Can You Avoid a Checkpoint?

One attorney in Fresno is informing residents of a way to avoid being wrongly accused in a DUI checkpoint. A flyer has been posted at a local fair inviting residents to test his method. Defense attorney Warren Redlich says drivers who sit in DUI checkpoints, and refuse to roll down their windows are still complying with checkpoint laws, as long as you show officers your license and registration through the window.

Redlich says that when drivers roll down their window they are setting themselves up for trouble, oftentimes saying things that will get them into trouble when they have not done anything wrong. Redlich also says this method will not for drunk drivers as there will likely be probable cause to search their vehicle, and he tells all drivers that you should never drive after drinking, even just one drink.

There is a YouTube video that shows drivers putting his method to the test and successfully being waved through checkpoints. These drivers are showing their license, insurance and registration information through the rolled up windows of their vehicles. One officers have inspected the information they are waved through.

A Fresno Police Sergeant says this might not be your best plan, as the checkpoints do give officers the legal right to inspect your driving documentation, and refusing to roll down your window impedes that process. He went on to say if you refuse to roll down your window officers could have the right to arrest you.

The safest way for you to avoid a DUI is to simply not drive after you have been drinking. If you get caught in a DUI checkpoint comply with all of the laws, if you have not been drinking you will get through the checkpoint without incident.