What Are My Rights If Stopped At A Sobriety Checkpoint? -

Written by Jason Ott on June 21, 2011 in Sobriety Checkpoints

Just like any routine stop you are required to provide information identifying your name, address, driver’s license, and registration. However, you do have the right to remain silent. Don’t admit to drinking or consuming drugs. Even if you have had “a drink or two”….just remain silent!

If you are suspected of driving under the influence you may be asked to exit your vehicle and perform Field Sobriety Tests (walk a line, touch your nose, one leg stand, etc). These tests are generally designed for failure. If you feel you cannot perform these tests they cannot force you to do so if you refuse.

You may also be asked to take a Portable Breath Test in the field. You can refuse to take this test without any effect on your driving privileges. However, if you are arrested and  taken to the police station, they will ask you to take another breathalyzer test. Again, you can refuse this test…but your license will be suspended for a minimum of 12 months. If you choose to provide a breath sample at the station, a result over .08  can be used against you and result in a 6 month license suspension.

No matter what, the best thing to do in any encounter with the police is to remain quiet and cooperative, and dont make any sudden movements that could be mistaken for a threat.

If you have questions concerning Sobriety Checkpoints in Chicago, call Suhre & Associates any time at  (312) 906-7799 to speak with an attorney and find out what can be done in your particular situation.

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