FAQS About DUI Checkpoints

Catch up on some important sobriety checkpoint facts by reading these frequently asked questions and answers!

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

What is a DUI checkpoint?

A DUI checkpoint is more appropriately called a sobriety checkpoint, since that is the umbrella purpose. They are tools intended to check a person’s sobriety to ensure they are not driving under the influence of drugs or alcohol. Sobriety checkpoints are controlled and conducted by law enforcement, and can be set up on any public roadway or intersection in the city.

Where are DUI Checkpoints?

In many cases, there is more than one DUI checkpoint underway at one time, and they can be spread all over different parts of the city. You can never know where they will pop up, as their locations and times are chosen at random under the discretion of local law enforcement agencies. Generally, they are put into action on regular weekends, or during busy events like festivals, parades, races, game days, concerts, and more.

Are DUI Checkpoints Legal?

Many drivers think they do not have to stop at a DUI checkpoint, or that they can refuse to roll down their window and talk to police due to their rights protected by the 4th Amendment. But in 1990, the United States Supreme Court affirmed that sobriety checkpoints do not violate our right against unreasonable search and seizure. This means that DUI checkpoints are legal, and furthermore, mandatory by law for anyone who has a drivers’ license. However, law enforcement is legally obligated to adhere to strict criteria to ensure safety and legality standards are met.

Do I Have to Take a Sobriety Test?

You do not have to take a field sobriety test, as they are not mandatory by law; however, chemical tests are different. Indiana is an implied consent state, which means that by having a drivers’ license you automatically consent to chemical testing (breath, urine, or blood). If you refuse to take a chemical test, you will automatically lose your driving privileges for one year. And you will still go to jail and face criminal charges.

What Rights Do I Have at a Sobriety Stop?

If you pull up to a sobriety checkpoint, your rights are the same as they would be with any other routine traffic stop. You are required to cooperate with law enforcement, and give them your name, drivers’ license, and registration. You do, however, have the right to remain silent. You don’t have to answer additional questions outside of your name, address, and driving documents. You should not offer more information than you need to, and never admit to guilt.

What Do I Do if I Am Facing DUI Charges?

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for aggressive DUI criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor criminal charges by calling David E. Lewis, Attorney at Law, today!