You’re driving along at 2 am, vibin’ (or as we used to say, rockin’ out) to the radio, when suddenly up ahead you see flashing lights and guys in uniforms stopping cars. Congratulations, you’ve been hooked by a sobriety checkpoint. Do you have to stop? What’s your best move, especially if you’ve had a few drinks?

Constitutionality

As you might imagine, this is an issue that has been heard all the way to the U.S. Supreme Court. That esteemed Court has held that sobriety checkpoints meet the Fourth Amendment standard of “reasonable search and seizure.” However, police are not free to improvise like Charlie Parker wailing on his sax. They have rules to follow, and if they don’t, it could be a basis for getting your charges thrown out.

Sobriety Checkpoint Rules

Some of the requirements for setting up a sobriety checkpoint include:
1) Drivers have to be able to turn around to avoid the checkpoint. While you can’t be arrested for turning around to avoid the flashing lights, consider carefully whether this is your best move. Any erratic maneuvers on your part will give the cops probable cause to come after you. If you’re a few sheets to the wind, avoiding that roadside ditch — or that state trooper’s toes — might not be as easy as you thought.
2) Checkpoints must be systematic, non-arbitrary and non-discriminatory. Law enforcement agencies have to set up procedures for checkpoint protocol. These procedures can’t consist of such things as “Let’s only stop cars more than ten years old” or “Minority drivers get stopped twice as often.” They must decide on a set pattern — say, stopping every car, or every third car — and apply it fairly. Of course, if you come weaving through the checkpoint with your eyes rolling back in your head and alcohol fumes wafting through the open window, expect to have a nice officer come after you and administer one of those fun tests where you try to touch your nose.
3) Sobriety checkpoints must be advertised ahead of time. If you consider placing a twenty-square-foot sign a few hundred feet in front of the checkpoint to be adequate forewarning. Courts have held that it is. Police departments will often announce that there will be holiday-weekend sobriety checkpoints, but you get to guess where the party’s being held.
4) The purpose for DUI checkpoints must be to further public safety. This one’s not hard to fulfill. Drunk drivers kill and maim a lot of people every year and states have an interest in trying to cut down on the carnage. However, checkpoints must be done properly, with appropriate signs, lights, and uniformed officers, in order not to create a hazard of their own or cause undue fear in drivers.

If the sobriety checkpoint fails to meet proper standards, a good DUI lawyer has a basis for getting the charges thrown out.

How to Act at the Checkpoint

If you decide not to make a break for it by turning around to avoid the roadblock, remember these tips:

You do have to provide your license if asked for it. You do not have to answer questions about things other than your identity. If you’re concerned that you might have alcohol on your breath, be advised that rolling your window all the way down is not necessary; neither is regaling the officer with a chorus of “Drinkin’ Wine Spo-Dee-O-Dee.”

Worst Case Scenario — What Now?

Let’s say you fail to pass Go at the sobriety checkpoint. What can you expect to happen? Depending on your blood alcohol content (BAC), you may be charged with DUI (.08 % BAC or above) or DWI (below .08% BAC). A first offense DUI can get you up to a year in jail and a $1,000 fine, plus a six-month license suspension. Double and triple those numbers for 2nd and 3rd offenses. After the first time, you’ll also be the proud owner of one of those nifty Ignition Interlock Devices to impress all your friends. A DWI conviction is somewhat less expensive at $500 with shorter suspension and jail times, but it’ll still have you singing the blues.
Your smartest move if you get arrested at a sobriety checkpoint is to keep your mouth shut and call a good DUI attorney. It’s the best chance you have to avoid the “Jailhouse Rock.”