Driving under the influence of drugs and alcohol can lead to dire consequences. As a result, law enforcement is particularly strict about drunk driving.
For drivers, the cost of a DUI conviction can be life-changing, with penalties ranging from steep monetary fines to years of jail time. If you show obvious signs of intoxication or fail a blood alcohol content test, you may be arrested at a DUI checkpoint.
However, DUI checkpoints must be set up and operated within certain legal limits. In this article, you’ll learn what to expect at a DUI checkpoint, what you can legally refuse, and how a DUI lawyer can help if you’re facing charges.
What to Expect at a DUI Checkpoint
Police set up these checkpoints to deter the habit of driving under the influence and prevent DUI accidents before they happen. At these checkpoints, police usually stop drivers, ask questions, and conduct sobriety tests.
Many assume that DUI checkpoints are only about alcohol. But officers can also set up checkpoints to catch drivers under the influence of drugs, including marijuana or prescription medication. Additionally, police can construct checkpoints to ensure drivers are licensed and have proper registration.
When stopped at a checkpoint, you can expect the officer to want to know your name and see your driver’s license and car registration. The officer may also ask a few questions while observing you for signs of impairment, such as slurred speech, bloodshot eyes, or wobbling.
How you conduct yourself at the checkpoint matters. It can result in a quick pass or more trouble for you even if you aren’t driving drunk. It’s important to cooperate with the officers when stopped. Roll down the window, put your hands where they’re visible, and stay calm. Provide your license, registration, or insurance information if the officer asks for it.
However, while cooperating with the checkpoint officer is important, you don’t have to agree to every request. That brings us to what you can legally refuse when stopped at a DUI checkpoint.
Your Legal Rights at a DUI Checkpoint
You should never drive while drunk as it endangers lives. However, if you encounter a DUI checkpoint, your rights should be respected. Here are a few key things to remember when facing drunk driving screening.
- Right to Avoid the Checkpoint
You are not legally required to go through a checkpoint. If you spot one ahead, you can choose to turn around before reaching the location. However, make sure any turn you make is legal. A sudden U-turn or wrong traffic maneuver can attract police attention and potentially get you into trouble.
- Right Against Unreasonable Searches
Police shouldn’t conduct a search on you or your car without your permission or a valid reason. However, they can search you if they have a warrant, see an open container of alcohol, or you exhibit suspicious behavior.
- Right to Remain Silent
You can choose to remain silent at a DUI checkpoint. This is important because anything you say or do can be used against you in court. If you prefer not to answer questions, politely tell the officer that you wish to consult your lawyer first.
As long as you provide your license and show no obvious signs of impairment, silence alone isn’t grounds for DUI arrests.
- Right to Refuse Sobriety Tests
Depending on your behavior and the officer’s observation, you may be asked to take a breath test, field sobriety test, or chemical test. Police use these tests to determine if you are driving while drunk. However, you don’t have to agree to these tests before an arrest.
What Happens After a DUI Arrest?
The police should let you go if there are no issues. However, they will likely arrest you if they believe you are driving under the influence.
The DUI arrest process works similarly to the routine traffic stop. The officer will read you your Miranda Rights, handcuff you, and take you into custody. Meanwhile, your car will be towed to an impound lot.
At this point, submitting to chemical tests to determine your blood alcohol concentration becomes mandatory. Refusing these tests can result in an automatic suspension of your driver’s license and may complicate your situation further.
Once arrested, you’ll be arraigned in court to hear the formal DUI charges against you.
If you’re arrested at a DUI checkpoint, it’s important to contact an experienced lawyer immediately. Also, avoid answering any questions about your drinking until you have consulted your lawyer.
Legal Defenses Against DUI Charges
In New York, drivers convicted of DUI can face more than $10,000 in fines and penalties, over a year of license suspension, and up to seven years of jail time. However, being charged with a DUI doesn’t automatically mean you’ll be convicted. There are several possible defenses you can explore with your attorney, including:
- Challenging the Checkpoint’s Legality
For a DUI checkpoint to be deemed valid, it must conform to certain legal guidelines. For example, it must be set up with a specific purpose and respect drivers’ privacy.
Additionally, the police must use a fair formula to determine the cars to stop, inform drivers about the checkpoint in advance, and provide adequate safety measures.
If a checkpoint doesn’t meet these standards, your lawyer can challenge its legality and possibly get your DUI charges dropped.
- Arguing Against Sobriety Test Results
The devices used for measuring blood alcohol content aren’t foolproof. They must be properly maintained and calibrated to ensure accurate readings. In some cases, the officer may not have used the device properly.
If there is evidence that the device was faulty or improperly used, your lawyer can argue the test results are unreliable and weaken the prosecution’s charges.
- Highlighting Medical Conditions
Your medical condition can provide a basis for your defense when facing drunk driving charges. Conditions like diabetes or acid reflux can result in high blood alcohol content readings, even if the driver hasn’t consumed alcohol.
If you have a medical condition that could affect DUI test results, your lawyer may use this to defend you against the charges.
How to Fight and Beat DUI Charges
While DUI charges are serious, they don’t always lead to convictions. Faulty equipment, unlawful checkpoints, and improper police conduct can be key factors in your defense.
If you’re facing DUI charges, consult an experienced DUI attorney as soon as possible. A skilled attorney can protect your rights and potentially ensure your charges are reduced or dismissed.
Sources
- https://www.forbes.com/advisor/legal/dui/new-york-dui-laws
- https://www.superlawyers.com/resources/dui-dwi/dui-checkpoints-understand-the-law-and-your-legal-rights
- https://patch.com/new-york/brooklyn/brooklyn-has-2nd-most-dui-crashes-state-study-finds
- https://troopers.ny.gov/impaired-driving
- https://www.dwilawyer-ny-nj.com/blog/what-are-my-rights-at-a-sobriety-checkpoint
- https://www.brewsterlaw.com/blog/2023/september/6-defenses-against-a-dui-charge
- https://www.southernoregondefense.com/blog/2023/october/common-defenses-against-dui-charges
