What to Do at a Roadblock and Your Rights

Encountering A Roadblock
(What to expect and how to handle the situation)


…you should not allow any penetration of your vehicle’s interior space, that includes sticking a flashlight (often contains an alcohol sensor) through your window. You can be required to show the usual documentation, such as your driver’s license, but you do not have to open your window any further than the space to hand it out. You do not have to answer questions about where you have been or where you are going, whether or not you have been drinking or what items are contained in your car.

If you are ordered out of your car, lock the door behind you. You do not have to perform any feats of balance, answer quiz questions, or recite the alphabet. In fact we recommend that you respectfully decline to do any of these things. A so-called field sobriety test is conducted for one reason only—to develop probable cause to arrest you for drunk driving. You can not pass a field sobriety test, no matter how sober or gifted you are. If the police believe they have probable cause to charge you with drunk driving, they can coerce you to take some form of breath or chemical test to determine your blood alcohol content. You can refuse, but the penalties for refusal are often as severe as a DWI conviction…

…When you are first approached at a DWI roadblock, open your window slightly and wait for the officer to make his statement or ask his questions. If he simply offers the canned explanation for the stop and asks to see your license, have it ready to hand to him. If he asks any further questions, you should politely decline to enter into a discussion. Something like; “officer, I really don’t approve of roadblocks and I don’t care to discuss my affairs” should suffice. If the officer persists, ask for the return of your license and ask if you may leave…

Continue Reading: Road Block Registry: Your Rights and What to Do at a Roadblock.