November 1, 2006

It’s checkpoint season in Kansas City.  The holidays are quickly approaching and as they do police officers are preparing DUI DWI checkpoints all over the Kansas City Metropolitan area.  While studies show that DUI checkpoints are not particularly efficient at reducing drunk driving or intercepting drunk drivers, city officials and law enforcement administrators believe they may have a deterrent effect.  So, regardless of the ineffectiveness of DUI checkpoints and regardless of the inconvenience they present to the ordinary citizen going about his business, you can expect DUI DWI checkpoints to continue in the near future.

That begs the question:  How do I avoid arrest at a DUI checkpoint?  Well, there are several answers to this question.  The first one is fairly obvious.  If you’ve been drinking, don’t drive.  Even if you’ve been careful and you’re below the legal limit, if you smell like alcohol at a checkpoint you will likely be detained for some period of time.  You may even be tested on a breath test machine and you may nonetheless be charged with a DUI.

If you do elect to drive and you get stopped at a checkpoint, there are some rules to remember.  First, you should always assert your right to an attorney.  In Kansas, you don’t have the right to ask for a drunk driving attorney when you’ve been pulled over.  You can ask, but it won’t give you any additional rights.  In Missouri, if you assert your right to a drunk driving attorney the police must give you twenty minutes to contact someone by telephone.  We would encourage you to call the Overland Park law firm of Paul W. Burmaster.  I have years of experience representing people in city and state courts.  I have represented people from all walks of life in cities all over the metropolitan area.  I would be happy to talk to you about your case and to give you some free information.

If you can’t reach an attorney in the twenty minutes, then you will need to make some decisions in terms of what’s in your best interest.  Police almost always give field sobriety tests at DUI checkpoints.  These tests include the horizontal gaze nystagmus or HGN test, the walk and turn test, the one leg stand test, and some sort of breath test.  In most states, and this is true in Kansas and Missouri, there’s no penalty for refusing to do the field sobriety tests.  Most police officers will tell you that if you refuse to do the field test that they are going to arrest you.  Please keep in mind that they will probably arrest you anyway if you smell like alcohol.  Therefore, I don’t recommend that you do the field sobriety tests as they are inherently unfair and prone to error.

You next need to make a decision regarding the breath test.  This is a difficult decision.  Some lawyers advise their clients that they should never blow into a breath test machine.  Others advise that drivers should always blow into the breath test machine because failure to do so may result in a longer suspension.  I’m afraid I can’t give a hard and fast rule in regards to the breath test machine because there are a number of different factors.  However, as of today’s date, in Jackson and Clay County Missouri, there are some very specific rules.  If this is a first offense for you, and you are over the age of twenty-one and you refuse to blow into the machine in Jackson County or Clay County, then the state may consider dismissing your driver’s license suspension.  They have a diversion program for driver’s license hearings if the driver will consider resolving the DUI in a particular fashion.  If the driver will take an SIS, which is not a traditional conviction, then the state will consider dismissing the driver’s license matter.  Otherwise, I would recommend that you consider carefully whether this is potentially a first, second or third offense and then make your decision based upon that.

Finally, it’s important to know that checkpoints are usually held in the same places.  Checkpoints usually involve dozens or even on occasion hundreds of cars being stopped.   Therefore, checkpoints are usually going to be on a major road and in some blind spot that is not seen from a long distance away.  The checkpoints are usually announced well in advance and you may wish to review the newspaper for listings for announcements of upcoming checkpoints.

If you’ve been stopped at a DUI DWI checkpoint, and you need a good drunk driving attorney, then call us.  Call the Overland Park law firm of Paul W. Burmaster.  I represent clients all over the Kansas City metropolitan area in every city and state court.  Please call me for a free initial consultation.

Happy holidays and safe driving,