Each year, a number of people are arrested on suspicion of drunk driving in Pennsylvania and throughout the U.S. The state’s Department of Transportation reports that more than 52,600 people were arrested on DUI charges in 2014 alone.
For some, these arrests came after being stopped at DUI checkpoints. Drunk driving charges carry serious consequences, including potential jail time and significant fines. In order to ensure you are protected from an undeserved arrest, it behooves you to understand your rights when you are stopped at such checkpoints.
Typically, the first thing law enforcement agents do at such checkpoints is approach vehicles as they are stopped and question the drivers. Like others in this situation, you may feel obligated to answer the officers’ questions. However, doing so may incriminate yourself or give them cause to investigate further. At DUI checkpoints, you have a legal right to refuse to talk with law enforcement. Instead, you may choose to present them with a card indicating that you wish to exercise your constitutional rights.
If the authorities suspect you of driving under the influence, they may ask you to perform field sobriety tests. In the majority of cases, these tests are used to prove that you are intoxicated, not that you should be allowed to go on your way. Since these tests are potentially incriminating, it is important to understand that they are generally voluntary.
Therefore, you do not have to perform them, even though law enforcement agents may neglect to inform you of your right to refuse. Not performing roadside tests will not guarantee, however, that you will not be arrested for suspected DUI.
Like many Pennsylvania motorists, you may be confused about your rights when it comes to chemical testing. Before you have been placed under arrest, you are generally able to refuse preliminary breath tests. However, once you have been taken into custody, refusing a breath test, or other chemical test, could result in additional penalties.
This post has provided an overview of your rights when stopped at DUI checkpoints. It is helpful to keep in mind, however, that each case is unique. As such, you should not take this as legal advice, and instead consider it only as general information.
What to Expect at a DUI Checkpoint
When approaching a DUI checkpoint, it’s essential to know what to expect. A DUI checkpoint is a well-marked, stationary roadblock conducted by law enforcement agencies to check for driver intoxication. Police officers will make brief, suspicionless stops to check for signs of impairment using a predetermined objective standard. You can expect to be asked for your driver’s license, registration, and proof of insurance. If the officer suspects you may be impaired, they may ask you to take a field sobriety test or a preliminary breath test (PBT).
Are DUI Checkpoints Legal in Pennsylvania?
Yes, DUI checkpoints are legal in Pennsylvania. The Supreme Court has ruled that sobriety checkpoints are constitutional, and Pennsylvania law allows law enforcement agencies to conduct DUI checkpoints. However, these checkpoints must follow strict guidelines to ensure they are conducted fairly and without targeting specific groups or individuals. The five requirements for a DUI checkpoint in Pennsylvania include being well-marked, conducted for a limited time, situated in a neutral location, not targeting a specific group, and not targeting a specific type of vehicle.
Your Rights at a DUI Checkpoint
At a DUI checkpoint, you have certain rights that must be respected by law enforcement officials. You have the right to refuse a field sobriety test or a PBT. You also have the right to politely refuse to answer any questions beyond providing your name, license, registration, and proof of insurance. Additionally, you have the right to request a lawyer and know the reason for the stop. It’s essential to remember that you should not volunteer information, as you can incriminate yourself by answering questions.
How to Handle a DUI Checkpoint Stop
If you are stopped at a DUI checkpoint, it’s crucial to handle the situation calmly and respectfully. When approached by a police officer, provide your driver’s license, registration, and proof of insurance as requested. If asked to take a field sobriety test or a PBT, you can refuse, but be aware that this may lead to further investigation. If you are arrested for DUI, you have the right to request a lawyer and remain silent. It’s also essential to remember that you cannot refuse a chemical test at the police station, as this is required under Pennsylvania’s implied consent law.
Challenging the Legality of a DUI Checkpoint
If you are charged with DUI after a checkpoint stop, you may be able to challenge the legality of the checkpoint. The burden is on law enforcement to show that the checkpoint was legal under Pennsylvania law. An experienced DUI defense attorney can help you challenge the checkpoint’s legality by examining the circumstances surrounding the stop and ensuring that the checkpoint meets the required guidelines. If the checkpoint was not conducted legally, any evidence obtained may be suppressed, potentially leading to the dismissal of your DUI charges.
Why Rubin, Glickman, Steinberg & Gifford P.C. Is Your Trusted Partner for DUI Defense
Facing DUI charges after a checkpoint can be daunting, but at Rubin, Glickman, Steinberg & Gifford P.C., we bring over 65 years of experience to your defense. Recognized by U.S. News & World Report and Pennsylvania Super Lawyers, our team is dedicated to protecting your rights and challenging any evidence obtained unlawfully.
Our attorneys meticulously analyze the legality of the checkpoint and your arrest, working to suppress invalid evidence and minimize the impact of the charges. We are here to guide you through every step of the process. Contact us at (215) 822-7575 or through our contact form for a consultation about your case.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
January 29, 2025
