"Fair DUI" Gives Checkpoints a Very Cold Shoulder
A new method for dealing with Police at a DUI checkpoint is gaining traction around the nation. Its founder, Florida attorney Warren Redlich, labels it the “Fair DUI” and it presents an interesting approach to handling law enforcement. While this method may seem like an easy way out of a DUI, however, that is not the case. Be Warned: this method is not for everyone and its improper use could easily get you in more trouble than you started.
After years of representing clients who were harassed at DUI checkpoints, Redlich began looking for ways to protect drivers from the Police. What he came up with is the Fair DUI Flyer and the practice of drivers only consenting to do what is legally required of them to do. Redlich emphasizes that this method is not to be used by those who are drunk. It requires properly following instructions, patience, calmness in the face of adversity and intelligently asserting your Constitutional rights. All of these things are nearly impossible for a drunk person and their attempt of the Fair DUI method will likely result in much greater trouble.
The method is very simple on its face yet very difficult to correctly execute. Drivers are instructed to leave all their windows closed and to communicate with officers only through the Fair DUI Flyer. The reasoning behind this is that verbal communication allows officers to claim they smell alcohol on a driver’s breath, a claim that is nearly impossible to challenge in court.
The Fair DUI Flyer allows driver’s to communicate without ever saying a word. When approached by an officer at a checkpoint, the driver holds a copy of the Fair DUI Flyer up to the window as well as their driver’s license and registration. This action satisfies what is required of drivers in a checkpoint without giving the police any unnecessary evidence. While the Fair DUI method can be very effective, it is still likely to upset officers who are not accustomed to having their requests denied.
The basis for the approach in the Fair DUI is two-fold. First, the 5th Amendment guarantee against self-incrimination is extended to incrimination by the driver’s breath. Secondly, the Fair DUI finds its basis in a host of state laws regarding what is required of drivers in an investigative stop. California for instance DOES require that you roll down your window if issued a citation, for the purpose of a signature. Florida, on the other hand, DOES NOT require that you roll down your window at all; their Fair DUI Flyer actually states “Please put any tickets under windshield wiper.”
This method should not be attempted by anyone who is not an expert regarding their civil rights and what can be legally be required of them. For most people, it is much better to not try this method but to instead educate yourself regarding your rights as a driver. Do not ever consent to a search, when in doubt SHUT UP and remember, Uber is so way cheaper than a DUI!
The best thing to say to a police officer is easy, “My Lawyer is Patrick Fortune and I am not saying anything until I talk to him!!!”