There is an unmistakable feeling of dread when you realize there is a sobriety checkpoint in the distance. You might question your option to turn around before the checkpoint, or start doing the math to see if you could possibly be over the legal blood alcohol content (BAC) limit. You may be running late and not want to stop because of the time factor, or, perhaps you know you shouldn’t be driving. No matter what, you’re suddenly the next car in line and you have a few choices to make, especially if you have been drinking.
Should you refuse the breathalyzer? You can, but, you should go ahead and take a breathalyzer test at a sobriety checkpoint if requested. If you refuse, you will more than likely be arrested for DUI or another drunk driving charge and transported to a police station for your official BAC test.
Should you demand an attorney at the checkpoint? You can, but, you will likely be seen as trying to “wait out” the breathalyzer test until you are at a sober BAC level or as refusing a breath test. Either way, you could be arrested for suspected drunk driving.
Should you question the legality of the checkpoint? No. Sobriety checkpoints only occur where and when legal, and under strict guidelines that vary by state. By questioning the motivation of the officer or the checkpoint itself, you will likely cause yourself more aggravation than if you had just followed the procedure.
The best advice for passing through a sobriety checkpoint is to remain calm, be polite and assist the officer by providing any paperwork and documentation that is required. It goes without saying that you should also be sober when driving, thereby eliminating any chance of a breathalyzer test proving anything except that you are a great example of a safe, cooperative and sober driver.
What Your Michigan Car Breathalyzer Service Provider Wants you to Know