DUI checkpoints have long been used to screen and catch drivers driving while over the legal blood alcohol content limit. However, it does not mean you have no legal recourse if you’re arrested. There are many avenues you can use to defend your rights. It starts with knowing your rights and having an experienced DUI defense attorney.
With the above in mind, let’s delve into the legality of DUI checkpoints, what to expect, and how to protect your rights.
Understanding the Legality of DUI Checkpoints
Explanation of DUI Checkpoints
DUI checkpoints, also known as sobriety tests, are temporary roadblocks that law enforcement officers establish to screen drivers for driving under the influence offenses. They are typically used to deter drunk driving.
Legal Basis for DUI Checkpoints
DUI checkpoints are legal under the federal law. In the 1990 case, Michigan Dept. of State Police v. Sitz, the U.S. Supreme Court ruled that the checkpoints were permissible, arguing that the government has a serious and legitimate interest in preventing driving under the influence.
Moreover, the court argued that the brief stop that drivers are subjected to and the intrusion from the stop was minor. In a balancing act, the court found the government’s interest in stopping DUI outweighed the individual driver’s liberties as enshrined under the Fourth Amendment of the United States Constitution, deeming DUI checkpoints legal under the federal constitution.
That being said, a checkpoint must follow clear guidelines to be deemed legal, including:
- Law enforcement officers must notify the public of the checkpoints ahead of time
- The checkpoint should be established at a reasonable time and location
- Supervising police officers should oversee the checkpoints
- Stopping motorists must follow a neutral criteria
State Laws and Variations
While DUI checkpoints are by and large legal at the federal level, not all states consider the stops legal or use them to screen and catch drunk driving. In fact, only 38 states have permitted the use of DUI checkpoints, and 12 do not, including Texas and Alaska.
Minnesota, Idaho, and Iowa deem DUI checkpoints as illegal through case law. Montana does not use DUI checkpoints. However, law enforcement officers in Montana implement other safety roadblocks that allow them to conduct DUI checks.
Section 2: What to Expect at a DUI Checkpoint
Initial Approach
To establish the checkpoint, the law enforcement officers must announce that they will setup the DUI checkpoint at a given place like this example (which is usually at night during the weekends and holidays). They must provide a logical reason for creating the roadblock at that particular location, typically local roads.
Thereafter, the supervising officials must establish the procedures to use. Typically, the drivers using the road with the checkpoint are asked to pull up and stop at the roadblock that has law enforcement warning lights. For the checkpoint to be legal, all drivers must stand an equal chance to undergo checks. For instance, law enforcement officers can choose to stop every 10th car.
You should note that while the focus of a sobriety checkpoint is to screen drunk or drugged driving, law enforcement officers can still cite for other traffic violations, including expired license plates, not using seat belts, etc.
Officer Interaction
During the check, the officer will ask the driver to roll their window down and answer questions regarding their sobriety. The officer will typically ask for your license, registration, and proof of insurance from the driver.
Ideally, the stop should be brief, but it can take longer if the officer believes the driver is intoxicated. The officer will also ask the driver if they’re drunk or not. If the law enforcement officer notices evidence of DUI, they may ask to take a breathalyzer test of complete a field sobriety test.
Field Sobriety Tests and Breathalyzers
While the DUI checkpoint will stop cars randomly, not every stop will lead to a sobriety or breathalyzer test. The law enforcement officer will need reasonable grounds to ask to perform a sobriety test.
Some of the signs of impairment that the office looks for include the following:
- Impaired alertness
- Issues with speeding and braking
- Steering problems
- General impaired judgment
- Smelling alcohol in your breath
When you exhibit such telltale signs of drunk driving, the officer may detain you for further investigations, including a field sobriety test or breathalyzer test.
Section 3: Protecting Your Rights at a DUI Checkpoint
Right to Remain Silent
While DUIs are legal, they are not considered as custodial interrogations. As such, the police office may not read you your Miranda warning. Nonetheless, you have a constitutional right against incriminating yourself. You can exercise this right by politely and firmly refusing to answer the officer’s questions, especially if they ask you whether you’ve been drinking or using drugs.
Right to Refuse Searches
Aside from your right against self-incrimination, you can refuse to grant law enforcement officers consent to search your vehicle. Police officers do not have a right to search your car if they don’t consent or probable cause, even at DUI checkpoints. Probable cause is where the police have reasonable evidence that you committed a crime. To this end, they use drug dogs to sniff your car.
If they do not have any probable cause, they require your consent to search your vehicle, which you can deny them.
Handling Field Sobriety Tests and Breathalyzers
Under Tennessee law, TCA Title 55, Chapter 10, Part Four, drivers using state roads are considered to have consented to perform field sobriety tests. However, the same law requires law enforcement officers to ask the arrestee to submit to the test they need to ascertain that a DUI offense has been committed. They cannot force you to submit to the test.
Suppose you refuse to submit to the test. In that case, you are automatically considered to violate the Implied Consent Law, which may result in an administrative loss of your driving license for a year or two. You should also note that law enforcement officers can still apply for a search warrant to have the test performed.
Recording the Encounter
Tennessee is a “One Party” consent state. As long as you consented to recoding your interaction with law enforcement officers, you are within your legal rights to record the interaction with law enforcement officers. It’s vital to record your interaction with police officers to ensure you have an accurate record from your own perspective.
Section 4: Steps to Take if You Are Arrested at a DUI Checkpoint
DU checkpoints or nay interaction with law enforcement officers can be a nervy experience. However, staying calm and cooperative at all times is essential. Since they will ask for your license, restoration, and insurance, ensure you provide the requested documents in a calm manner.
If you choose to answer their questions, do so truthfully and succinctly. And when arrested, remain calm and cooperative.
Requesting Legal Representation
The laws regarding DUI checkpoints and DUI arrests are complex. You need competent legal representation as soon as you’re arrested. As such, you should prioritize requesting an attorney. A DUI attorney will guide you through all the legal processes and protect your rights.
Importantly, they will work to achieve the best possible results and outcomes for you. Whether it’s representing you in court or negotiating with the prosecutor for a reduced charge, you need an experience DUI lawyer to guide and handle your case.
Documenting the Incident
Aside from requesting legal representation, you should also document everything as soon as possible. It’s important you document the location of the DUI checkpoint, the officer’s name, and all of the relevant details pertaining to the checkpoint and your arrest.
Section 5: Legal Recourse and Defense Strategies
Challenging the Legality of the Checkpoint
While DUI checkpoints are legal in Tennessee, they must check a number of boxes to be considered legal. Otherwise, any evidence collected from the checkpoint is inadmissible in court.
With this in mind, you can challenge the legality of the checkpoint by questioning its setup (was it improperly set up), lack of public notices, and other issues.
Questioning the Conduct of Officers
You can also question and challenge the conduct of the police officers during the checkpoint. Did they contravene your right during the stop? For instance, did the officers search your vehicle without your consent? Did they apply Implied Consent without notifying them of the consequences of submitting to the test?
Using Evidence to Your Advantage
As mentioned above, you need to document the DUI checkpoint and arrest as much as you can. The documented evidence, be it a video recording or witness statement, will play a huge role in bringing to light any rights violations or procedures violations on the part of the officers.
Call Nash Law Today if You Were Stopped at a DUI Checkpoint and Charged With a DUI
DUI checkpoints have been established as legal under federal and state law in Tennessee. They are performed to screen drunk or drugged driving. As such, aside from typical questions officers use during typical traffic stops, you can expect to be questioned about sobriety.
With this in mind, you should know your rights. Knowing your rights ensures you can avoid self-incrimination and protect your overall rights. We also encourage our readers to contact a competent attorney as soon as possible if they are arrested at a DUI checkpoint. You need an experienced hand to guide you through this legal process.
If you’ve been arrested at a DUI checkpoint or you’re facing a DUI legal issue, look no further than Nash Law in Nashville, TN. We are the experienced attorney you need to hold your hand while fighting a DUI case.
Call Us Today at 615-NASH-LAW!
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