Be Prepared for DUI Checkpoints this Memorial Day Weekend

Be Prepared for DUI Checkpoints this Memorial Day Weekend

It’s Memorial Day Weekend and the unofficial start of summer! We get a long weekend to enjoy family barbecues, pool parties, and community events. Although it should go without saying, don’t get behind the wheel if you’re buzzed, drunk, high, or intoxicated in any way.

Police will be out in full force looking for drunk drivers beginning on the Friday of Memorial Day weekend and continuing until late Monday night.

Whether you’ve been drinking or not, it’s important to know what to expect at a DUI checkpoint.

Click image to enlarge.

What is a DUI Checkpoint?

A DUI checkpoint is a law enforcement procedure wherein police officers systematically stop vehicles at selected locations to briefly observe drivers for behaviors normally associated with alcohol or drugs. Its primary purpose is to allow law enforcement to identify impaired drivers through screening and sobriety tests, and in the long run, prevent drunk driving.

Are DUI Checkpoints Legal?

DUI checkpoints are legal in Pennsylvania as long as they are conducted properly. For a DUI checkpoint to be considered legal, the police must follow certain requirements that were created to provide minimal intrusion into a person’s reasonable expectation of privacy.

In PA, there are 5 requirements that must be at any DUI checkpoint:

1

The stop must be brief and must not include a physical search.
2

There must be sufficient warning of the checkpoint.
3

The decision to conduct a checkpoint must have prior administrative approval.
4

The choice of time and place for the checkpoint must be based on local experience as to where and when intoxicated drivers are likely to by driving.
5

The decision as to which vehicles to stop must be established by an administratively pre-fixed, objective, and random standards, and must not be left to the discretion of the police.

What Are My Rights at a DUI Checkpoint?

If you are stopped at a DUI checkpoint you have rights:

You have the right to lawfully avoid a DUI checkpoint.
Under PA law, you may make a legal U-turn or turn off onto a side road to avoid a DUI checkpoint as long as you’re making a legal driving maneuver and operating your vehicle in a normal manner. You cannot be stopped unless the officer has a valid reason for stopping you, such as for a broken taillight or if you are driving erratically. They cannot pursue you simply for avoiding the checkpoint.
You have the right to decline to answer additional questions.
You are under no legal obligation to answer any questions beyond your name and address along with information about your license, registration, and insurance. If you are asked any additional questions, such as where you’ve been or what’ve you been doing, it is your legal right to politely decline to answer. In addition, do not volunteer any information as you may inadvertently incriminate yourself.
You have the right to decline sobriety tests at the checkpoint.
You are not required to submit to a field sobriety test or a preliminary breath test at a DUI checkpoint in PA. However, if you are arrested on suspicion of DUI and taken into police custody, you do not have the same rights. At this point, refusal to submit to chemical testing, whether by breath, urine or blood will result in the suspension of a driver’s license for 12 months in Pennsylvania whether you are convicted of a DUI or not. It is the officer’s duty to make you aware of the license suspension if you refuse the test.

What Happens at a DUI Checkpoint?

If you are stopped at a DUI checkpoint in Pennsylvania, you must open your window to speak with the law enforcement officer. You will be asked to provide your driver’s license, registration, and insurance information. You must comply with these requests. The officer may ask if you’ve been drinking. If you answer yes, or if the officer detects the odor of alcohol, you may be asked to perform field sobriety tests.

Being stopped and arrested at a DUI checkpoint can be devastating. If you are facing charges, you need an experienced DUI attorney to determine whether the checkpoint was conducted legally, and your rights were upheld.

Wishing You a Happy Memorial Day!

Keith J. Williams Law understands that, when faced with getting home after a night of drinking, some people choose the seemingly most convenient option of driving themselves. If you or a loved one is charged with DUI this Memorial day Weekend, know that Keith J. Williams is here to provide an affordable, judgment-free legal defense.

Call Now for DUI Defense: 215-340-1134