Is There a DUI Checkpoint Loophole?

Is There a DUI Checkpoint Loophole?

An attorney out of Florida is claiming that there may be a loophole to get out of a DUI checkpoint. He states that when at a checkpoint, you don’t have to say a word to officers, and do not need to show your license. But is this the case in the State of California? KGPE CBS 47 Fresno talks to trusted defense attorney Charles Magill about the issue:

In the State of California, you are required to present your license when asked by an officer. You do not, however, need to submit to a field sobriety test, such as the walking in a straight line test commonly used, and you can refuse to do one. “My advice to clients is: don’t comply with field sobriety tests. You’re not required to. The officer can still arrest you without the field sobriety tests, but, it’s going to very difficult for them to prosecute someone when all they have is the blood alcohol.” Magill advises that while an officer may still arrest you for having a higher blood alcohol level, it is much more difficult for you to be prosecuted on blood alcohol level alone.

What to do if you are pulled over for DUI:

Remain calm. Give the officer your drivers license and registration when requested. Do the breathalyzer test if requested. If asked to perform a field sobriety test, refuse. If your breathalyzer test indicates a high blood alcohol level, you may still be arrested. If you are given a ticket or arrested, continue to be polite to the officer. Arguing with the officer will only make things worse. The proper place to contest your ticket or arrest is in court. The courtesy and respect you show may encourage them to be more lenient.

For more information about DUIs, how breathalyzers can be inaccurate and results contested in court, and your legal rights and defenses when charged with DUI, check out our DUI page.

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