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Drivers Should Expect More DUI Checkpoints This Holiday Season

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It happens almost every year – the influx of DUI checkpoints throughout the holiday season. Yet many Americans still find themselves on the poor end of the sobriety enforcement. In fact, statistics suggest that DUI arrests jump by about 33 percent between Thanksgiving and New Year's when compared to the rest of the year. Be prepared this holiday season. Know how to avoid a DUI arrest, and how to best protect your rights at a DUI checkpoint, and in the event of an arrest.

Try and Plan Ahead

The best way to avoid getting nailed at a DUI checkpoint this holiday season is to ensure that you are not driving while intoxicated, and the most reasonable way to avoid driving intoxicated is to plan ahead. If you know that you will be going to a get-together where there will be alcohol, and you plan on drinking, consider taking a cab or rideshare to the location. This will almost completely ensure you will not be driving once you have started drinking. Of course, if ridesharing or cabs are not an option, or if you find yourself in a situation that you did not plan for, the best course of action is to wait it out and sober up.

Being Wrongfully Targeted

Even if you remain sober, you may still become the victim of a DUI checkpoint. This is especially true for Black Americans, who tend to have a higher rate of police violence and may be less likely to stand up for their rights, including their Fourth Amendment right that protects them from unwarranted search and seizure. However, it is important to keep in mind that, even if you are stopped at a checkpoint, officers do not have the right to search your car or your person without probable cause or permission.

What constitutes probable cause? Spotting an open container, allegedly smelling alcohol or drugs, or the visible presence of a weapon all classify. At least one of these – allegedly catching the scent of drugs or alcohol – can easily be abused and may lead to an unlawful search. In these situations, it is important to remain calm, not resist, and remain silent but respectful. Also, if you are arrested, immediately request an attorney once you have been read your rights. Again, remain silent until they arrive.

Contact Our Illinois DUI Defense Lawyers

If you or someone you love is arrested for a DUI this holiday season, fight back and protect your rights. Contact the Law Offices of Tedone and Morton, P.C. for assistance. Our Joliet DUI defense lawyers will aggressively pursue the most favorable outcome possible for your situation. We offer consultations to clients throughout Will County. Call 815-666-1285 to schedule yours today.

Sources:

http://fox4kc.com/2016/11/18/with-holidays-approaching-officers-put-breathalyzers-into-overdrive-at-dui-checkpoints/

http://chicagocrusader.com/know-rights-dui-checkpoints-weekend/

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