolling down the window. You don't have to answer their questions, no doubt, but not rolling down the window just makes it look like you're trying to hide alcohol on your breath.

The 4th amendment talks about persons being secure against UNREASONABLE searches and seizures. Courts have ruled DUI checkpoints are reasonable. You and I may disagree but we are a nation of laws and the courts have decided. Now, I have no problem at all with not answering questions. If I were questioned by cops about anything these days I'd not say anything but my name until I had a lawyer with me.

andre12031948

They were 2 polite hard working cops doing their job & maybe saving lives.

I would respect you more & call you brave if you tried testing your rights with today's federal government.

Like say you're NOT going to buy Obamacare to the IRS.

Tell them since when do I/you HAVE to buy something? Let's see you do that

critical

They can't search your car if you have tints or are speeding. Also tint can be legal on the front side windows in CA lol

DUI check points do not automatically qualify as a probable cause nor do I think they are reasonable.

The right to travel is enherit in our country's founding.

I rolled the windows up because the cops were coming into the car on both sides without my permission.

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DEpointfive0

I guarantee ANY tint on the front window and the two side windows is illegal
Mayyyyybe visor tint is legal, but that's it

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andre12031948

The last cop determined that you are not worth the time & decided to just let you go so he could get home to his family on time.

Why don't you show us our rights when it comes to the federal government.
Show us something there. We don't even have the right to privacy. Wouldn't surprise me if your phone/computer is monitored

How about not having to buy health care. How about the right to know about Benghazi or the gun running story.

I'd like you to walk into a government building that needs to see a photo I.D & you tell them you don't have one but just like voting you know your rights and you have the right to walk into that govt. building cause it's really the people's house.

Try something really brave & important instead of bothering cops who just want to do their job & go home.

How about me/YOU not having so much of our money taken away, the right to keep more from our hard work, not given to others that the govt. feels deserve it. Don't we have that right??? There are more important rights that we need than keeping your window half closed.

critical

Don't make me bust out the code...

V.C 26708

Visor tint and side window tint ^^^
Bothering cops? I'm the one that wants to go about my merry way. I was headed down to get an ice cream cone where I had 4 or 5 cops prodding their way into my car and shining lights on me.

p.s I do the same with border patrol. stop trying to make this political.

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