News

Actions

Special Report: Do DUI flyers work?

Posted: 11:14 PM, Nov 18, 2015
Updated: 2015-11-19 04:14:32Z

Driving under the influence is a crime Cape Coral Police are becoming all too familiar with.

Of this year's 13 deaths on the road, eight have been DUI-related.

Police say that number is higher than ever, so they've been sending out wolf-packs to stop drunk drivers.

A flyer is circulating Florida that reads "I remain silent. No searches. I want my lawyer."

They're distributed by a Boca Raton attorney on the website FairDUI.org .

Warren Redlich told USA Today the flyers are a way for innocent people to protect themselves from a bad DUI arrest.

The theory is if you hang the flyer outside your car window in a clear plastic bag with your license, insurance card, and registration when you get pulled over or go through a DUI checkpoint, you won't have to roll down the window and interact with police.

A YouTube video shows a Levy County man getting through a DUI checkpoint without rolling down his window.

Even though it worked for him, would it really work for you?

"I think when you ask the question of whether it's legal or not, absolutely. Somebody can put that out the window with their driver's license and show it to them and tell them 'this is what I'm going to do.' The  question becomes is it legal for the police officer not to accept this?" Attorney Scot Goldberg said.

He said you have every right to refuse any sobriety tests, but you are obligated to cooperate with police.

"You can't just keep your doors locked and hand them this and think that's going to work. It will not work in Lee County," Goldberg said.

Sgt. Patrick O'Grady with Cape Coral Police said he's never seen someone try to use the flyer in Cape Coral, but he has heard of the Internet trend.

What would police do if someone tried to use this flyer?

"We'd pull a vehicle in the front, a vehicle in the back, and divert the traffic around him. Then tell him he's free to go at any time he wants, but he's not going to be able to take his car because we need to make sure he's not impaired before he leaves," Sgt. O'Grady said.

He said not rolling down the window defeats the purpose of a checkpoint, and said most people trying to use the flyers are just trying to end up on YouTube.

So what should you do if you find yourself suspected of a DUI?
Goldberg said you shouldn't lie to police if you can help it, but you also don't want to help law enforcement prosecute you.

"If I am pulled over and I've been drinking, and they ask me if I've been drinking, I'm going to say 'Absolutely not. No, I don't drink, officer.' And they're going to say 'Well Mr. Goldberg, we see that open beer between your legs.' It sounds funny, but I'm going to tell them it's not mine and I don't know how it got there," Goldberg said.

If you're not comfortable with a lie, Goldberg told Four in Your Corner's Lisa Greenberg you shouldn't answer any questions at all.

The simplest thing you can do - both law enforcement and attorneys agree - is simply not drink and drive.

"It's a lot easier to pay 30 bucks for a taxi than $15,000 for a DUI arrest and prosecution and defense," Sgt. O'Grady said.