Drunk driving checkpoint

amboy49 · Aug 29, 2022

I just was made aware that law enforcement in Boone County are planning a DUI checkpoint event in the next few days. The article stated that, based on a decision by the Indiana Supreme Court, when stopped a driver is REQUIRED to provide name, address, and DOB or provide their drivers license. (State vs Gerschoffer) A comment regarding the event stated that drivers are not required to answer any questions nor submit to a field sobriety test. It was also stated the stop does not constitute and illegal search and seizure. And lastly, a driver is not required to go through the checkpoint and may take an alternate route to knowingly avoid it.

First, I don’t understand the purpose of the requirement to identify or provide a DL. Secondly, just speculating, I’m wondering how the conversation will go after the initial “Have you been drinking “ question has been asked and the driver refuses to respond or answer the question ?

I’ll admit I’ve watched my fair share of YouTube videos with police stops of this type. Generally the driver refuses to identify, the police get pushy, and there’s enough drama to make the episode entertaining in a sick voyeur sort of way. Eventually, with the driver remaining silent and “exercising their Fifth Amendment rights, the police allow the driver to be on their way while the driver proclaims his victory ”over the man.”

Why the requirement to identify ? Seems like a fishing expedition to me for more than impaired driving.

Born2vette · Aug 29, 2022

From what I understand (not a LEO or lawyer) If you are operating a motor vehicle and drive to a checkpoint they can require proof of a valid license. You have the right to stay silent and refuse a field sobriety check and a breathalizer but in Indiana having a drivers license you have consented to a chemical sobriety test. They can remove you and take you to a hospital for blood collection.

Rookie · Aug 29, 2022

The easiest solution is to avoid checkpoints. It seems to work for me.

Destro · Aug 29, 2022

amboy49 said:
First, I don’t understand the purpose of the requirement to identify or provide a DL. Secondly, just speculating, I’m wondering how the conversation will go after the initial “Have you been drinking “ question has been asked and the driver refuses to respond or answer the question ?

Impaired drivers sometimes have a hard time with tasks that divide attention.

Impaired drivers have impaired judgment. Maybe they hand you a debit card or a CVS receipt instead of the requested documents. Maybe they have glossy eyes and seem to be moving slower than the past few drivers. Taking it all together, might be worth further investigation. You know many "silent" intoxicated persons? They are going to answer questions because not answering will, in their mind, look suspicious.

If the driver provides the required information, and there aren't any other signs of impairment or criminal activity there isn't much they can do at a checkpoint.

Sent from my SM-A536U1 using Tapatalk

JTClark · Aug 29, 2022

Just don't drink and drive.

BehindBlueI's · Aug 29, 2022

amboy49 said:
Why the requirement to identify ? Seems like a fishing expedition to me for more than impaired driving.

To check for impairment. As mentioned, people sometimes hand over a credit card, etc. but you get to see their eyes, hear their speech, notice reaction times, etc.

Fun fact: Going through a legal checkpoint in Indiana is voluntary if you are paying a small bit of attention to the road and signage. There must be a sign indicating the presence of the checkpoint that allows an opportunity for a legal turn off and bypass for the checkpoint to pass standards set in case law.

I'm not a fan of checkpoints, personally. You get more drunks off the road just running traffic enforcement. The rationale has been described to me as an educational/flag flying sort of thing to remind people enforcement is occurring.

TheGrumpyGuy · Aug 29, 2022

JTClark said:
Just don't drink and drive.

I don't, I pull over and take a sip

Usmccookie · Aug 30, 2022

Idk bout here, but these were feared between Jacksonville and Wilmington NC

fullmetaljesus · Aug 30, 2022

Unconstitutional, you can't change my mind. **** everyone who supports them.

thompal · Aug 30, 2022

BehindBlueI's said:
I'm not a fan of checkpoints, personally. You get more drunks off the road just running traffic enforcement. The rationale has been described to me as an educational/flag flying sort of thing to remind people enforcement is occurring.

Do the agencies get federal dollars for running checkpoints?

BehindBlueI's · Aug 30, 2022

thompal said:
Do the agencies get federal dollars for running checkpoints?

It's possible for the local department to get reimbursed for the overtime for the officers working it if it's through a NHTSA grant. Note that's possible for some amount of DUI enforcement overtime per year regardless and not unique to checkpoints. Basically the feds will fund a certain dollar amount of overtime for a grant receiving department for the year on a 'use or lose' basis, meaning you only get the funds after the hours are worked and accounted for. I don't know if you have to run checkpoints to participate in the grant or not, though.

There used to be a few other programs that did similar things to fund officer overtime in construction zones and certain high fatality roads/intersections, but I don't know if they still exist as I've not done any sort of traffic enforcement for quite awhile at this point.

Timjoebillybob · Aug 30, 2022

Born2vette said:
From what I understand (not a LEO or lawyer) If you are operating a motor vehicle and drive to a checkpoint they can require proof of a valid license. You have the right to stay silent and refuse a field sobriety check and a breathalizer but in Indiana having a drivers license you have consented to a chemical sobriety test. They can remove you and take you to a hospital for blood collection.

They need a warrant for a forced blood draw, or other forced test. You can revoke your consent, but they can/will suspend your license if you do.

hoosierdoc · Aug 30, 2022

Timjoebillybob said:
They need a warrant for a forced blood draw, or other forced test. You can revoke your consent, but they can/will suspend your license if you do.

Yep, and then i get to waste my time seeing you since you're in an ER and federal law says i have to screen everyone who shows up.

Timjoebillybob · Aug 30, 2022

hoosierdoc said:
Yep, and then i get to waste my time seeing you since you're in an ER and federal law says i have to screen everyone who shows up.

How often does that happen around you?

actaeon277 · Aug 30, 2022

Start requiring these checkpoints to affect the judges who ruled this "constitutional".

HoughMade · Aug 30, 2022

amboy49 said:
(State vs Gerschoffer)

In that case, the Indiana Supreme Court found that the roadblock at issue was not constitutional.

BehindBlueI's · Aug 30, 2022

actaeon277 said:
Start requiring these checkpoints to affect the judges who ruled this "constitutional".

How do they not, other than judges probably know to turn off once they see the sign if they don't want to go through? Even emergency vehicles have to stop unless on an active lights/sirens run. And yes, I've went through one on-duty and in a marked police car because I didn't know any quicker way to get where I was going. They did make me stop and I did show my license and then I went on my way.

snapping turtle · Aug 30, 2022

Federal grants pay overtime and shift extras to pull these off during holidays. They increase enforcement check point or not. Also speeding and tailgate/seatbelt.

Memorial Day, (Indy 500) July 4 (often on the lake nowadays) Labor Day (big one for normal check points)

Add in greatful dead shows ect. Where the local agency might think money or vehicle seizures are a possibility..

I guess it is like having extra wait staff at a restaurant during the holiday weekends.

Haven · Aug 30, 2022

Rookie said:
The easiest solution is to avoid checkpoints. It seems to work for me.

Easiest to me would be just stay home. No one stops me on my couch to check ID, or if I am sober or not.

BugI02 · Aug 30, 2022

actaeon277 said:
Start requiring these checkpoints to affect the judges who ruled this "constitutional".

It would only affect their limo driver

Drunk driving checkpoint

The #1 community for Gun Owners in Indiana

Member Benefits:

Master

Norm, Team woodworker

Grandmaster

Master

Plinker

Grandmaster

Get off my lawn!

Grandmaster

Probably smoking a cigar.

Master

Grandmaster

Grandmaster

Freed prisoner

Grandmaster

Grandmaster

Grandmaster

Grandmaster

Grandmaster

Network Warlord

Grandmaster

Log in

Site Supporter

Forum statistics