Police Checkpoints, When and When you cant be silent

Yes, police checkpoints are legal. There are specific criteria that the police must follow when they set them up. You are free to refuse, but BE careful, Your drivers license is a privilege , not a right. In NJ, known as the implied consent law, if your refuse to cooperate, you run the risk of loosing your license, without being convicted of anything. Good luck.

Under the Fourth Amendment of the US Constitution, it is “the right of the people to be secure in their persons, houses, paper and effects, against unreasonable searches and seizures”........... “shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation. . . . ” Eleven (and soon to be twelve) states have determined that drunk driving checkpoints intrude upon a person’s Fourth Amendment rights, In twenty or so of those other states the rationale is stated that DUI is a "detriment that requires persons to comply when stopped at a police checkpoint". The rest of the states are still silent on DUI police checkpoints. [Beware what you watch on YouTube] So the law is spilt. So you have the law yourself, please read the Bill of Rights Fourth Amendment for yourself.

In Jersey under State v .Kirk a DWI checkpoint can be Constitutional if they comply with all the requirements. These requirements have been eased somewhat since Kirk but they still have to jump through some hoops. If the block is OK it must be non random, meaning every car or every certain number car can be pulled over. To get around this they have point men that ask to give you a DWI card thereby getting you to stop and roll down your window. That gives them the opportunity to look at your car for problems, expired sticker, obstructed view etc. and lets them smell your breath. You can refuse but bet they will pull you over for something. Once pulled over they start the questioning. Again you can refuse but if they establish probable cause, and it may not take much, they will arrest you. So,lol, not to comply may cause more problems. You may be able to defeat the block on a motion to suppress but it is a hassle and a half.

Dealing with the police requires restraint. The less you say the better off your are. On the other hand you do not want to piss anybody off. Getting excited with the police is a very bad idea because they are trained and are supposed to keep things under control. Also the better practice is to avoid driving after you have drunk an alcoholic beverage. If you can not avoid driving, try delaying the time when you do operate a vehicle for at lease two or three hours. If you are asked to take a breath test do not refuse because the penalty for the refusal may be more than the penalty for being dui.

Your best defense against any wrongful acts on the road is a dash cam. Other attorneys here have given you good advice. It may be legal to piss off a cop, but it is not generally wise. No LOL involved, this is serious stuff, and your interpersonal skills come up to a big test when dealing with police.

I haven't seen the videos you have so I can't comment on their accuracy. However if an officer directs you to pull over into a lane adjacent to the check point and wait then you are being detained. You can ask the officer if you are free to go and if you insist the officer will probably wave you through. This assumes you don't happen on a cop who doesn't like smart remarks (that's what he'll hear) and doesn't pull you out of the car and beat the crap out of you. It may be legal to refuse the cops order if you are not being detained but it is both gutsy and wrong-headed at the same time.