What Are My Rights at a DUI Checkpoint?

DUI checkpoints were designed to protect drivers and pedestrians from impaired drivers. Although police officers must have probable cause to pull over a motorist, this is not necessary at a DUI checkpoint. That said, there are some requirements law enforcement must fulfill for a checkpoint to be valid.

Law enforcement must announce a DUI checkpoint about a week in advance. Generally, this information is available in newspapers, on local news stations, and on law enforcement social media channels. Moreover, valid checkpoints must be visible through signage.

Know Your Rights

If you are approaching a DUI checkpoint and wish to bypass it, you can. However, you must not disobey the rules of the road or jeopardize anyone’s safety while doing so. DUI checkpoints tend to create substantial traffic due to the random traffic stops, so no one should assume you are intoxicated simply because you want to avoid it. Of course, if your driving appears erratic, law enforcement officers may stop you as you try to turn around.

While stopped at a DUI checkpoint, an officer will ask you for your license, which you must provide. Keep in mind that driving is a privilege, so you must comply with this request. If the officer asks if you have been drinking, you are not obligated to answer. If the officer believes you are intoxicated, however, he or she may arrest you, regardless.

If the law enforcement officer asks you to perform a series of field sobriety tests, you have the right to decline this request. In many cases, when officers make this request, they are already prepared to make an arrest. Do not build up the evidence against you by complying with this request.

Additionally, every state has an implied consent law, which means you must submit to a blood test or a chemical test. Noncompliance will result in serious consequences.

Reach Out to an Aggressive Criminal Defense Attorney Today!

If you were arrested for a DUI, we understand how overwhelmed you must feel and how crucial hiring legal reputation. At Patton | Pittman, our legal team is incredibly experienced in the field of criminal defense and will help construct a solid defense on your behalf, so you can secure the best possible results for your case. A DUI conviction can result in serious consequences that will affect your life for years to come. You owe it to yourself to give your future a fighting chance.

Contact our law office today at (931) 361-4477 to arrange a free initial consultation.

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