What Is a DUI Checkpoint?

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A DUI checkpoint is a way for law enforcement officers to screen drivers and look for those who are under the influence of alcohol. Usually, you will see DUI checkpoints during holidays and weekends when people are more likely to drink and drive.

DUI checkpoint requirements are pretty standard across the United States the police must provide data as to why the DUI checkpoint is in place and publish notification of the check point in advance. Some advocates of DUI checkpoints say that this deters people from drinking and driving. In all actuality it probably makes drivers just find a new route around the DUI check point so it does not always serve its purpose.

The police officers will cordon off a section of road with bright orange cones with flashing warning lights and signs. The policeusually have a pre-set pattern for stopping drivers at DUI checkpoints that they must follow in order to be fair. For example, the police will interview every third person who drives up to the checkpoint.

Courts have ruled that police officers can stop an individual for attempting to avoid a DUI checkpoint. If the police see signs of intoxication, a driver can be asked to perform field sobriety tests and provide blood or breath samples at a DUI checkpoints. When you reach the checkpoint you have the right to not answer any of the police officer’s questions. You do not have the right to avoid a breathalyzer test and/or blood test and will likely have your license suspended if you refuse to cooperate.

The way that a DUI checkpoint works is that a police officer will stop cars at the checkpoint according to a preset pattern and talk to the driver of the car. Then, the driver will be asked to provide their driver’s license or identification card. If the police officer thinks that the driver has been drinking then he can perform a road side sobriety test on the driver. If the driver cannot successful complete the roadside sobriety test then they are asked to take a breathalyzer test. If they fail the breathalyzer test then they will be detained by the police and be placed under arrest or released to a sober person, released and served a summons by mail.

Many people have said that DUI checkpoints should be illegal because the checkpoints violate a person’s fourth amendment rights. The fourth amendment says that people cannot be subject to search or seizure without probable cause. The police officers do not have probable cause to stop you and talk to you. However, the Courts have ruled that as long as the police treat everyone equally at a checkpoint it does not violate the U.S. Constitution.

Most who support the use of DUI check points say that too many people who Drive Under The Influence go undetected. DUI checkpoints can act as a deterrent and catch those driving under the influence but the checkpoints are only temporary and are not for more than a short period of time.

If you are ever at a DUI checkpoint then you need to know your rights. You can refuse a breathalyzer and a blood test if you feel like it is the right thing for you to do, however, be aware that this will likely result in a driver's license suspension and may not stop you from being charged with DUI.

 

 

 

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