In order to crack down on drunk drivers, sometimes police will institute a DUI roadblock of checkpoint. Here, the motorist will be required to slow down and stop for police and police might ask to search the vehicle. The Supreme Court has ruled that the police can order the passengers out of the vehicle. Still, some people question whether they are even required to speak with police or even roll down their window. A video was recently released by a Florida attorney, advising clients to put ID in a baggie as well as a message that read “I’m remaining quiet and won’t talk without my lawyer.” But is this the best advice? Will this work or will the person driving get in trouble with the police?
People have an incentive to keep their windows rolled up, particularly if they have something to hide. If the window is up, police cannot detect the odor of any illegal substances or smells on the breath. Nor can they tell if the driver has physical characteristics associated with DUI, such as bloodshot eyes or slurred speech.
The thing is, there is no law on point about this issue. So while some police might let you keep the window rolled up, others might detain the driver because the behavior is suspicious. Again, anything suspicious that a police officer observes can give them cause to detain the suspect. Therefore, it might be in the best interest of the individual to simply roll down the window and say as little as possible. As always, in order to avoid getting caught for a DUI, don’t drink and then get behind the wheel of a car.