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