In the last few years we’ve seen popularized videos of people from inside their cars recording their interactions with the police at DUI roadblocks. Most of the videos are from the United States where the constitutional rights are very different. As DUI lawyers we like watching them for entertainment, but we also understand the backlash when it comes to certain videos.
The tricks that might get you through DUI roadblocks in Canada require that you actively attempt to unlawfully obstruct a police officer.
In one instance a lawyer tested a method to get though DUI roadblocks in Florida. He held up a sheet of paper explaining his rights and refused to roll down his window. The police appeared stymied and bemused. They permitted the lawyer and his cohorts to drive on. Noteworthy is that it appeared this was a challenge to the law and not a bunch of drunks in a car, so there was no reason to suspect them in the first place. It’s likely that the police were more amused than concerned about a possible drunk. Still, it’s an interesting video. It raises a number of issues.
But for the obvious video camera…
These days the police should keep in mind the prospect that they are being videoed at all times. In the case of these DUI roadblocks, the drivers are relying on the police knowing full well that they are being video recorded. Often there is at least one witness in the car as well. What if there was no obvious camera and no witness?
In our experience we would expect the police to smash out the window, conduct a violent arrest and fabricate the evidence for a charge of obstructing justice, uttering threats — that sort of thing. If there’s no video and the police have little chance ever being caught, and you’ve made them angry by undermining their authority, there’s a pretty good chance you’ll get arrested for something they just made up. That’s just the way it is. Buy a video camera.
The people featured in the videos on Youtube are openly recording the videos and clearly challenging the officer’s authority. So it’s obvious to any police officer that it’s a setup. It would be very different if the drivers were alone and there was some sign of alcohol consumption.
Why don’t lawyers reveal tricks about DUI roadblocks?
DUI lawyers such as ourselves are always being scrutinized for anything we might say that could possibly even remotely be seen as encouraging drunk driving. We have to deal with hateful comments from time to time, nasty things posted on the internet and the odd threat usually by people who think that we’re some sort of drunk driving advocates. Thankfully most people understand our role in the justice system.
What would happen if we told people the legal tricks that would get them though DUI roadblocks?
Firstly, no lawyer is going to tell you the tricks to get through DUI roadblocks. The “tricks” in most cases would constitute a criminal offence if you tried them.
We know things people have done that have provided them with a defence on an IRP or criminal DUI. If we encouraged people to try some of these things, we know that it might not play out the same way and it could backfire big time. The bigger concern, however, is that we don’t want to facilitate or encourage anyone to obstruct justice. Simply put, the tricks that might get you through DUI roadblocks in Canada require that you actively attempt to unlawfully obstruct a police officer in the course of their duties. Lawyers will not to advise you to do that.
Tricks vs. the law
Of course, tricks are different from legal rights which is something that we can tell you about. You are entitled to rely on your Charter rights and other legal rights when you pull up to DUI roadblocks just as you would in most other situations when you’re in contact with the police. Some of the legal rights are difficult to reconcile and may compete with certain obligations as a driver.
There are fine lines which you don’t want to cross. And we wouldn’t recommend pushing your luck unless you’re very confident in your views and have multiple video cameras recording everything. Still, we think this is an issue which longs for exploration here on our blog, so as time permits over the next few weeks we’re going to discuss DUI roadblocks, your rights and how to get through DUI roadblocks in BC.
It’s a touchy subject. Please keep in mind that our purpose is not to facilitate drunk drivers avoiding detection through trickery. Our goal is to ensure that BC drivers know their rights when they come upon DUI roadblocks.