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How should one behave at a DUI checkpoint?

Many drivers do not realize DUI checkpoints are absolutely legal in the state of Indiana. They are necessary to preserve public safety, and they typically result in many arrests when they go up. One recent effort in Indiana resulted in the police arresting six drivers. 

The best way to avoid arrest at a DUI checkpoint is to avoid driving while intoxicated. However, as you approach a checkpoint, there are certain actions you want to avoid even if you have had nothing to drink. 

Do not turn around

Even drivers who have had nothing to drink that evening may see the checkpoint and attempt an illegal U-turn to avoid it. Police keep an eye out for these kinds of drivers. Even if you are in a hurry, the best thing to do is to simply go through the checkpoint. Even if you did not drink any alcohol, the cops will probably issue a ticket for an illegal U-turn. 

Remember your constitutional rights

If the cops ask to search your vehicle, then you are within your rights to decline. Additionally, you do not have to answer any self-incriminating questions. For example, it is quite common for cops at a checkpoint to ask, "Did you have anything to drink this evening?" Some people think it is wise to say, "I had a beer for dinner" or something similar along those lines. You do not want to say you drank anything. You can answer truthfully if you genuinely had nothing to drink. Otherwise, you can simply decline to answer. 

Act calmly

The police have a lot of cars to go through, so the best thing to do is to cooperate and make their jobs easier. Before you get up to the officer, you should have your license and registration ready to present. You need to roll the window down completely and answer all questions politely. 

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Todd L. Sallee, Attorney at Law

155 East Market Street, Suite 575
Indianapolis, IN 46204

Phone: 317-643-5507
Fax: 317-630-4824
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