The 5 Worst Things to Say at a DUI Checkpoint
DUI checkpoints (also called sobriety checkpoints) are roadblocks set up by law enforcement to check drivers for signs of intoxication or impairment. While these checkpoints are legal in most states, many drivers inadvertently incriminate themselves through what they say when stopped. What you say to an officer during these encounters can significantly impact whether you’re detained, arrested, or allowed to continue on your way. These are the 5 worst things to say at a DUI checkpoint.
1. “I’ve Only Had a Couple of Drinks”
Admitting to any alcohol consumption immediately gives the officer probable cause to investigate further. Even saying you’ve had “just one beer” or “a couple of drinks” is an admission that alcohol is in your system. This statement:
- Confirms you’ve been drinking
- Often leads to mandatory field sobriety tests
- May result in a breathalyzer request
- Can be used against you in court later
Instead of volunteering this information, you have the right to politely decline to answer questions about your drinking. A respectful “I’d prefer not to answer any questions without an attorney present” is within your legal rights.
2. “I Know My Rights, You Can’t Search My Car”
While you do have Fourth Amendment protections against unreasonable searches, confrontational statements often escalate the situation unnecessarily. Challenging an officer’s authority or becoming argumentative typically results in:
- Increased suspicion about your sobriety
- A more thorough investigation
- Potential search if the officer develops probable cause
- Possible additional charges for obstruction
If an officer requests to search your vehicle, you can calmly state: “I don’t consent to searches.” This preserves your rights without creating unnecessary confrontation.
3. “I’m Coming From the Bar/Party”
Volunteering information about your evening activities, especially mentioning establishments that serve alcohol, raises immediate red flags for officers. Statements about coming from bars, clubs, or parties:
- Create an assumption that you’ve been drinking
- Give officers reason to investigate further
- Establish a timeline for potential alcohol consumption
- May contradict other statements you make
There’s no obligation to tell officers where you’ve been. A simple “I’m heading home” or “I’m going to a friend’s house” is sufficient information about your travels without detailing where you’ve been.
4. “I Can’t Do These Tests Because I Have a Medical Condition/Injury”
While medical conditions can certainly affect performance on field sobriety tests, claiming a medical condition on the spot often sounds like an excuse. Many people suddenly “remember” injuries or conditions when faced with testing. This can:
- Appear as an attempt to avoid testing
- Seem like a fabricated excuse to officers
- Lead to additional scrutiny
- Not actually prevent you from being tested
If you have legitimate medical conditions that would affect sobriety testing, it’s better to clearly state the specific condition without elaboration: “I have a documented balance disorder that affects my ability to perform these tests.”
5. “I Refuse to Take Any Tests”
While in many states you have the right to refuse preliminary breath tests or field sobriety tests at a checkpoint, making a blanket statement of refusal can trigger serious consequences:
- Most states have “implied consent” laws
- Refusing tests after arrest can result in automatic license suspension
- Refusal can be used as evidence of consciousness of guilt in court
- The officer may still arrest you based on other observations
If you choose to decline testing, do so politely: “I respectfully decline to take any voluntary tests at this time.” Be aware that post-arrest testing refusal carries significant penalties in most states.
What Should You Do Instead?
At DUI checkpoints, your best approach is to:
- Be respectful and calm – Hostility never improves your situation
- Provide basic information – Your license, registration, and insurance when requested
- Keep answers brief – Don’t volunteer additional information
- Know your rights – You can politely decline to answer questions beyond basic identification
- Avoid sudden movements – Keep your hands visible and movements slow
How 1800DUILaws.com Can Protect Your Rights
Have you been stopped at a DUI checkpoint or charged with a DUI offense? You don’t have to navigate the complex legal system alone. At 1800DUILaws.com, we specialize in connecting individuals with experienced DUI defense attorneys who understand the nuances of checkpoint procedures and DUI law in your specific state.
Our nationwide network of qualified attorneys has helped thousands of clients challenge checkpoint arrests, question testing procedures, and fight for the best possible outcome. Our attorneys can:
- Scrutinize checkpoint legality – Not all checkpoints are properly conducted, and procedural errors can lead to case dismissal
- Challenge officer testimony – We’ll examine whether proper protocols were followed during your stop
- Review evidence collection – From field sobriety tests to breathalyzer results, we’ll investigate if your rights were respected
- Negotiate with prosecutors – Our attorneys have extensive experience reducing charges and penalties
- Represent you in court – If your case goes to trial, you’ll have experienced representation fighting for you
Even if you think your case is straightforward, the consequences of a DUI conviction can impact your life for years through license suspension, insurance increases, employment difficulties, and even potential jail time. Don’t risk your future by facing these charges without experienced legal guidance.
Take Action Now: Get Your Free Consultation
The hours immediately following a DUI arrest are critical. Evidence disappears, memories fade, and timelines for administrative hearings approach quickly. That’s why 1800DUILaws.com makes it simple to connect with an attorney right away.
Fill out our free consultation form today or call our 24/7 hotline. Within minutes, you’ll be connected with a DUI defense attorney in your area who can:
- Provide a confidential case evaluation
- Explain your legal options in plain English
- Outline potential defense strategies
- Help you understand what to expect next
There’s absolutely no obligation, and your consultation is completely free. Our attorneys work on flexible payment plans because we believe everyone deserves quality legal representation, regardless of their financial situation.
Don’t let one mistake or misunderstanding affect your driving privileges, career, or freedom. Contact 1800DUILaws.com now and take the first step toward protecting your rights and your future.
