A DUI checkpoint would seem to be contrary to this general rule. However, Arizona DUI checkpoints have been held to be legal if they are properly conducted. For example, courts have held that a checkpoint must be “carried out pursuant to a plan embodying explicit, neutral limitations on the conduct of individual officers.” One reason for this is that police could easily use a checkpoint as a pretext for racially motivated traffic stops. Thus, by removing the discretion from individual officers, courts believe that it is less likely an officer’s personal biases will affect whether a motorist is stopped.

What Are a Motorists’ Rights in a DUI Checkpoint?

When a motorist is stopped at a DUI checkpoint, an officer will approach the vehicle and begin to ask the driver questions. Generally, a motorist will be asked to provide the police officer with his driver’s license. It is important to remember that motorists do not need to engage in conversation with police officers, other than to provide necessary information. A motorist’s decision not to speak with an officer cannot be used as evidence of intoxication; however, by refusing to talk with an officer, the officer may become suspicious and decide to investigate further.

If a police officer suspects that a motorist is intoxicated, they may ask the driver to perform a field sobriety test. These tests are notoriously subjective, and the validity of field sobriety tests has been called into question. In addition, the purpose of these tests is to confirm an officer’s suspicion that a motorist is intoxicated and justify a subsequent arrest. Thus, even “passing” a field sobriety test may not result in a driver being sent on his way. That being the case, some motorists may decide to decline an officer’s invitation to perform the tests. While police cannot physically force a motorist to perform these tests, a driver who refuses to perform a field sobriety test may still be arrested. It should be noted, however, that all Arizona motorists implicitly consent to chemical testing when they obtain an Arizona driver’s license.

Have You Been Arrested for an Arizona DUI?

If you have recently been arrested and charged with an Arizona DUI case, you should immediately contact Attorney James E. Novak for assistance. Attorney Novak is a dedicated Arizona DUI defense attorney with extensive experience helping his clients fight the charges they are facing. Whether it involves challenging an alcohol checkpoint, arguing a motion to suppress, or litigating a case at trial, Attorney Novak is prepared to defend you at every stage of the proceeding. To learn more, call 480-413-1499 to schedule a free consultation today.

Additional Resources:

• Michigan Department of State Police v. Sitz
• A.R.S. section 28-1381

Other Articles of Interest from The Law Office of James Novak’s Phoenix DUI Blog: How Can Someone Fight an Arizona DUI Charge?, Phoenix DUI Law Blog, January 24, 2019

Arizona’s Underage DUI Laws, Phoenix DUI Law Blog, January 10, 2019

A number of people are arrested at sobriety checkpoints set up by police at major thoroughfares and at different times of year. In many cases, these arrests might have been preventable. With that in mind, here are some tips on what to do when you encounter a sobriety checkpoint.

Do Not Try to Evade the Checkpoint If You Are Approaching It

If you notice a sobriety checkpoint up ahead that is unavoidable, do not make a U-turn and try to drive away. The officers in charge of the checkpoint may radio other law enforcement in the area to keep an eye out for your vehicle. Evading a checkpoint in this fashion shows reasonable suspicion of intoxication or other dubious activities.

Do Not Incriminate Yourself By Trying to Talk Your Way Out of It

One of the worst things that you can do is try to talk your way out of the sobriety checkpoint. This kind of nervousness and desperation can serve as a cue for officers who are looking for signs of inebriation or paranoia. When pulled over, be sure to remain collected and tell any passengers in the vehicle as well to remain quiet and to not address the officer unless they’re spoken to.

Do as You Are Told to Avoid a Difficult Interaction

Resisting or refusing simple requests like providing your license and registration can make a routine stop much more antagonistic and likely to result in an arrest. Being difficult like this gives officers reasonable suspicion with regard to intoxication. If you are pulled over at a sobriety checkpoint, be sure to comply with reasonable requests from the police officer.

Keep In Mind You May Not Be Checked for Sobriety

Just because you are at a sobriety checkpoint does not mean you will be asked to take a sobriety test. At a busy checkpoint, officers may simply be looking for signs of potential intoxication or suspicious activity, which will then be a reason for them to conduct a sobriety test on a driver.

If you do have to take a breathalyzer test or a field sobriety test, be sure to comply and to follow instructions closely. Refusal to comply with these requests can lead to self-incrimination and more severe penalties that will affect your ability to drive as normal.

Remain Calm Throughout the Entire Process

We can’t stress this enough: remain calm throughout the entire stop.

While the situation may be stressful even if you are sober, being as calm as possible throughout this process will improve your chances of passing through the checkpoint without any problems.

Get in Touch with a Criminal Defense Lawyer Following an Arrest

If you are arrested at a sobriety checkpoint, it’s important to get a skilled attorney on your side so you can look into your legal options. Our team will note the circumstances of your arrest and determine if your legal rights and/or Constitutional protections were violated in some way.

Learn more About Your Legal Rights and Options

For more information about drunk driving charges and all of your legal rights and protections, be sure to contact our DUI and criminal defense law firm today. We at The Law Office of James Novak will fight diligently for you.