Holiday Drinking and Driving

Drinking and Driving is dumb especially during holidays

It seems as if the top 5 DUI / Sobriety Check Point drinking and driving “holidays” are based on days that are known to involve alcohol-infused parties. New Year’s Eve, Super Bowl, Memorial Day, July 4th and Labor Day weekend. You rarely see widespread “enforcement” on holidays like President’s Day, Halloween, Thanksgiving or Christmas, that’s for sure. We’ll see how long that lasts.

Sobriety Checkpoints New Jersey - Holiday Drinking and Driving

How would you handle a sobriety check point?

But the whole DUI / Sobriety Check Point situation in America draws much debate across the board.

There are those that actually enjoy the “police state” and can think of no other way to “be safe” without said instruments of control. Then there are others, who feel the road we’re traveling on is moving further and further away from what used to be a “free republic.”

That said – what do you do if you encounter a Sobriety Check Point in your vehicle?

While not smart – you can technically drive after having a drink or two (depending on how strong), as long as your blood alcohol content (“BAC”) percentage is below the level decreed by suit-wearing politicians (who often violate these laws themselves without getting punished).

But apparently, even if the “odor” of alcohol is present, the officer can order you to perform certain “field sobriety checks” to determine whether you’re driving (illegally) under the influence.

However, there is an interesting alternative how to handle such situations, in attempt to retain the “rights” that you have.

Fair DUI Flyer NJ front - Holiday Drinking and Driving

Fair DUI Flyer NJ back - Holiday Drinking and Driving

Fair DUI – remain silent, keep windows shut?

There’s a website out there called FAIR DUI ( According to the 5th amendment, you have the right not to incriminate yourself, which includes speaking to an officer, rolling your window down, etc. (provided you have not demonstrated clear evidence that would lead to reasonable suspicion you’ve committed a crime or acted unlawfully).

The site’s author strongly recommends that you NEVER speak to an officer under any circumstances (and that you should always record said interactions). They recommend you print a sign (like above) and show it through the window to the officer(s).

“I remain silent. No searches. I want my lawyer.”

Apparently in New Jersey – you don’t have to physically hand over your “papers” either. Just show them through the window.

Because from what we’ve read – many people have been unlawfully “processed” when they didn’t commit any offenses.

But as the website author warns – it’s a tricky situation, not to be used for all stops, and ought to be followed exactly. Most folks are coerced to speak – even though they have no legal obligation to do so. That said, a majority of the people would fail trying to retain their rights.

Below is a video of what a stop using this technique involves. Could you manage pulling that off?

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Thursday, July 3, 2014 1:16 pm
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