How To Flex Your Rights at a DUI Checkpoint

If you happen on a DUI checkpoint, there are a few things you should know:

1. According to the Supreme Court (Sitz V. Michigan State Police), police have the right to stop you and ask you questions, but you are under no legal obligation to answer those questions (fifth amendment).

2. If you would like to invoke your right to remain silent, make sure you say that: Respectfully and assertively say, "I have the right to remain silent." In Salinas v. Texas, the Supreme Court ruled that the police can use your silence against you, unless you invoke your right to remain silent.

3. Roll your window down no more than an inch. Remember, you are under investigation, hence the questions,. Why help them investigate you? Although the officer will want you to roll your window down all the way, if it is not state law, and it is certainly not federal law, then you are not required to do so.

4. If you invoke your right to remain silent, officers might detain you, but being detained is better than waiving your rights. If this does happen, ask them to articulate what reasonable suspicion they have to detain you. Merely invoking your right to remain silent isn't reasonable suspicion. Also, many officers will change the subject, but make sure to insist that they articulate what reasonable suspicion they have to detain you. If they can't answer that question, ask to be on your way, or ask to speak to the supervising officer.

Also, check out my previous video

Thank you for watching!