Checkpoints are common. Checkpoints are also a tool used to catch people driving under the influence of alcohol or another substance. However, citizens still have rights when it comes to this testing. Learn what your rights are in the event you encounter a DUI checkpoint.
You Will Be Stopped
Should you approach a checkpoint, you should expect to be stopped, and you should also understand that the process is legal. In some instances, the police department will place signs up that notify you of the checkpoint. If you are not driving under the influence and want to avoid the stop, you do have the legal right to turn or drive in the other direction. However, you should understand that an officer might view this as suspicious behavior and pull you over for questioning as a result.
You May Deny Testing
Should you decide to continue towards the checkpoint site, you can still deny testing. You are under no obligation to submit to any field sobriety or breathalyzer test. However, it's essential that you understand that this action will also raise a red flag, especially if you are displaying any signs that you may be under the influence.
If you are charged with DUI, the officer will inform the prosecutor that you refused to submit to the test, which may hurt your case. If the officer does not suspect any alcohol or drug usage, you'll likely be let go. However, you could face further consequence if use is detected.
Checkpoint Doesn't Mean Warrant
Remember that a checkpoint does not translate into a warrant. An officer may be well within their limit to stop you and possibly ask you to commit to a test. However, whether you decide to submit to the test or not, the officer does not have a right to search your vehicle or your personal property.
Only in the event the officer smells alcohol on your breath or detects the presence of drugs in your vehicle can he or she access your car due to reasonable suspension. Although the stop is drug or alcohol related, if the officer detects any other suspicious activity, they can choose to search your vehicle.
If you or a loved one have encountered a checkpoint and you have questions about the legality of what occurred — check out a website like http://dlplawyers.com/. An attorney will review the specifics of the situation and help you with your case.Share
17 October 2018
My son and a group of his friends got in some trouble for trespassing and were arrested. Every one of the boys that were there were charged with trespassing, criminal mischief and vandalism. I contacted all of the other boys' parents and we got together to discuss the situation. After hearing the boys' stories about what happened that day, we knew that we had to hire an attorney to get the boys out of some of the trouble they were in. I have been working on my blog to help other parents that are struggling with the legal system prosecuting their kids for things that they may not have done.