DUI checkpoints are not something everyone has experienced. They are typically only set up in the evening when people are more likely to drink and on popular drinking holidays. You may understandably not be familiar with DUI checkpoints and how they work, but it only takes one bad interaction with one to ruin your life.
To be safe, everyone should become familiar with what DUI checkpoints are, what they look like, and how to behave at one. If you’re arrested at one, the DUI attorney and our team at Pike Law can help.What Are DUI Checkpoints?
In Pennsylvania, a DUI checkpoint is a predetermined, fixed location where police officers can and will pull over vehicles to identify drivers who they believe are driving while under the influence. Not everyone who drives through the checkpoint will be pulled over, but when you do drive through one, it’s best to be ready to be pulled over at a moment’s notice.
How Do Police Determine Who to Pull Over?
One of the first things you should know is that if you see a DUI checkpoint ahead and try to avoid it, they may be more likely to pull you over. At the same time, as seen in Com. v. Scavello, avoiding a DUI checkpoint is not a justifiable reason to pull someone over and accuse them of being under the influence.
This means that there does have to be a good reason to pull you over at a DUI checkpoint, or they run the risk of strengthening your defense. Potential reasons for pulling you over can be you performing any illegal or potential illegal traffic maneuvers. This can include:
- Illegal U-turns
- Not using turn signals
- Reckless driving
- Sharp turns
- Disheveled/drunken appearance
Do You Have to Let Them Search Your Car?
When you are pulled over, there are a few things you are legally required to do. One is to show them your driver’s license, registration, and proof of insurance. The other is to take a breathalyzer test if asked to. Besides these two things, you do not have to consent to anything else unless the officer is attempting to arrest you with probable cause.
This means you do not have to consent to a car search, but that does not mean they will not accept your response or allow you to leave. They may look for a reason to arrest you. If this happens, do not resist and contact an attorney as soon as possible.
Do You Have to Take Field Sobriety Tests?
In Pennsylvania, both general and commercial drivers are required to take field sobriety tests when asked by police officers. By applying for, accepting licenses, and utilizing a driver’s license in Pennsylvania, you have given your implied consent to be tested by police for sobriety. It’s against the law for you to refuse.
This law applies to out-of-state drivers as well as those with licenses from other states. Driving is considered a privilege that the state allows.
This being said, this rule only applies to chemical tests like the breathalyzer. You can refuse to take other field sobriety tests such as:
- The Horizontal Gaze Nystagmus
- The Walk-and-Turn Test
- The One-Leg Stand Test
- Non-Standardized Field Sobriety Tests
You can refuse to take these tests because they have been proven to be inaccurate with some intoxicated people being able to pass them and sober people being unable to.
What Should You Do if You Are Arrested at a DUI Checkpoint?
not resist. The first chance you get, you should contact an attorney. A DUI charge can significantly impact your life. They carry a variety of consequences that other traffic violations and criminal charges do not. This includes:
- License suspension
- Jail time
- Fines
- DUI school
- Ignition interlock
- Community service
- Probation
- Alcohol Highway Safety School
- Alcohol and drug abuse counseling
Contact the Attorneys at Pike Law Today
Attorney at Law John B. Pike has been defending clients across Northeastern Pennsylvania for over 35 years. The team here has the experience to protect you from a DUI charge you received at a DUI checkpoint. Don’t let your life potentially go up in flames. Contact us today for help.
