The courts in this country are constantly expanding the legal authority of police officers when it comes to DUI checkpoint stops and DUI stops in general and restricting the rights of the individual who finds themselves in this situation.

When you have organizations like MADD pressuring and lobbying state law makers to pass tougher drunk driving laws, its only a matter of time before an individual’s legal rights are gone when they are involved in a DUI stop.

As it stands right now, police officers have very wide-ranging authority when it comes to what they can and can’t do during a DUI stop. A lot of activities that were prohibited a few years ago are no longer considered forbidden.

A lot of DUI lawyers will tell you that at some point the courts will put a stop to this madness, but the fact is that once these tougher DUI laws have been enacted, they are not just going to get eliminated and go back to the way it was.

During a DUI checkpoint stop, the laws regarding probable cause are somewhat skewed, and they are not skewed in your favor. Typically to initiate a DUI stop an officer needs probable cause like observing weaving in the lane or erratic lane changes or something of that nature. Not so when it’s a DUI checkpoint.

When the officer approaches the driver side window he is going to ask the vehicles driver a series of questions designed to establish probable cause as to whether the driver has been drinking and driving.

More than likely while the driver is being questioned there will be another officer peering through the windows with a flashlight from the passenger side looking for evidence of potential criminal activity as another attempt to try and establish probable cause.

If the officer questioning the driver smells alcohol on the driver or in the vehicle or the driver’s behavior seems suspicious, the officer has now established probable cause.

At this point the vehicle is pulled to the side and the driver will be asked to submit to the field sobriety tests. What most people don’t know is that they can and should refuse to submit to the field sobriety tests, but by the time most people realize this days later, the damage is already done.

The next test you’ll be asked to submit to is a PAS or preliminary alcohol screening test also known as a PBT test. This test is also not mandatory and you may refuse this test, but here again the officer is going to conveniently forget to tell you this. This is just more damaging evidence against you that will be used in court.

Here are two thoughts on the PBT test, if you are confident that you are below the legal BAC level, you should consider submitting to the test and if you are below the legal limit, you will be on your way. However, if you have doubts about whether you are below the legal limit or not, you may want to refuse the test in an attempt to minimize the mounting evidence against you.

Something else to understand about the PBT test is that by the time you are asked to submit to the test, nearly an hour has elapsed since you first entered the DUI checkpoint. This is a sneaky tactic used by officers because they know that the long they detain you, the greater their chances are of obtaining a DUI conviction.

If when you blow, your BAC is below 0.08%, you will be on your way. However, if you blow a 0.08% or greater you will be taken into custody for DUI, your car will be impounded if there is no one else in the vehicle who is sober and can drive it home.

Once you’re at the police station you’ll be held for approximately another hour before you have to submit to the official breath test.  Here is another sneaky tactic used by officers because they know that by this time the alcohol is fully in your blood and it is at this point that you will register your highest BAC level.

If you live in a state that allows the use of the rising BAC theory to be used in court as part of your defense and you have a skilled dui lawyer handling your case, then hopefully he or she will use the rising BAC theory in your defense and hopefully be able to gain an acquittal based on the theory.

If you’ve been recently convicted of DUI you need to order a copy of the DUI Process Manual to learn how you can significantly minimize or clear your DUI record. The manual is full of useful tips and techniques that can be used by anyone.