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Drivers find loophole to skip DUI checkpoints

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MILWAUKEE (WITI) -- Some attorneys say there's a legal loophole that drivers can use to get through sobriety checkpoints and not speak with officers and has exploded on social media.

A YouTube video was posted by Florida attorney Warren Redlich, showing him pass through a sobriety checkpoint with a self-created flyer. The flyer, hanging out of his car inside a ziplock bag, shows his drivers license, insurance card and registration. The flyer reads, 'I will remain silent, comply with state law but am not opening my window.'

At a checkpoint in Boca Raton, and another in Miami, Redlich is seen in the video being waived through without speaking to officers.

According to KTVI, DUI checkpoints became legal in 1990 under a ruling from the Supreme Court, but the supreme court never specified a driver's actions once at that checkpoint.

“Do you have to put your hands up? Do you have to smile? Do you have to tell the officer who you are? They didn't go that far. They balanced your constitutional rights, versus the states interest, in enforcing DWI’s,” said Matt Fry, attorney with Rosemblum, Schwartz, Rogers & Glass in St. Louis.

Redlich now has Fair DUI Flyers tailored to his laws in over 12 states online. The YouTube video he posted of himself going through the checkpoints has reached more than 2.4 million views.


  • Henry

    The newsperson’s comment, “Well if you don’t have anything to hide…” really bothers me. We have certain constitutional RIGHTs. If you want to give up yours that your choice, I don’t. If we continue to allow these rights to be taken away but government without protest, soon we won’t have any. If the government feels that drunken drivers are a threat then arrest them and keep them off the roads! Almost every week I see an article about some driver being arrested for their 6th, 8th or in one case 12th DWI, there is a problem with the system!

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