What to Expect and How to Protect Your Rights

DUI checkpoints, also known as sobriety checkpoints, are a standard method law enforcement in Virginia uses to deter and detect impaired drivers. Understanding your rights and knowing what to expect at a DUI checkpoint can help you deal with these situations effectively.

Keep reading for more information on what to expect from a checkpoint and what to do if you are arrested on suspicion of a DUI.

What to Expect at a DUI Checkpoint

At a DUI checkpoint in Virginia, you can expect to encounter a designated area where law enforcement officers stop vehicles to conduct brief investigations. During these stops, officers may ask drivers a series of questions to assess their sobriety.

Some common questions you might encounter include:

• "Have you been drinking tonight?"
• "Where are you coming from?"
• "Have you had anything to drink recently?"

Know Your Rights at a DUI Checkpoint

DUI checkpoints in Virginia are conducted based on the principle that law enforcement can briefly stop vehicles at specified locations to check for signs of impairment. To ensure their constitutionality, these checkpoints must adhere to specific requirements and protocols outlined by the law.

As a driver in Virginia, you have rights protected by the Fourth Amendment of the U.S. Constitution when facing a DUI checkpoint. These rights include:

• The right to remain silent and not incriminate yourself
• The right to refuse consent to searches of your vehicle
• Providing requested documents such as your driver's license and registration without admitting guilt

Tips for What to Do When Stopped at a DUI Checkpoint

First and foremost, stay calm and comply with lawful orders from officers. Keep your hands visible and avoid making any sudden movements.

Understand that you can refuse field sobriety tests. However, if you are later asked to take a chemical test, there are consequences to your refusal, including license suspensions.

You are also entitled to ask the officer, "Am I free to leave?" or "Am I being detained?" These questions help clarify your situation and whether you are legally obligated to stay or if you can proceed with your journey. If the officer does not have reasonable suspicion to detain you, they are generally required to let you go.

When Can an Officer Make an Arrest?

An officer can make a DUI arrest during a checkpoint stop if they have probable cause to believe that you are under the influence of drugs or alcohol while driving. Probable cause means that the officer has reasonable grounds, based on observable facts, to suspect that you are under the influence of alcohol or drugs.

Indicators of probable cause at a DUI checkpoint could include acknowledgment of consumption, the smell of alcohol on your breath, visible open containers of alcohol in your vehicle, slurred speech, bloodshot eyes, or failure to satisfactorily complete field sobriety tests. If such evidence is present, the officer may initiate an arrest.

If detained or facing DUI charges, seek immediate assistance from a qualified DUI defense attorney. Remember, contacting a skilled DUI defense attorney, like me, can provide you with valuable guidance and support if you are arrested on suspicion of a DUI at a checkpoint.

If you find yourself in need of legal assistance after a DUI checkpoint encounter, don't hesitate to reach out to me, Andrew J. Cornick, Attorney at Law. I am here to help clients throughout the legal process.