My wife and I had just seen the movie "Milk" (I recommend) and we are driving home in Orange County when I encounter a sobriety checkpoint. We missed the entrance so naturally, I dropped my wife back off at home and I went back out to investigate. Call it gonzo lawyering, if you will.

As I pull up, the sign reads "Sobriety, DL checkpoint ahead." OK, so the cops are checking us for driver's licenses now. As I pull up, there is a single lane marked by a temporary stop sign and manned by 4 of Orange County's finest police officers. The officer tells me to roll down the window. I do. She announces that they are running a sobriety checkpoint and checking for driver's licenses. She then asks me where I am coming from. I tell her that is none of her business. I then ask her on what authority is she pulling over every car to check licenses. Blank stare. She repeats that this is a sobriety checkpoint and a driver's license checkpoint. I tell her I heard her the first time and, again, on what authority is she checking every car's license? She asks me if I have been drinking. I tell her I am not going to answer that. She orders me out of the car.

Now, I had the chance to watch what they were doing. If I, a lone passenger, intentionally chomping on gum, furiously drinking water, and unwilling to answer questions, comes along, I am getting pulled out of my car no matter what. The only order to this was: 1. Pull car and check for license 2. while checking for CDL, sniff around 3. if anything suspicious occurs, pull that guy out immediately. 2nd car, 3rd car, 5th car, 200th car, didn't matter. They were checking for licenses and acting on hunches thereafter. Unless the law has changed in the past week, I think that kind of checkpoint is unconstitutional and therefore illegal.

OK, so she orders me out and I ask why (now I am probably flirting with a 148 charge [resisting, obstructing or delaying a peace officer who was performing her duty], but I was also dying to challenge the "lawful duty" aspect of the charge). She repeats, in command tone, get out of the car. Not wanting to post bail, I do.

As I get out, another officer jumps in my car (!) and pulls it away. I announce: "he does not have my permission to be in my car!" I am ignored.

She directs me to the sidewalk while asking me questions. I repeatedly tell her that I am not submitting to any FSTs and I will not answer her questions. If I committed an infraction, she can cite me and I will be on my way. If she feels she has probable cause for a DUI arrest, have at it. She ignores me and commands me to sit on her bumper. I do.

The Horizontal Gaze Nystagmus Test (HGN). She breaks out the pen and, at lightning speed, starts moving it horizontally, passing my face 7-8 times. Stymied, she starts the vertical nystagmus. My defense was too great (and the fact that I just happened not to have consumed an alcoholic beverage in the last 2 weeks and I don't use drugs) and I foiled her again. Not one to give up however, she starts – I am not BSing you – waiving the pen around in a circular fashion around and around my face, one inch from my eyeballs. I thought she was going to poke me in the eye. Pissed, I announce that this will not establish any kind of Nystagmus and I am finished with this nonsense. Realizing that she has just been outflanked, she takes my valid California Driver's License to her car and runs it. No warrants!

But wait. You are now thinking why did I submit to HGN? I had refused the Field Sobriety Tests, right? A great question, for which I don't have a real good answer. I think it is this: I had told the cop I would not perform FSTs and she needed to cite and release me or, just release me. She had me sit on the hood of her car. She then walked up to me forcefully and started the test. No warning, just command instructions to follow the pen. I guess I could have sat there and closed my eyes or just told her no. The point is, it was not even like a test. She was commanding me to do something and I was acceding to her authority. I am embarrassed to say, she demanded and I complied, sheep-like. The other tests require demonstration and participation. This one does not. They just kind of do it TO YOU. Can you imagine if I didn't have an agenda? The normal person is probably powerless against this initial intrusion and then simply accepts every subsequent one.

With the "test" completed, she approaches me again – clearly disappointed – and hands my CDL back and sternly advises me that this unpleasantness could all have been avoided if I had just cooperated with her. I advised her that she was not correct, it could have been avoided if she had cooperated with the Constitution.

I get in my car and go back to my wife, who is asleep.

If you or someone you know was stopped by a DUI checkpoint and arrested, contact The Law Offices of Keith J. Bruno immediately.