You’re cruising home when you see flashing lights and a checkpoint ahead. You’re sober, your car’s in order—no problem, right? Think again. Many states outlaw DUI checkpoints, but cops use a sneaky loophole: license checks. They stop you, ask a few questions, and hope you say something incriminating so they can detain you. Want to beat this trick? Let’s break it down.

How DUI Checkpoints Exploit a Legal Loophole

In many states, police can’t randomly stop cars to look for drunk drivers. The Fourth Amendment protects citizens from unreasonable searches, which includes being pulled over without evidence of a crime. But officers have found a workaround: “license and registration checks.”

At these stops, police ask for your ID and registration, which is allowed by law. But the real intent isn’t paperwork—it’s conversation. Simple questions like, “Where are you headed?” or “Had anything to drink?” are designed to uncover signs of impairment, slurred speech, or anxiety.

The ACLU advises drivers to know their rights. “You do not have to answer any questions about where you are going or what you are doing,” they explain. While chatting might feel harmless, any slip-up could give officers a reason to investigate further.

How to Protect Yourself

Attorney Andrew Flusche recommends keeping your responses simple and complying with only the legal requirements. “The best way to protect yourself is to stay silent beyond what’s required,” he explains. This means handing over your ID and registration but declining to answer other questions.

If police ask further questions, calmly state, “I choose to remain silent.” Avoid roadside tests unless legally mandated in your state. According to Flusche, these tests are tricky by design. “You’re likely to make mistakes, even if you’ve done nothing wrong,” he warns.

Knowing your rights is the key to navigating these stops. Provide the required documents, say as little as possible, and avoid actions that could escalate the situation. Silence can be your strongest defense.