The last thing you anticipate when driving down the road at night is to come across brake lights. However, as you get closer, you may be dismayed to find that there is a police checkpoint further up the road. Unfortunately, you may discover that this is a DUI checkpoint, and if you’re unfamiliar with your rights, you can find yourself in legal trouble even if you’re completely sober. As such, the following blog explores what you should know about these complicated matters, including the importance of working with a DUI lawyer in Montgomery County, PA, to help you fight against these charges.
What Is a DUI Checkpoint, and Are These Legal?
While some states’ individual supreme courts have ruled that sobriety checkpoints are unconstitutional as they violate the Fourth Amendment right to protection against unreasonable searches and seizures, other states have determined that these are perfectly legal, as the benefit of keeping others on the road safe outweighs the inconvenience to other drivers.
Essentially, a DUI checkpoint occurs when the police set up a roadblock requiring all drivers to stop and provide identification. During the stop, the police will look for signs of intoxication, and if they have reason to believe the driver is under the influence, they will instruct them to the side of the road for further testing. Drivers who police do not believe are under the influence are free to proceed through the checkpoint. To ensure this checkpoint is fair, all vehicles are required to stop.
Do I Have Any Rights At a Checkpoint?
Generally, one of the most important rights you have when going through a DUI checkpoint is the right to remain silent. When approaching the checkpoint and speaking to the officer, they will likely request your license, registration, and proof of insurance. You are legally required to provide this information to the officer. However, if they ask questions, such as how much you’ve been drinking, you should inform the officer that you are invoking your right to remain silent. This is not illegal, nor is it an arrestable offense. As such, if you are detained or arrested because you exercised this right, you should contact an experienced attorney as soon as possible.
However, if you are asked to perform a breathalyzer, you should note that under the implied consent law in Pennsylvania, you are required to submit to testing. Failure to do so can result in the suspension of your driver’s license for at least 12 months.
You should also know that you are within your rights to make any legal turns necessary to avoid going through the checkpoint, whether this is turning down a side street or making a legal U-turn. However, you should note that turning too closely to the checkpoint could raise suspicion of an officer posted at the checkpoint, leading to you being pulled over. However, unless you violate the law in some manner, they cannot simply stop your vehicle for turning before the checkpoint. Additionally, you should note that all DUI checkpoints must be announced in advance, so you may make plans to avoid the area while the stop is ongoing.
As you can see, DUI checkpoints can be incredibly difficult to navigate. That is why it’s critical to connect with an experienced attorney with Mudrick & Zucker, P.C. to help you through these complicated matters.
