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DUI checkpoints are a common way police monitor the roads for drunk drivers. While they have been deemed constitutional by the Supreme Court, DUI checkpoints are not always legal if they are carried out improperly. If you encounter a DUI checkpoint, it is important to know your legal rights and understand what to do if you are arrested for a DUI.

What Is a DUI Checkpoint?

A DUI checkpoint is sometimes referred to as a sobriety checkpoint. As part of a national initiative to curb drunk driving, many state and local police institute roadblocks to randomly stop drivers and check them for sobriety. The “random” stops generally have to follow a set pattern, agreed upon in advance. For example, the police may stop every fifth car to speak to the driver.

They Are Constitutionally Permissible

DUI checkpoints seem counter to our constitutional principles of freedom from unreasonable searches and seizures. While any other vehicular stop needs to be supported by probable cause – meaning, the police need to have a valid reason to believe that you’ve broken the law – DUI checkpoints are different. Generally, when you are in your car, you have a lower expectation of privacy than when you are in, for example, your home. In Michigan Dep’t of Police v. Sitz, the United States Supreme Court held that DUI checkpoints without reasonable suspicion do not violate the Fourth Amendment’s protection against unreasonable searches and seizures because the intrusion is comparatively “slight.”

Not all DUI checkpoints are legal, however. Some states prohibit DUI checkpoints entirely, but Arizona is not one of those states. DUI checkpoints are legal in Arizona, but they are subject to certain limitations. As discussed, they must be truly random. Police cannot use DUI checkpoints to target people for a discriminatory reason, like race or ethnicity. Finally, police cannot detain you for longer than necessary to satisfy the purpose of the stop. If you are detained at a checkpoint for an inordinate amount of time, it may still be a Fourth Amendment violation.

Your Legal Rights

Your rights at a DUI checkpoint are complicated. While you technically do not legally have to answer a police officer’s questions, any evasive action you take may cause the officer to become suspicious. Any Fourth Amendment protection against seizures goes out the window when an officer has probable cause to believe a crime is being committed, so if you exhibit behavior consistent with criminal activity, the DUI checkpoint can turn into a full-scale arrest.

Similarly, if you see a checkpoint in advance and try to make a U-turn to avoid it, while this is technically legal, an officer may spot you doing this and pull you over to question you as to why you avoided the checkpoint.

What to Do If You are Stopped at a DUI Checkpoint

Stay calm. When you are passing through a DUI checkpoint, you want to keep your emotions in check. Even if you have not been drinking, checkpoints are always stressful encounters, no matter how cordial the officer is. If you seem nervous, uncomfortable, or fidgety, you may inadvertently cause the officer to suspect that you are hiding something. Take a deep breath and answer the officer’s questions quietly and calmly, never raising your voice.

If you have passengers, keep them calm as well. Even if you have not been drinking, you should make sure that your passengers remain quiet and under control during the entire encounter. If your passengers are shouting or drinking in the backseat, not only does this violate open container laws, but it may cause the officer to believe that you are all coming from or heading to a party and raise his suspicion about you as the driver.

Have your license and registration ready. The police may ask for your license and registration at the checkpoint. By having everything on hand, you can expedite the process and allow the checkpoint to run smoothly.

Do not volunteer information. At a DUI checkpoint, the officers may ask you questions about where you are coming from, whether you’ve had anything to drink, and where you are headed. While you should be courteous and not evasive, you do not need to provide more information than necessary. Refusing to answer officers’ questions is not evidence that you were intoxicated, but ultimately, your goal should be to avoid raising officers’ suspicion

Field Sobriety Tests or BAC Tests

If an officer suspects you have been drinking, they may order you out of your car to perform a field sobriety test. Know that you may refuse a field sobriety test – you will not automatically be charged with a DUI or other crime – but by refusing the test, you are giving up your driver’s license. When you refuse, the officer can immediately take your license and suspend it for 12 months. If you have refused testing in the past, the suspension may be for up to 24 months for any further refusals. If you have previously been convicted of a DUI and have an ignition interlock device on your car, refusing testing may mean being charged with an aggravated DUI, which is a felony in Arizona.

A suspension for refusal to submit to a BAC test may be challenged on several grounds, including whether the officer had probable cause to suspect you of a DUI, or whether the officer warned you prior to your refusal that your license would be suspended.

While refusing a field sobriety test can have severe consequences, if you are eventually charged with a DUI relating to that encounter, not having the results of a sobriety test or BAC test will make it difficult for the prosecutor to prove that you were, in fact, drinking.

DUI Penalties in Arizona

Arizona has strict DUI laws. A driver’s first DUI may lead to up to ten days in jail, a $250 fine, license suspension for up to a year, and a required ignition interlock device. For each additional DUI offense, the penalties continue to increase. For extreme or super extreme DUI’s the penalties are more severe than a standard DUI. Finally, aggravated DUI’s, which is a DUI with certain aggravating circumstances, is a felony and can carry serious prison time and fines.

Drivers who are under the age of 21 are subject to a zero-tolerance policy, which means they are committing a DUI if they drive a vehicle with any amount of alcohol in their system

Have You Been Arrested at a DUI Checkpoint?

If you were arrested at a DUI checkpoint and charged with a DUI, you should speak with an attorney right away. A DUI can be difficult to defend by yourself, but an experienced attorney may review your case and determine if there are any challenges you can raise related to the legality of the DUI checkpoint itself, your stop, your treatment at the stop, the field sobriety testing or BAC testing, or any other aspect of your stop and arrest. When evidence is obtained through unlawful means, such as an illegal DUI checkpoint detention, your attorney may be able to suppress that evidence so it cannot be used against you at trial. Speak with an experienced lawyer as soon as possible for your best chance at defending against your DUI charge.