February 21, 2025 | DUI
If you’re stopped at a DUI checkpoint, it’s easy to feel stressed or uneasy, especially if you’re not sure what your rights are. Law enforcement may set these checkpoints up randomly, stopping drivers to check for signs of intoxication. However, it’s important to know that you have specific legal rights in these encounters. Knowing what the police can (and cannot) do could be crucial in protecting yourself and your interests as a potential defendant.
Definition and Explanation of DUI Checkpoints
A DUI checkpoint is a designated spot on a public road where law enforcement officers systematically stop drivers to check for signs of impaired driving. Instead of pulling over individual cars for specific wrongdoing, officers briefly detain some of the vehicles passing through to check for drivers driving under the influence.
What Officers Look For
Officers at a DUI checkpoint typically watch for obvious signs of impairment, like slurred speech, alcohol odors, or bloodshot eyes. They may also review license and registration, and if they suspect a driver might be intoxicated, they’ll ask that person to pull aside for a more thorough investigation or a field sobriety test.
Legal Basis for DUI Checkpoints
Although DUI checkpoints may seem intrusive, courts have largely upheld their legality. The U.S. Supreme Court and Indiana state courts have ruled that the public safety interest in preventing drunk driving outweighs individual inconvenience.
As a result, states can legally conduct these checkpoints, provided they follow certain procedures that protect drivers’ constitutional rights, such as selecting checkpoint locations based on data and using neutral criteria to stop motorists.
Your Rights Regarding DUI Checkpoints
When you approach a DUI checkpoint, it’s essential to know your rights so you can ensure the stop remains fair and lawful. Here’s what you need to know:
The Right to Not Be Stopped for an Unreasonable Amount of Time
Officers can only keep you at a DUI checkpoint long enough to confirm whether you’re driving under the influence. The stop should remain brief unless there’s a legitimate reason to extend it – like suspicious smells, visible contraband, or a driver’s admission of drinking. Officers prolonging the stop without valid cause may violate your Fourth Amendment rights against unreasonable searches and seizures.
Right to Refuse to Answer Questions
Except for giving basic information (like your name, address, license, and registration), you don’t have to answer questions about where you’re headed or whether you’ve been drinking. You have the right to remain silent. By remaining polite and declining to answer further questions, you protect yourself from accidentally saying something that could be used against you in court.
Right to Refuse Field Sobriety Tests
Many checkpoints employ field sobriety tests (FSTs) like walking in a straight line or standing on one leg. You’re allowed to refuse these tests, though an officer who suspects impairment may still ask you to take a breathalyzer. While you’re allowed to refuse the breathalyzer as well, this will likely lead to an immediate license suspension because of the state’s implied consent laws.
Right to Refuse Vehicle Search
Police usually can’t search your car without your consent or probable cause to believe you’re committing a crime. If an officer asks to inspect your vehicle, you have the right to say no – unless they present evidence to justify the search or you’re already under arrest.
Right to Avoid the Checkpoint
It isn’t illegal to turn around or go a different way to avoid a DUI checkpoint, as long as you do it safely and don’t break any traffic laws in the process. If officers have a reasonable suspicion about poor driving or clear traffic violations while you’re attempting to avoid the checkpoint, you may still be stopped for further investigation.
Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000
Indianapolis, In 46204
(317) 759-2599
