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DUI Checkpoints: What are the laws surrounding them?

Posted on 2/27/23 at 12:06 pm
Posted by 0x15E
Outer Space
Member since Sep 2020
12595 posts
Posted on 2/27/23 at 12:06 pm
Checkpoints seem to be mostly a thing of the past, but every once in a while one gets run across.

What are the laws surrounding these?

Do I have to stop and be “questioned” by the officers conducting?

Will I go to jail if I refuse?

Do I even need to crack my window?

OT Lawyers and cops, feel free to weigh in.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18893 posts
Posted on 2/27/23 at 12:08 pm to
The USSC royally screwed US Citizens at the behest of some Madd Mothers and pissed all over the 4th Amendment in the name of "public safety."
Posted by sta4ever
The Pit
Member since Aug 2014
15068 posts
Posted on 2/27/23 at 12:10 pm to
Don’t drink and drive and you’ll have nothing to worry about
Posted by LSUisKING
Edgard
Member since Dec 2007
2933 posts
Posted on 2/27/23 at 12:10 pm to
If you refuse, you'll certainly raise suspicion and then fall under an entirely different set of protocol... So, just roll down the window...

I get it - police state blah blah blah - but why bring that on yourself? The time to fight it isn't AT the checkpoint.
Posted by WhereIsMyBestLife
Member since Feb 2023
19 posts
Posted on 2/27/23 at 12:11 pm to
Hold license up to window. That's all you're legally required to do.
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 2/27/23 at 12:12 pm to
quote:

Madd Mothers


and I'll bet this widebeast was a major force behind it

LINK /
Posted by Breauxsif
Member since May 2012
22290 posts
Posted on 2/27/23 at 12:15 pm to
They are unconstitutional for starters.
Posted by Big Gorilla
Bossier City
Member since Oct 2020
5451 posts
Posted on 2/27/23 at 12:15 pm to
quote:

Checkpoints seem to be mostly a thing of the past,


No. They are at least done monthly. Our areas is twice a month.

quote:

Do I have to stop and be “questioned” by the officers conducting?


Yes. You have to answer their questions or plead you want an attorney.

quote:

Will I go to jail if I refuse?


100%.

Dont drink and drive and none of this is an issue.
Posted by Packer
IE, California
Member since May 2017
7777 posts
Posted on 2/27/23 at 12:17 pm to
Legal around here and it's a huge waste of resources. They used to post the arrests made and it was always something stupid like, stopped 300 cars and made 5 arrests, one for drunk driving, and 4 for driving without a license. Their time would be much better spend patrolling.
Posted by Hester Carries
Member since Sep 2012
22389 posts
Posted on 2/27/23 at 12:17 pm to
quote:

Don’t drink and drive and you’ll have nothing to worry about


Besides the 4th amendment?
Posted by BeerMoney
Baton Rouge
Member since Jul 2012
8361 posts
Posted on 2/27/23 at 12:18 pm to
quote:

Don’t drink and drive and you’ll have nothing to worry about


There’s no other way to get my car back to the house baw!
Posted by DWaginHTown
Houston, TX
Member since Jan 2006
9856 posts
Posted on 2/27/23 at 12:18 pm to
Turn around, don't drown.
Posted by CincinnatiTiger
Cincinnati, OH
Member since May 2010
904 posts
Posted on 2/27/23 at 12:18 pm to
I think it’s technically voluntary? You can remain silent or ask why detained and eventually you’ll be let go…probably harassed somewhat prior. Record it and they get scared.


Or…


Don’t answer a single question and provide a valid ID and insurance and you’ll also be on your way.
Posted by LSUisKING
Edgard
Member since Dec 2007
2933 posts
Posted on 2/27/23 at 12:19 pm to
quote:

Besides the 4th amendment?


Agree..

BUT...

At these checkpoints, you're dealing with people - many who barely got out of high school and/or have small feet - that are doing as they're told. They probably don't have any idea what the 4th even says!
Posted by Big Gorilla
Bossier City
Member since Oct 2020
5451 posts
Posted on 2/27/23 at 12:19 pm to
quote:

Besides the 4th amendment?


Don't think this applies for DUIs. You could kill someone. I think the law needs to be tweaked as cops have WAY overstepped their authority but does the 4th apply in these cases?
Posted by WhereIsMyBestLife
Member since Feb 2023
19 posts
Posted on 2/27/23 at 12:24 pm to
quote:

You have to answer their questions


There is literally never a case where this is true outside of court.
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 2/27/23 at 12:26 pm to
quote:

There is literally never a case where this is true outside of court.



but you will usually wind up in court before this is pointed out
Posted by Mo Jeaux
Member since Aug 2008
58542 posts
Posted on 2/27/23 at 12:26 pm to
quote:

Big Gorilla


Bro, just stop.
Posted by grizzlylongcut
Member since Sep 2021
9328 posts
Posted on 2/27/23 at 12:27 pm to
quote:

The time to fight it isn't AT the checkpoint.


The checkpoint shouldn’t be there.
Posted by Shut Up Mulllet
Member since Apr 2021
781 posts
Posted on 2/27/23 at 12:29 pm to
I know I have said it on here before. It’s a total money grab. You will NEVER see a checkpoint set up in the getto. Always nicer areas where they know people will pay instead of sitting in jail. You could set up in North Baton Rouge at 9:00 am and bust people all day.
You can’t even go to the river anymore without getting harassed.
The assholes giving out DWI’s for people who drank 3-4 beers on fricking party barge . Ruined the river scene.
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