Loophole helping drivers skip DUI checkpoints

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ST. LOUIS -- Attorneys are saying there may be a legal loophole drivers can use to get through DUI checkpoints and not speak to police.

According to KTVI in St. Louis, the loophole is called the Fair DUI Flyer, which has since gone viral on social media.

The flyer is something drivers can show to police during checkpoints. It reads something like, "I remain silent; no searches; I want my lawyer." Drivers may tape that flyer to their window, and with it their licenses and other papers.

"When you roll into a DUI checkpoint you do not have to roll down your window, you do not have to speak, you do not have to get out,” attorney Matt Fry told KTVI.

Why wouldn't drivers want to roll down their windows? “Because the second you open your window they can say they smell alcohol,” said Warren Redlich, a Florida attorney, according to KTVI.

Redlich posted video on YouTube of him testing his self-created flyer.

At two Florida checkpoints, he was waived through without speaking a word to officers, according to KTVI.

KTVI notes that a 1990 Supreme Court ruling made DUI checkpoints legal. But some lawyers say the  court never specified a driver’s actions once in that checkpoint.

Though the flyer is legal, Fry said, "Is there a chance an officer is going to break your window out and pull you out of your car? It could happen."

KTVI reports Mothers Against Drunk Driving has opposed the flyer, saying it’s encouraging drunk drivers to endanger others with no penalties.

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12 comments

    • S Host

      They have DUI check points JOHN BECKER for idiots like you who drive drunk and kill innocent people, Your the main reason why they should have check points!!!

      • T HOST

        And YOU are the reason they teach proper grammar in school. YOU (apostrophe) RE !!!

        Pretty sure the guy was just making a joke, harda$$

      • John Becker

        I still don’t see a problem with driving while intoxicated. Everyone does it. Don’t get pissed at me because you don’t know how to have a good time.

  • Ron S

    Checkpoints are not a bad thing..no some of the other policies now in place from MADD and other advocacy groups’ influence. BUT, what is wrong, is their encouraging the elimination of States to set their own laws, including drinking ages, legal intoxication definitions and open container laws. They strongarm Congress into blackmailing states to adopt their beliefs of what local laws should be, with the threat of withholding highway funds. That’s wrong, as is the ridiculously high drinking age of 21 that leads many teenagers into drugs instead. Given all of that, surprising that they ignore the drug issue, especially in places like Colorado and Washington where cannabis is somehow legal and driving under the influence clearly an epidemic.

    • Smokey

      Lol. You sound like kids getting into drinking instead of smoking is so much better for them. Alcohol kills way more people every year, from both health problems and drunk driving, and it’s more addictive than marijuana.

  • Mike W

    Firstly, I’m not a drinker — I drink maybe once a year on the new-year but that’s about all. Now, I do like using some beers while cooking but to my knowledge this isn’t “drinking”. With that said, I’m an avid constitutional historian. I think everyone should have this damn card taped to their window to remind our law enforcement that we still have rights they cannot trample.

    Here is a few chilling statistics to have a look at: In my state of North Carolina, DUI check points result in the following citations:

    80% Disrespect to an officer of the law
    12% Possession / paraphernalia / improper transport of alcohol (open and dry containers, to much alcohol stored in trunk — does not include intoxication)
    4% In forward motion without proper use of a safety belt
    3% Expired license plate / registration / safety inspection
    1% DUI

    Counter to what people think, these are not DUI checkpoints — they are blanketed (to what they want it to apply to when you drive through) checkpoints geared specifically to profiting on tax payers.

    With that knowledge, everyone needs one of these cards because people should be cited because of their action — not unwarranted suspicion and conjecture. If our LE are to catch drunk drivers, then they need to patrol roads and watch the driving habits of those leaving bars.

    • Patricia Grabowicz

      Amongst all those constitutional rights, driving is not one of them. Driving is a privilege.

      And, if only 1% of citations written at checkpoints is for DUI, that is fine with me. Yes, 1% is a small number. But, 1% of 1,000 is 10 and 10 drunk drivers can kill a lot of people and cause thousands of dollars in damage. Yes, DUI checkpoints are fine with me.

      Keep in mind, the officers do not have the manpower or the time to search every vehicle. The vast majority of their “checkpointing” is going to be, “hello, how are you tonight?” If they smell alcohol or drugs on you, yes, you’re going to get searched. In the same vein, if the answer they get is, “what business is it of yours”, you bet you’ll get searched. If the driver replies to the officer’s greeting with, “fine, thank you” your chances are very good that you’ll be waved through.

      Personally, I maintain that if you treat the officer with respect, he’ll treat you likewise. Evidence of this is in the 80% of checkpoint citations for “disrespect to an officer of the law.”

      • ZebraStripes

        What you seem to miss is the checkpoint is a waste of time as far as catching drunk drivers. If cops really wanted to catch them, they would hang out around bars at closing time. But most bars are owned by politically connected people, so that will never happen. Cops could hang around liquor stores, too, and watch people as they pull in to park to see if they’re drunk. Again, not going to happen. Liquor stores and bars have more “rights” than innocent people driving cars.

  • John Sanew

    Somewhere along the way, society has been fooled into believing that we must obey police officers. They are not your master, nor are they in charge of what you can do and can not do. It is an absolute constitutional violation – Illegal search and seizure. Our founding fathers knew all too well that when government officials have the ability to search, invade your privacy or detain without probable cause, you are no longer free. Do not be fooled into any sort of rationale that the ends justify the means. They do not. Police officers can do their jobs without violating your civil liberties. Anyone who believes this has anything to do with safety, and not more to do with generating BS revenue for the local ordinance is kidding themselves.