Pulling up to a DUI checkpoint can be scary, especially if you had been drinking and did not expect it to be there. It is important to know what your rights are at a DUI checkpoint before you encounter this type of situation.
Your constitutional rights still apply in a DUI checkpoint situation. The police are permitted to stop you briefly, but they are not allowed to preform a search on your car unless they have probable cause, or you agree to the search. You may also refuse to preform a field sobriety test or breath test on site. Although, if you refuse either of these tests you may be arrested for suspicion of DUI.
Sometimes police bring drug-sniffing dogs to roadblock situations. If this is the case, be sure that you do not immediately waive your rights just because dogs are present. The police must follow approved procedures to legally use dogs and challenges may be available if you keep your cool.
DUI checkpoints are often closely monitored by other officers who are not performing the traffic stop. Therefore, if you see a roadblock and think you can turn around and avoid it, you are sadly mistaken. That action will just give the officer more reason to believe you are driving under the influence.
Currently, DUI checkpoints are legal in thirty-eight states with certain restrictions and parameters that must be obeyed. If you find yourself arrested due to a roadblock, contact an attorney as soon as possible. The penalties for a DUI are serious. They can affect your job, your future employment opportunities, and even your ability to travel internationally. Always speak with an experienced DUI attorney before confessing, they may be able to defend you in a way that will lessen your punishment.