At one time or another, we’ve all seen a commercial or news report that warns the public about the fact that law enforcement will be out on the streets monitoring drivers at fixed locations to see if anyone is driving drunk.

These roadside sobriety checkpoints, as the stops are known, can result in the filing of charges for Driving Under the Influence, commonly referred to as a “DUI”. The checkpoints have often been hailed as an effective method for removing potentially dangerous drivers from the road, while also deterring those who may have thought about getting behind the wheel after having one alcoholic drink too many.

Now, a South Florida attorney is questioning various aspects of the checkpoints. Warren Redlich tells the Associated Press (AP) that the roadside stops violate drivers’ constitutional rights. According to Redlich, drivers don’t have to speak to police at the checkpoints. They don’t even need to roll down their windows. All they need do, he maintains, is to place their registration and license against the window glass with a note that says they have no comment, do not consent to a search and wish to speak with a lawyer.

Redlich, based in Boca Raton, maintains that his intent in promoting these ideas is to protect the innocent. “The point of the card is, you are affirmatively asserting your rights without having to speak to the police and without opening your window,” he said.

As might be expected, law enforcement officials take a slightly different point of view, noting that a 1990 U.S. Supreme Court case validated the implementation of random DUI checkpoints.

When it comes to drivers refusing to roll down the window or talk to police at a sobriety checkpoint, the president of the Florida Sheriffs Association had this to say to the AP: “They wouldn’t be allowed out of that checkpoint until they talk to us. We have a legitimate right to do it. If I was out there, I wouldn’t wave them through. I want to talk to that person more now.”

Legal experts don’t appear to have arrived at any kind of a consensus as to whether Redlich’s approach to DUI checkpoints would pass muster in court. As one former Miami state and federal prosecutor notes, “You may have to roll your window down and interact [with officers].These guys are all pushing the envelope.”