Motorist Refuses to Show ID at DUI Checkpoint: Do You Have To?

Do You Have to Show ID at a DUI Checkpoint? I've wondered about these checkpoints on manny occasions. You're driving home from work, just stopped of at the grocery store, ice cream is starting to melt and you find yourself at a DUI checkpoint. Officer asks for license and registration -and proof of insurance. You didn't break the law and are completely sober but just happened to find yourself at a checkpoint.



Do you really have to show your ID to the officer since you're not commuting or suspected of a crime??

Motorist Refuses to Show License at Sobriety Checkpoint

Citing case law, Johnathan Travis Moore, or Travis Kasprowicz, a 31-year-old man from Vacaville driving the 2014 Chrysler 300, declined to provide his driver’s license after multiple requests from the CHP officer, according to the court filing.

A front-seat passenger, Ryan Tregaskis, 23, who was known to one of the police officers present, started filming the scene with a cellphone. Moore stated he had not been drinking, according to the search warrant.

These guys refused to show ID at a DUI checkpoint, they also filmed it and posted it to youtube but it's unfortunately been taken down. My husband saw the video and said the guys were calm and collected throughout.

Now the police think these guys rolled through the checkpoint with the intent to refuse ID and film the scene to teach the cops some law. If they did, does that really matter? They were still in the DUI checkpoint like everyone else. If the laws don't apply to them then that means the law doesn't apply to anyone. I'm glad these guys did go through the checkpoint, filmed the event and questioned authority.

“It is my opinion that Moore and Tregaskis conspired to enter this checkpoint to commit a crime, specifically with the intent to resist/obstruct and delay officers at the checkpoint,” Campagna wrote.

CHP Sgt. Diana McDermott said officers request a driver’s license at sobriety checkpoints “to ensure the highest level of traffic safety.”

“The reasoning was based on a study conducted by DMV which showed 33 percent of drivers with a suspended or revoked license have a criminal record and 85 percent of those drivers used their automobiles in the commission of a crime,” McDermott said.

Neither of the gentlemen who refused to show ID at the checkpoint have been arrested in convection with this incident.

I looked around for information about showing ID to a cop and found this article:

From here, ID laws only get more complicated. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to reveal their identity when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as “stop-and-identify” statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.

As of 2013, 24 states had stop-and-identify laws. Regardless of your state’s law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you’re involved in illegal activity.

When Can Police Ask for ID?

What say you ATS? Do the police already suspect you of being drunk once you pull in to their checkpoint line? Should you have to show ID at a checkpoint because 33% of drivers with a suspended or revoked license have a criminal record and 85 percent of those drivers used their automobiles in the commission of a crime when you haven't done anything wrong or illegal?

I never understood this. If you are running an armed resistance that is fighting a deployed army then don't show your id. Papers, what ever.

If you are just driving in your city and encounter a cop that grew up in your town or city and is just trying to figure out if you came from elsewhere to cause trouble, JUST SHOW HIM YOUR DUMB ID.

People get into far worse situations by being standoffish. I have never had real issues with cops. I have to admit that I have been caught breaking the law a few times too....never had a problem with cops being unreasonable. WHY be unreasonable with them?

The principle? Then by principle EVERY infraction you commit should be counted and you punished. How do you like that? Its the principle of it right?

a reply to: tadaman

I never understood this. If you are running an armed resistance that is fighting a deployed army then don't show your id. Papers, what ever.

If you are just driving in your city and encounter a cop that grew up in your town or city and is just trying to figure out if you came from elsewhere to cause trouble, JUST SHOW HIM YOUR DUMB ID.

Showing the police you ID and complying with them while being polite will always help the situation and refusals tend to escalate. I'lll usually give in but not always. Why should I have to show the cops my paperwork when I haven't done anything wrong.

A few months ago I was simply walking down the street when 2 motorcycle cops pulled over next to me and asked for my ID. I'm sure it's because I'm a heavily tattooed woman and not because I was doing anything wrong. I calmly asked what crime I was suspected of, they said nothing they're just checking and so I refused ID. They eventually let me go on my way.

I'm not going to give away my rights to make things go more smoothly for them.

It depends on state law. In some states they have passed laws that say you have to produce ID when asked. People that is telling everyone you don't have to show your ID is just plain wrong.

While these checkpoints may be a pain, I'd rather do this than go to a love-one's funeral due a drunk driver.

Whether it's legal or not, I don't know.

a reply to: Jennyfrenzy

Reasonable suspicion is the key at any of these stops, and the police do not have it. Unless you pull up all sauced and can't talk, of course.

Those stops might be something they like to do, but they can't legally make anyone submit to anything unless you agree to do it, or you give them the reasonable suspicion that they actually need.

Outside of those legal boundaries anything they do is against due process and a legal violation. That is how I read it. When people do this they should expect resistance since police like to toss their weight around, but freedom is not cheap, and it does have costs.

a reply to: buster2010

No state law is legal that requires ID be shown without reasonable suspicion of a law being broken. It's in the constitution that way. If it were not, then a state could make any kind of ridiculous laws without the slightest boundaries.

There are a lot of laws being enforced today however, that are in direct violation of constitutional authority. Many state lawmakers and state representatives don't care about the constitution. They only care about their parties agendas and mandates, and the constitution is always getting in the way. Rick Larson State Rep (D) of Washington State is one of these fruit cakes who doesn't respect our great nation and is always trying to circumvent the constitution to pass or promote bills.

a reply to: Jennyfrenzy

Hey, I agree. If they are ALREADY being unreasonable then do what you must. I disagree with not showing ID when crossing a border for example. What? A BORDER PATROL agent cant ask you if you are a citizen and for some ID?

Just show an ID and let him do a better job of controlling who is doing what and where. When he takes his uniform off he would like to do the same as you and just go about his business. He will let you if there is no problem.

I used to dress.... differently as a teen. I got pulled over walking a few times, even had a knife taken from me without incident. I showed ID, they told me not to be an idiot with a knife and let me go. They MAY have saved my ass from thinking to the knife in my pocket as an option if I ever faced a situation where I would have used it.

I have been pulled over walking where I had weed and they just made me stomp it out and continue walking. The secret is TO BE NON CONFRONTATIONAL about people doing a job we all agree is important.

Just do what you know is right, NOT what you think you can get away with or should be allowed to get away with on principle.

They look for bad people doing bad things. Sometimes that means they ask for ID....feel it out.

a reply to: buster2010

I haven't been able to find anything concrete.

According to The ACLU

If you are stopped in your car, DO...
DO show your license, registration, and proof of insurance when asked (you have to if you’re stopped while driving).

It's a big claim to make, right! I would probably just show them mine and move along.

a reply to: tinker9917

Agreed, I've lost friends to drunk drivers.

It just seems like these sobriety checkpoints are set up too early in the day sometimes, they should be done later in the evening. There's one across the street from my house all the time and they wrap up at like 8pm. Seems like they're looking for people other than those under the influence at those checkpoints.

FHP used to have these every few months, or so, here in Florida. Per state law, they were not allowed to be completely random, so they would publish a small article in the local papers a few weeks before, stating the general locations, dates and times that these could be set up! This would allow the smarter folks who read the whole paper, to avoid those roads, during those days, if they didn't want the hassle...
It always seemed interesting to me, the locations that they would choose, to do the "vehicle safety checkpoints", as they called them. They were mostly less traveled roads, that accessed the poorer parts of our communities!

For whatever reason, I haven't seen one in 10 years or more... I wonder why they stopped doing them?

a reply to: tadaman

Hey, I agree. If they are ALREADY being unreasonable then do what you must. I disagree with not showing ID when crossing a border for example. What? A BORDER PATROL agent cant ask you if you are a citizen and for some ID?

You should expect to have to show ID at border patrol. My question was mainly about these checkpoints. I totally get why they do them but at the same time, should you have to show ID?

I was stopped at a checkpoint at like 2pm once and was running to grab lunch real quick and left my purse at home. Luckily the officer took my DL# that I gave him had me pull over and verify I was who I said I was. He let me go with a warning. Had I been rude and disrespectful he could have arrested me and impounded my car.

I have been pulled over walking where I had weed and they just made me stomp it out and continue walking. The secret is TO BE NON CONFRONTATIONAL about people doing a job we all agree is important.

Exactly! There is a way to question authority while being respectful and complying. Dressing or looking eccentric usually makes police suspicious, assumptions and all.

a reply to: GoOfYFoOt

My town does them in the middle of the day, that's why I'm always a little curious as to why they're really there. Wouldn't a DUI checkpoint make more sense at say 10pm vs 6pm, when people are returning home from work? My suspicion is that they're looking for illegals, the town I live in depends on and is world renown for it's grapes.

originally posted by: buster2010
It depends on state law. In some states they have passed laws that say you have to produce ID when asked. People that is telling everyone you don't have to show your ID is just plain wrong.

I have to agree to a point that is true, especially in a motor vehicle. Driving is not considered a right, but a privilege that can be revoked by the state.

But how far does that go? IS a DUI checkpoint, or even a checkpoint verifying license and insurance, violating the concept of 'innocent until proven guilty''?

I think I will leave others to challenge that concept, I have too many things to fight as it is.

Now, if I was walking down the street or in a public area, and was asked for ID, that would be different. I would refuse and politely ask what I was suspected of before doing anything to comply.

a reply to: lakesidepark

But how far does that go? IS a DUI checkpoint, or even a checkpoint verifying license and insurance, violating the concept of 'innocent until proven guilty''?

I think I will leave others to challenge that concept, I have too many things to fight as it is.

Agreed, I'd show them my paperwork and move along with the question of it being right stewing in the back of my head. Driving is not a right, its a privilege but are you guilty until proven innocent at these checkpoints.

Honestly, there should be laws passed that drivers should have to show ID at these checkpoints if people are expected to.

originally posted by: NoCorruptionAllowed
a reply to: buster2010

Many state lawmakers and state representatives don't care about the constitution. They only care about their parties agendas and mandates, and the constitution is always getting in the way.

Aint that the TRUTH.

They should all be rounded up and place in a prison. A prison with hungery lions in their cells.

originally posted by: Jennyfrenzy
a reply to: GoOfYFoOt

My town does them in the middle of the day, that's why I'm always a little curious as to why they're really there. Wouldn't a DUI checkpoint make more sense at say 10pm vs 6pm, when people are returning home from work? My suspicion is that they're looking for illegals, the town I live in depends on and is world renown for it's grapes.

Yes! If they were actively looking for impaired drivers, they would establish these stops later in the evening. But, we both know that they only call them "DUI Checkpoints" because that sounds good, and makes regular folks think that they are necessary and will keep us safer! In all reality though, popping someone for DUI, is a lot of hassle that many cops don't want to deal with! Writing a few citations on the other had, makes their shift look just as productive, and takes much less time and energy...

As for the OP, I agree with most of the previous posters... Yes, some states require you to provide ID when asked. Should they be allowed to, though? My jury is still out. Should my rights trump the potential for taking a dangerous person off of the street? Perhaps not. But, we all know, that LE abuses every power that they are given. And, thinking someone might have a warrant or when their fishing expedition leads to a misdemeanor charge, those types of "criminals" are generally not a danger to society! They do tend to keep the system's money-go-round spinning, though...

a reply to: GoOfYFoOt

It's kind of a catch 22, isn't it?!?

I keep going back and forth, I understand why they ask for ID but should we have to show them ID when no crime has been committed, you're not under suspicion of commuting a crime and all laws are being followed.

I'll usually always comply, unless randomly stopped while walking on the street minding my own business and obeying the laws, someone else can fight that fight.

The question still persists though...

a reply to: Jennyfrenzy

There`s a reason for not having to show it...It`s totalitarian.

In the early 40s of the 20th century we had for few years some Germans visiting who stayed for a couple of years and asked everyone in a typical German way "Ausweis!," which was a special work permit to be on the street when it was dark or to be allowed at certain places for work.

originally posted by: tinker9917
While these checkpoints may be a pain, I'd rather do this than go to a love-one's funeral due a drunk driver.

Whether it's legal or not, I don't know.

So, liberty for security then?

I sort of agree that it's easiest to just show your ID, and be on your way in a couple minutes. But the problem I have with this is, this is how it starts.
At first it's just check stops, then it escalates from there.

Next they will be banging on random doors and wanting to know who's all in the house. Anyone have any drugs in here? Illegal firearms? Have you paid your taxes? etc...

Would it be better to just comply and have them be on their way after a couple minutes or let them ask 100 questions and maybe go through your home?

i saw that clip. the policeman was just being an ar$e in my opinion. the guy in the car did nothing inflammatory, was polite at all times, and was clearly no cause for suspicion.