What Are My Rights at a Sobriety Checkpoint?


Sobriety checkpoints, also known as DUI checkpoints, are meant to deter motorists from driving under the influence of alcohol. Although police do not need probable cause to pull you over at a checkpoint, each stop must be done randomly. To ensure these checkpoints are legal, law enforcement officers must follow certain guidelines. You should also fully understand your rights, so continue reading to learn more about sobriety checkpoints.

Understanding Your Rights

Sobriety checkpoints cannot be set up without notice. For it to be legal, law enforcement is required to provide notice about a week ahead of time, so motorists are aware. They must also provide visible signs on the road, informing you of a checkpoint up ahead.

It is important to note that you are not required to drive through a sobriety checkpoint if you do not wish to. However, if you wish to turn around or otherwise avoid it, you must do so while being in compliance with the rules of the road. If you drive unsafely or break the law, a police officer can stop you despite your attempts to avoid the checkpoint.

If an officer pulls you over at a checkpoint, you will be likely be asked to show your driver’s license as well as a series of questions. If you have slurred speech or other signs of intoxication, you may be asked to perform field sobriety tests. If asked to perform field sobriety tests, chances are the officer is already prepared to arrest you. You can politely decline to take these tests to avoid providing more evidence for the prosecution. However, due to implied consent laws, you must submit to a chemical test, such as a blood or breath test. Remember, you have the right to remain silent, so never say anything that may potentially harm you in court.

Contact Our Law Office to Secure the Assistance of an Experienced Criminal Defense Attorney!

If you are facing DUI charges, the team at Sutton & Janelle, PLLC can provide the exceptional representation and guidance you need during this overwhelming experience. Many often feel resigned to defeat under these circumstances, but you should know that with our team on your side, you will have a chance at putting this incident behind you or minimizing the penalties you may face. With more than 70 years of combined legal experience, you can trust that our team will do what we can to ensure the best possible results.

Reach out to our law office today at (304) 867-0049 to speak to one of our trusted criminal defense attorneys about the details of your DUI case.

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