One of the tools that the state of Illinois uses to find and deter those who are driving under the influence of drugs or alcohol is by conducting sobriety checkpoints. The Supreme Court of the United States has held that sobriety checkpoints do not inherently violate any constitutional rights, as long as they are conducted in a legal manner. In Illinois, this means the time, date and location of the sobriety checkpoint should be announced to the public prior to it taking place and signs and/or lights should be used to designate the checkpoints. Being pulled over for DUI can have a significant impact on your life, which is why it is important to understand that you do have rights when you are stopped at a sobriety checkpoint in Illinois.

You Have the Right to Turn Around and Avoid the Checkpoint

The first thing you should understand is that you are not required to go through the sobriety checkpoint. Police officers are required to clearly mark DUI checkpoints and make them visible to drivers. If you see a DUI checkpoint coming up and you do not wish to go through it, you are legally permitted to avoid the checkpoint, as long as you can do so safely without breaking any laws. However, you should be aware that nearby officers may be watching for drivers who avoid the checkpoint and may pull you over for doing so.

You Have the Right to Avoid Answering Questions

One of the first things an officer does after pulling you over is try to gather probable cause for an arrest. Just like any other traffic stop, you have the right to remain silent. The only information and documents you are legally required to furnish when asked is your driver’s license, your vehicle registration and your proof of insurance. Probable cause can also be established by sight or smell, so you can choose to keep your windows rolled up and refuse to speak with the officer, however, you must also understand that if the officer requests that you step out of the vehicle, you must adhere to the order.

Law enforcement commonly employs a “traffic safety” checkpoint strategy in an effort to identify drivers who might be in violation of one or more statutes while operating their motor vehicle. Such checkpoints frequently appear during holidays such as Memorial Day, New Years Eve, and 4th of July to find impaired drivers and issue tickets for other traffic violations.

Know Your Rights

Recent incidents have drawn greater attention to the need for police to obtain warrants in order to get a blood or urine sample from a driver who refuses or is unable to submit to standard breathalyzer testing. The No Refusal Checkpoint is a strategy law enforcement uses to obtain search warrants to test the blood alcohol content of drivers they suspect are impaired. During these events, prosecutors and judges make themselves available to expedite the process.

This Memorial Day weekend will be a triple threat for Illinois residents. There will be more DUI checkpoints and seatbelt checkpoints, which could ultimately result in a sobriety test. It is also distracted driving awareness week, and officers are already cracking down on drivers using their cellphones while behind the wheel. Learn more about how to protect yourself this weekend, and what you can do if you or someone you love falls victim to one of these extra measures.

Play It Extra Safe

Most drivers know their limits. They wait until they can drive safely, or they call a cab or assign a designated driver to avoid driving while intoxicated. Unfortunately, with more DUI checkpoints, drivers may be more likely to receive a sobriety test. News reporters have found this test to be difficult, even for sober people. If you fail, you may be asked to take a breathalyzer. If the machine is improperly calibrated or used incorrectly and you have had just one drink, you could find yourself behind bars for the night.

A criminal defense attorney recently garnered national attention from a viral video of him successfully passing through a DUI checkpoint without saying a word.

Florida lawyer Warren Redlich claims that all any driver is legally required to do at a DUI checkpoint is to show the officer a sign that says, "I remain silent. No searches. I want my lawyer." Drivers are also required to show their driver’s license and insurance information. This may all be done from the driver’s side of a rolled up car window.

What Works In Florida May Not In Illinois