Most encounters with police officers in traffic are one-on-one interactions. A police officer may conduct a targeted traffic stop when they witness traffic violations or notice potential problems with a vehicle. Police officers also respond in person to collisions.
Occasionally, drivers get arrested during mass enforcement efforts. Police departments in DuPage County may conduct sobriety roadblocks. Also known as driving under the influence (DUI) checkpoints, these roadblocks allow law enforcement professionals to screen a large number of drivers for intoxication.
While some people assume that checkpoints or roadblocks are a violation of their rights, they are theoretically legal according to the federal Supreme Court and current Illinois policies. Unfortunately, drivers who have not broken the law could be at risk of an unfair arrest if they encounter a DUI checkpoint. What do drivers need to know about DUI checkpoints?
Checkpoints should limit inconvenience
Drivers should not face unfair detention and delays because of a checkpoint. DUI roadblocks are only theoretically legal in scenarios where authorities limit the inconvenience that they generate for the motorists they stop.
They usually can only conduct cursory screening of drivers unless they have reason to conduct enhanced screening. If motorists admit to consuming multiple beverages before driving or display visible signs of intoxication, then police officers may ask them to pull aside for additional screening measures.
Those measures may include field sobriety tests and alcohol breath tests. Drivers can minimize their chances of arrest by limiting how much information they provide. Many people become anxious and overshare during checkpoint encounters, which may only put them at increased risk.
Drivers generally do need to identify themselves, but they also have the right to avoid implicating themselves and answering invasive questions. They may also have the right to decline field sobriety tests.
Checkpoint arrests don’t always lead to convictions
In scenarios where police officers choose to arrest drivers at a DUI checkpoint, the arrested motorists have the right to hire defense lawyers. People arrested at sobriety roadblocks can potentially fight the charges that they face and may be able to avoid criminal convictions.
In some cases, officers may rush to conclusions because they want to establish a high arrest rate at the checkpoint. Establishing a custom defense strategy can help those facing charges because of a DUI checkpoint respond effectively.
Just like any other DUI case, a drunk driving charge that begins at a sobriety checkpoint does not always lead to a conviction. Motorists who know their rights and get appropriate help can theoretically reduce their risk of an unfair criminal conviction.