Many driving under the influence (DUI) offenses begin with a traffic stop. Police officers see something unusual and pull a driver over to discuss the matter. What they uncovered during the traffic stop may lead them to suspect intoxication.
Other times, officers may ask that drivers submit to chemical testing following a crash. If a motorist fails a test, they could face criminal prosecution. Occasionally, drivers get arrested at DUI checkpoints, which are a common law enforcement tool utilized in Kentucky. Also known as sobriety roadblocks, these mass enforcement actions allow police officers to screen dozens of drivers over the course of a few hours.
Drivers who notice a checkpoint ahead may feel anxious. What options do drivers have when they approach the DUI checkpoint?
Motorists can avoid the checkpoint
It is legal for drivers to turn onto another road, enter a business parking lot or exit a highway as a means of avoiding a DUI checkpoint. Drivers can conduct any legal maneuver they can complete safely if they want to avoid a checkpoint. However, questionable traffic maneuvers may draw the attention of law enforcement officers and may result in a targeted traffic stop.
Motorists can limit their interactions with officers
Many drivers mitigate the risk of a DUI checkpoint by limiting how much they interact with officers. They only roll their windows down enough to communicate and do not volunteer any information beyond what is absolutely necessary. Limiting interactions with police officers and the information provided to them during an encounter can reduce the possibility of an unnecessary and unfair arrest.
People need to know and use their rights
Drivers who encounter checkpoints still have basic rights that they can assert. For example, officers interested in conducting enhanced screening after asking initial questions typically cannot force drivers to submit to breath testing.
Officers also cannot detain individuals for significant amounts of time without a viable justification for that action. Drivers can decline field sobriety testing and assert their right to leave if officers do not intend to detain or arrest them. They can also ask for legal representation and invoke their right to remain silent if officers decide to arrest them.
People facing DUI charges because of a DUI checkpoint may have different defense options than those arrested after a crash or individual traffic stop. Reviewing the circumstances surrounding a DUI charge can help drivers determine the best defense strategy given their circumstances.