DUI Checkpoints: Your Rights And Responsibilities

7 September 2023
 Categories: , Blog

Driving under the influence (DUI) remains a significant public concern, and law enforcement agencies continue to seek effective methods to deter intoxicated driving. One such method, the DUI checkpoint, is employed across many states. But as you approach those flashing police lights, it's essential to know both your rights and your responsibilities.

The Legality of DUI Checkpoints

DUI checkpoints are legal in many states, having been upheld by the U.S. Supreme Court in the 1990 case of Michigan Dept. of State Police v. Sitz. The Court found that the state's interest in preventing drunk driving was a substantial government interest. However, the legality can vary from state to state due to different interpretations of state constitutions. It's crucial to familiarize yourself with the laws in your state or the state you're traveling in.

What to Expect at a Checkpoint

When you approach a DUI checkpoint, you'll typically see signs indicating you're entering a sobriety checkpoint. Law enforcement will have a system in place, often stopping every vehicle or every second or third vehicle. Officers will look for signs of impairment, such as slurred speech, the smell of alcohol, or glassy eyes.

If the officer suspects you've been drinking, you might be asked to pull over for a more in-depth examination. This could involve answering questions, participating in field sobriety tests, or taking a preliminary breath test.

Your Rights at a DUI Checkpoint

DUI checkpoints can be legal in many places, but your rights remain intact:

  • Right to Remain Silent: You aren't required to answer any questions, but it's advisable to be polite and provide identification when asked.
  • Refusal of Tests: In many states, you can refuse field sobriety tests. However, if you're arrested and refuse a chemical test, like a breathalyzer, you could face additional penalties due to implied consent laws.
  • Avoiding Checkpoints: If you see a checkpoint ahead and wish to avoid it, you have the right to turn around or take a different route, as long as you do so safely and without violating any traffic laws.
  • Right to an Attorney: If you're arrested, you have the right to consult with an attorney before answering further questions or participating in further testing.

Handling DUI Checkpoints Responsibly

If you approach a checkpoint:

  • Stay Calm: Officers are looking for signs of impairment. If you haven't been drinking, remain calm and follow their instructions.
  • Be Respectful: Whether you agree with the legality or ethics of DUI checkpoints, being argumentative or confrontational won't help your situation.
  • Plan Ahead: If you plan on drinking, always designate a sober driver or use rideshare services.

Understanding the legality and purpose of DUI checkpoints is vital. While they can feel invasive, their primary purpose is to keep roads safe. Familiarize yourself with the laws, uphold your responsibilities, and always be aware of your rights. If ever in doubt, consulting with a legal professional is a wise move.

Contact a local DUI lawyer to learn more.