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How to Get Through a DUI Checkpoint

How to Get Through a DUI Checkpoint
Pat Dickson - Thu Jul 25, 2013 @ 04:42PM
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There is only one sure way to get through a DUI checkpoint:

Don't even have a drop of alcohol in your system whenever you get behind the wheel of your car.

Don't drink and drive!

Otherwise, the risk of being charged with felony or misdemeanor driving under the influence, when you are stopped and questioned at a checkpoint, is simply too great.

Depending on the seriousness of your charges (usually connected to your blood alcohol level) and the state (jurisdiction) you are in, the negative consequences may be legion:

1. Loss of your license

2. Loss of your job

3. Mandatory jail or prison time

4. Car impounded

5. Heavy fines and penalties

6. Mandatory trial and no plea bargaining

Oddly enough, even being totally sober is no guaranty you will survive being charged with DUI at a checkpoint. In my legal career I have had many totally sober clients come to me after having been cited with driving under the influence.

For one reason or the other, they appeared intoxicated due to illness, being tired, or even due to having taken prescription medication. Sometimes they had to go to trial because the DUI law was written such that entering plea agreements to lesser charges was prohibited.

In short, many jurisdictions allow the police to charge you with DUI only because you appear intoxicated. Hence, this is why I am proposing that drinking no alcohol, whatsoever, before getting behind the wheel of your car is the wisest course for doing your best at a DUI checkpoint. Even the smell of one beer on your breath may be enough to condemn you.

So, to stay out of trouble at a checkpoint, don't drink a drop before driving your car. If you are going to drink you have several options:

1. Sober chauffeurs

2. Public transportation

3. Cabs

4. Walking

Don't even ride a bike if you have been drinking. Yes, you can get a DUI even while on a bicycle. Once again, depending on your jurisdiction, operating a "vehicle" may be all that is required. It does not have to be a "motor vehicle." A bicycle is a vehicle!

Caveat, I have written this article generally, as I understand DUI law and checkpoint consequences to be applied throughout the United States, without any prejudice for any given state. And, I really am just standing on the don't drink and drive soapbox more as just a citizen than anything else. Please don't even take what I say in here as legal advice. If anything, perhaps all I've offered are platitudes.

Also remember that the consequences to you of drunk driving are not the only ones. When you drink and drive you put others at risk. Drunk driving kills nearly 10,000 people per year in the United States.

Nevertheless, if you happen to charged with Driving Under the Influence (DUI) in Tucson, Arizona, I recommend calling Dan Montgomery. He's a great attorney, very personable, and I've personally seen him achieve impressive results for his clients. Dan has many years of legal practice under his belt and can be reached at (520) 792-0580.

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