Does the Fair DUI Flyer Help Driver’s Skip DUI Checkpoints?

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Dennis F. Dwyer is a seasoned Chicago criminal defense attorney committed to protecting the rights of his clients.  His extensive experience with DUI law allows him to provide his clients with the best DUI representation in Chicago.  

A popular YouTube video shows Attorney Warren Redlich driving through two DUI checkpoints in Florida using what has been coined the “Fair DUI” flyer. This new flyer has been advocated as the new legal loophole through which driver’s can skip any DUI checkpoints.

What is the Fair DUI Flyer?

Rather than opening the window to speak to officers at a DUI checkpoint, Illinois drivers can put a flyer outside their window in a plastic bag that tells the officers:

  • I will remain silent
  • No searches
  • I want my lawyer
  • Please put any tickets under the windshield wiper.
  • I have to display my papers, not hand them to you: 625 ILCS 5/3-411, 5/6-112, 5/7-602
  • I am not required to sign: 725 ILCS 5/107-11, 12
  • Thus I am not opening my window.
  • I will comply with clearly stated lawful orders.

Included with this flyer is the driver’s:

  • driver’s license
  • registration
  • proof of insurance

What happens when the Fair DUI Flyer is used?

The YouTube video shows Redlich being waved right through the checkpoint at two different locations, with the flyer in a plastic bag, hanging out the window by a string. In theory, when pulling up to the checkpoint, drivers would put out the flyer with their driver’s license, registration and proof of insurance, and then like Redlich, they would be waved through the checkpoint.

Is the Fair DUI Flyer a real legal loophole?

Though DUI checkpoints have been ruled legal, no rules have been created that specify the driver’s required conduct. At this point, there is no requirement that drivers lower their windows or answer questions. Drivers always have the right to remain silent and the right to contact their attorney.

Why wouldn’t I want to roll down my window?

Many drivers worry that rolling down the window will allow officers to collect evidence against them, and the opportunity to say they smell alcohol. By using the flyer, the drivers never have to even roll down the window or offer any opportunity for evidence to be collected and used against them.

What if the police officer asks me to roll down my window anyway?

One concern expressed about this method is the possibility that officers may break the window and try to pull the driver out of the car. Some attorneys feel that this is a possibility. While the Fair DUI flyer is a great idea in theory, in practice there may be some practical obstacles. The reaction of officers to the sign may differ. In one case, a driver refused to open the window, and an officer did say he would break the window down if it was not opened. When the driver refused to comply, the window was subsequently broken, and the driver charged with resisting arrest, in addition to the DUI. If the officer says the window will be broken if not lowered, it would be better to ask the officer if you are under arrest and if the answer is yes, comply with the request to lower your window. At that point it is best to ask to speak with your attorney, exercise your right to remain silent and fight any charges in court.

What do I do if I am charged with a DUI?

Contact a DUI defense attorney immediately if you are arrested for DUI. Exercise your right to remain silent and ask to speak with your attorney. The officers will attempt to gather evidence to support their arrest. No matter the situation, a Chicago DUI attorney can give you advice on how to fight your charges. Chicago DUI attorney Dennis F. Dwyer is an experienced DUI defense attorney that has handled numerous DUI cases. Contact him today so that he can review your case.

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