›››The following content is an excerpt from a live interview with Richard Jacobs founder of my DUI Attorney dot org. The interview has been transcribed and contains information for educational purposes only. Please call Michael Munoz to get legal advice for your particular situation
Munoz: I don’t know exact statistics, but most DUIs happen on major streets, and it is very common that officers will sit outside areas that are known to have drinking alcohol, bars, nightclubs. What a person must know is the officer is not supposed to make a traffic stop unless they have reasonable suspicion that you’ve either committed a crime or committed a civil traffic violation. People should not be drinking and driving, but if they do get behind the wheel, they need to make sure that they obey all traffic laws.
Interviewer: What do you do if you’re approaching a checkpoint, and what do you not want to do when you’re approaching a checkpoint?
Munoz: Well first, if you’ve been drinking, you should not get behind the wheel. If you have had a drink and you’re in the car and you come upon a checkpoint, an officer is just going to look at your eyes to see if they’re bloodshot and watery, he’s going to look to see if you smell. They’re going to want to know whether or not you’ve been drinking. If you tell them you’ve been drinking, they will pull you to the side of the road, and they will conduct a DUI investigation.
Interviewer: What happens when you are approaching a checkpoint and you decide to turn around to avoid it?
Munoz: It’s very possible that an officer may suspect that you’re trying to avoid the checkpoint and follow you to make a DUI stop.