These are also known as sobriety checkpoints. This is a brief detention developed by police for the purpose of investigating and evaluating passing motorists for drunk driving. These roadblocks on public roadways do not only give the police the chance to check tags and licenses or peer into the vehicle for a moment, they also give them an opportunity to whiff the driver’s breath. It is determined by a policy-making official with logical reasons.
The police closely monitor the cars approaching a DUI checkpoint, so if you are guilty of a DUI, then you might be on the wrong side of the law. The State courts permit Sobriety checkpoints which should be conducted properly. Impaired driving mostly occurs during holidays and weekends, so they are set in specific areas surrounding entertainment joints. The DUI checkpoints are set during hours when most people are likely to drink and be on the road – early morning, late at night or during the weekends.
What most motorists do not know is that their constitutional rights can be applied in a DUI checkpoint. The arresting police have the mandate to stop you briefly if you have a probable cause that describes you as being under the influence. It is not a must to answer and admit to what they say, you are only required to cooperate. Your attorney might want to know your response to the arrest before confessing or agreeing to a plea bargain.
The roadblocks may use drug-sniffing dogs on certain occasions. It is essential to understand that a driver’s legal rights are limited when he or she is arrested as a result of a sniffing dog – no need to waive your rights.
Law enforcement officers ought to abide by what the law permits them to do when they form DUI Checkpoints. The officer will stop your vehicle and ask you to roll down your window so that they can speak with you face to face. You will be asked to provide them with your driver’s license, proof of car insurance and registration. Other questions will follow such as your destination or where you are coming from. They will also run a background check for warrants.
The arresting officer has the few moments of interaction and conversation with the driver to determine the level of impairment. If they suspect that you are drunk, they will look for signs of intoxication:
Signs of impairment:
Smell of alcohol
Lack of coordination
If you show signs of intoxication, officer may ask to step out of the car and participate in the roadside DUI test. There are five different Field Sobriety Test that you should pass:
1) Stand on One Leg– this is done to check your balance.
2) Nystagmus– this is done to evaluate your eye movements.
3) Walk and Turn– this is done to determine your balance
4) Finger to Nose– this is done to determine your balance and concentration
5) Counting and Reciting the Alphabet– checks for concentration
If the arresting officer concludes that you did not pass the Field Sobriety Test, more than likely you will be arrested. This puts you under the implied consent rule. If an arrest warrant or search warrant is provided, then the exercise is legal.
The implied consent rule of most of the states requires you as a driver to take a chemical test. Therefore, the police officers may give you a quick breathalyzer test. If it is not available, then you will have to take a blood or urine to determine your blood alcohol concentration(BAC), in a precinct. The impairment limit for a DUI in most states is a BAC of .08 percent for adults and any traceable amounts in minors.
You will need an attorney or DUI lawyer to give you advice and help you win your case in court. Since your driving license will be suspended, you will need the help of Select Insurance Group in obtaining an SR22, which is a key requirement in the reinstatement process. They deal with high-risk drivers who have been arrested or convicted of driving under the influence and any suspension related to a traffic violation. Feel free to fill our auto quote form.