Police departments set up DUI checkpoints regularly across the country. These roadblocks appear in predetermined locations where officers check drivers for signs of impairment. The U.S. Supreme Court has ruled that properly conducted checkpoints are constitutional, but that doesn’t mean you’ve surrendered all your rights.
Our friends at Morales Law Firm regularly handle cases involving checkpoint stops and the legal issues that follow. A DUI lawyer can review whether your rights were violated during the stop if you’re facing charges after a checkpoint encounter.
What Makes A Checkpoint Legal
Law enforcement can’t just set up shop wherever they want. Random stops violate constitutional protections. Police departments typically need to announce checkpoints in advance and use neutral selection criteria. Officers can’t simply pull over whoever catches their eye. The checkpoint needs a legitimate public safety purpose. Supervisors should determine the location and procedures, not individual officers making decisions on the fly. Most jurisdictions require visible signage and clear marking so drivers know they’re approaching a checkpoint. Without these safeguards, the entire stop could be questionable.
Your Right To Remain Silent
You’ll need to hand over your driver’s license, registration, and proof of insurance when asked. That’s required. Beyond those documents, though, you have the right to decline to answer questions. Officers will often ask where you’re coming from or where you’re going. They’ll ask if you’ve been drinking. You can politely decline to answer. Something simple like “I’d prefer not to answer questions” works fine. Your silence can’t be used as probable cause for arrest, though officers might find it suspicious.
Field Sobriety Tests Are Optional
Most states don’t require you to perform field sobriety tests. You know the ones. Walking in a straight line, standing on one leg, and following a pen with your eyes. Officers use these roadside physical tests to build evidence of impairment. You can refuse these tests without automatic penalties in most jurisdictions. But there’s more to consider:
- Refusal won’t prevent arrest if officers have other evidence
- Officers may interpret your refusal as a sign of guilt
- Performance on these tests is subjective at best
- Medical conditions, age, and even your footwear can affect results
The decision isn’t always straightforward. It depends on your specific situation.
Chemical Testing Laws Vary
Chemical tests are different animals entirely. Breathalyzers, blood tests, and urine tests measure your blood alcohol concentration directly. They’re not subjective observations. Many states have implied consent laws, which means you agreed to chemical testing when you received your driver’s license. Refusing a chemical test typically results in automatic license suspension. This happens even if you’re never convicted of DUI. The suspension period for refusal sometimes exceeds the penalty for a first-time DUI conviction. Some states also allow prosecutors to mention your refusal at trial, which doesn’t help your case.
Can You Turn Around Before A Checkpoint
Yes, you can legally turn around to avoid a checkpoint. But you can’t break any traffic laws while doing so. An illegal U-turn, failure to signal, or turning from the wrong lane justifies officers to pull you over. Then you’re in a worse position than if you’d just gone through the checkpoint. Police often position checkpoints strategically. They limit opportunities to turn around legally. Officers also watch for vehicles that suddenly change direction. That behavior alone can create reasonable suspicion for a stop.
What Happens If You’re Detained
If officers suspect impairment, they’ll move your vehicle to a secondary screening area. This detention requires reasonable suspicion based on observable facts. Alcohol odor, slurred speech, bloodshot eyes, or admission of drinking all count. They can’t detain you on a hunch. During secondary screening, officers may request field sobriety tests and preliminary breath tests. An arrest requires probable cause, though. Officers need sufficient evidence that you were driving while impaired. That’s a higher standard than reasonable suspicion.
Protecting Your Rights
Understanding your rights helps you make informed decisions during a checkpoint stop. Stay calm. Be courteous. But don’t feel obligated to volunteer information that could work against you later. If you’re arrested, exercise your right to remain silent and request legal representation immediately. Don’t try to talk your way out of the situation. Checkpoint procedures vary by state, and violations of proper protocol can affect the validity of charges against you. An attorney can examine whether officers followed required procedures and whether your constitutional rights were protected during the stop.
