It has never been said that it is fun to go through a DUI checkpoint, at the very least because they slow people from getting to their destination. However, it is generally understood that while not very fun, the checkpoints help to keep drunk or impaired drivers off the road. A Florida defense attorney is challenging that status quo by refusing to roll down his window or talk to police, and he’s advising other motorists to do the same.
Lawyer Warren Redlich created a slip of paper that says in bold letters, “I remain silent. No searches. I want my lawyer.” In a video, he shows how to get through a sobriety checkpoint without speaking to police or lowering the window. The driver simply displays the document along with his license, insurance and registration, and the cops wave him on.
Redlich claims that this contentious tactic is not helping intoxicated drivers. Instead, he believes that innocent motorists are sometimes arrested at these checkpoints, and this is a way to protect them, according to The Washington Post. He also urges drivers to record their encounters with the cops.
Unsurprisingly, his video has stirred controversy. Florida sheriffs say that Redlich’s tactic would only raise more interest from them in the driver. Also, according to The Washington Post, some lawyers in the state believe the strategy is based on an outdated version of the law. Where the statute previously required drivers to “display” ID for police, it has been reworded now to say they must “submit” identification.
Redlich maintains that DUI checkpoints violate the Constitution, though the Supreme Court disagrees, which raises another potentially major problem with this tactic, as well: While the Florida attorney believes his method adheres to the law, that isn’t proven with a court decision yet.