The Fair DUI Flyer and the Law

New Jersey - Front

New Jersey – Front

I was motivated to create the Fair DUI flyer because of some court cases and because I see activists doing things the wrong way. So on these pages I’m going to talk about why the Fair DUI flyer says what it does, and what the laws and cases are behind that.

For starters the big legal idea is that the three statements on top of the card relate to your constitutional rights under the 4th, 5th, and 6th Amendments. But not in that order.

The first line is “I Remain Silent,” from the 5th Amendment. It’s first because it’s the most important. And it’s not just about holding up the flyer. You have to follow it yourself. Keep your mouth shut. Not a word, not a grunt, nothing.

The second line is “No Searches,” from the 4th Amendment. Police will often claim the person they arrested consented to a search. This flyer makes it pretty obvious that you do not consent. And that relates closely to why you don’t roll down your window – if they force you to roll down the window or open the door, then it’s a search. If you follow the flyer’s instructions, it’s likely an illegal search and everything that follows should get thrown out by the courts.

The third line is “I Want My Lawyer,” from the 6th Amendment. It does not say I want A lawyer. It says I want MY lawyer. That’s a big difference. Wanting “a” lawyer could mean you want a public defender, and you’re not entitled to one yet. But if you say you want “my” lawyer it means you’re referring to a lawyer you already have and you generally have a right to consult with your own lawyer.

More to come. Stay tuned!

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56 thoughts on “The Fair DUI Flyer and the Law

    1. Eamon

      One for North Carolina probably isn’t possible because of § 20-16.2. which is Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis. If you refuse, you’ll have your license taken for one year.

      1. Ryan

        Implied consent is if arrested you must give blood or urine. If you havent been arrested yet sitting at a checkpoint, that does NOT constitute an arrest. So the flyer will comply with the law of showing drivers license proof of insurance and a registration

    1. tom j

      I hope it will work in Pa. Pa law says that upon approaching a check point a sign must be posted before the check point and an intersection must be between posted sign and the check. point so you can avoid if your sober you will notice the sign and can avoid the check point.

      1. Chris

        If you are too drunk that you miss a sign that essentially says “if you are drunk, turn off here” you deserve to be arrested and shouldn’t be on the road.