Checkpoint protester Jeff Gray recently uploaded a video in which he drove through a DUI checkpoint in Chiefland, Florida, on New Year's Eve without speaking to police or rolling down his window.
Instead, Gray put his driver's license, registration and insurance cars inside a plastic bag and held it up against his window with a flier from FairDUI.org that read, "I Remain Silent, No Searches, I Want My Lawyer."
Deputies from the Levy County Sheriff’s Office and the Florida Highway Patrol read the flier and allowed Gray to drive thru three times.
However, Pinellas County Sheriff Bob Gualtieri objects to the practice, and suggested people could be arrested for obstruction.
"The deputy can't assess the person," Sheriff Gualtieri told Fox 13 (video below). "And, if you can't assess them, then you are obstructing the investigation. Just because you dangle in a bag your drivers license, registration and insurance card out the window doesn't mean that you're not drunk."
"It's legal, but you draw attention to yourself," countered Florida DUI Defense Attorney Elliott Wilcox.
Lee County Sheriff Mike Scott dared Gray to try it, even after admitting people can legally provide documents and remain silent.
“However, by not rolling the window down, you’re interfering with our investigation,” Sheriff Scott told 925FoxNews.com.
”Our policy reads very specifically, that if the driver refuses to roll down their window they will be arrested for resisting or opposing an officer,” added Sheriff Scott.
“I challenge him, if he's listening this morning, to please come drive around Lee County,” said Sheriff Scott. “Eventually you'll find one of our checkpoints and try your luck. He’ll go to jail.”
Sheriff Scott then admitted he's not the "highest authority."
However, the Ocala Post notes that "refusing to roll down your window is legal in Florida and law enforcement officials cannot arrest you for refusing, or break the window during a DUI checkpoint."