Generally, police in Las Vegas set up driving under the influence (DUI) checkpoints to deter drunk driving. When the police pull you over and you stop, the law enforcer will inquire whether you have been drinking alcohol or taking drugs. If you answer "no," the police will allow you to drive away. However, if the officer reasonably suspects you are drunk, your stop will last longer. The police can also request you to submit to a chemical test.

Do you have to adhere to the DUI administrative roadblock? Is it lawful to keep driving or refuse to answer the questions? The section below addresses what to do when arrested at a DUI checkpoint.

What are DUI Checkpoints?

A DUI checkpoint is a section of road where police officers stop motorists to deter drunk driving. The police stop all drivers, including those exhibiting intoxication signs. Then law enforcers arrest drivers they reasonably believe are operating their cars while drunk.

Sometimes, the police at an administrative roadblock will not stop all cars but all license plates beginning with an odd number, every third motor vehicle, etc. The law allows any prearranged formula for stopping drivers, provided it is unprejudiced.

When you drive into a DUI checkpoint, the police will stop you and ask you a couple of questions, including whether you have been taking drugs or drinking alcohol. At night, the law enforcer will use a flashlight to check whether you have alcohol in the car.

If you look sober, the police will let you go. However, if the law enforcer reasonably suspects you are intoxicated, they will request you to submit to chemical tests. Conduct that can show impairment includes the following:

  • Slurred speech

  • Empty or open alcohol containers

  • Watery or bloodshot eyes

  • Bad driving patterns

  • Alcoholic odor emitting from your breath

The police can also request you to:

  • Perform field sobriety tests (FSTs)

  • Take a preliminary breath test (PBT)

Depending on your results, the police can arrest you for drunk driving.

Are Sobriety Checkpoints Legal?

Yes, provided the police appropriately administered them. For a checkpoint to be legal, the police should comply with the following guidelines:

  • The checkpoint should be noticeable to all oncoming cars from one hundred yards away

  • The police should place a "Stop" sign near the highway's centerline that is legible from fifty yards away

  • A flashing red light at the highway's side should be visible to any oncoming vehicle 100 yards away

  • There should be a warning sign at the highway's side approximately a quarter-mile from the checkpoint notifying oncoming cars about it. Also, these signs should be alongside a lantern, flare, or burning beams of light

If the law enforcers fail to adhere to these protocols, your DUI charges could be dismissed or reduced.

What To Do and Not Do at a Driving Under the Influence Sobriety Checkpoint

If you are at a roadblock, you do not want to make any mistake that can result in your arrest or weaken your defense if arrested for DUI. Below are steps you should take to protect your rights:

You Can Evade the Checkpoint by Making a U-Turn

Sometimes, a motorist can see the checkpoint far enough and early that they can change course. It is not illegal to avoid a roadblock, provided you don't break any traffic law.

Nevertheless, a driver who veers off onto another street or immediately makes a sudden U-turn before the checkpoint can catch the police's attention.

Please note that a police officer can pull you over if, while avoiding the checkpoint, you exhibit signs of intoxication or have a defect like a broken tail light on your motor vehicle.

Answering Questions

Any driver pulled over at a checkpoint should respond when a police officer asks them for their registration, driver's license, and proof of auto insurance.

By law, you should not answer any questions other than these. The law enforcer can try asking you more questions, like "Where have you been? Where are you going? Have you been drinking alcohol? How much alcohol have you drunk?"

You don't need to answer the question. Please do not argue with the officers or lie to them. Remember, the police can use anything you do or say against you. While you can feel the need to explain yourself, there is no reason to act so since you can accidentally provide the police with grounds to arrest or detain you longer.

Instead, respectfully and politely decline to answer the question by claiming that "I cannot answer any question without my lawyer present" or "I'm invoking my right against self-incrimination under the 5th Amendment to the U.S. Constitution."

You are Entitled to Refuse a Car Search

You don't need to consent to a car search if stopped at a driving under the influence sobriety checkpoint. Nevertheless, you need to understand that you can be detained for failing to consent. Before searching the car, the law enforcer will require probable cause (the reasonable belief that you violated the law).

The police officer can use the implied consent law to do an involuntary car search should you refuse the request. Nonetheless, this is only lawfully when you consented to the search or the police legally arrested you.

Driving Through a DUI Sobriety Roadblock Without Stopping After Being Pulled Over

Driving through the DUI checkpoint without stopping is charged as a gross misdemeanor under Nevada Revised Statutes 484B.580. The crime is punishable by the following maximum penalties:

  • A 364-day jail sentence

  • A fine of two thousand dollars

If unlawfully driving your car through the checkpoint leads to property damage that exceeds one thousand dollars, substantial bodily injury, or death, you can face a category B felony charge. The crime carries a maximum of five thousand in fines and time in state prison ranging between one to six years. You can also be charged with driving under the influence, depending on your case circumstances.

Stay Peaceful, Calm, and Relax

It will help if you do not panic after you are pulled over. Even when you feel afraid, act politely and speak eloquently to the police. Since the police will ask for your registration and driver's license, ensure you keep the items available and within easy reach.

Should the police request you to step out of your motor vehicle, do as requested. Exit your car confidently and calmly without leaning on it. Leaning can be considered a sign of intoxication.

Do Not Perform FSTs

After refusing to answer the police officer's questions, the police officer can request you to get out of the car (which you should). If the law enforcer believes you are intoxicated, they can request you to perform field sobriety tests. You should not perform these tests.

Please do not think you can beat the FSTs. If you try the tests, chances are you will perform poorly, and the police will use your performance to arrest you for DUI. Instead, politely decline to perform the tests.

Contact a Skilled and Experienced DUI Defense Lawyer Straight Away

A DUI conviction can adversely affect your life in many ways. For instance, you will face incarceration, stigma, fines, and a criminal record that can make securing employment difficult. That is why you require a criminal defense lawyer by your side.

The attorney's understanding of your rights and law increases the chances of winning the case. Common defenses they can use include:

  • You obeyed the police officer's directions — Encountering a DUI checkpoint can be messy. Many motor vehicles move slowly while a couple of law enforcers check all drivers. There can be miscommunication between officers with many cars where motorists find themselves detained for driving through the checkpoint or disobeying the police. Provided the prosecutor cannot establish that you broke the law beyond any reasonable doubt, they should drop your charges.

  • Police misconduct — If the law enforcers cut corners when asking questions, performing PBT, or administering FSTs, your lawyer can convince the district attorney to drop your criminal charges.

  • The administrative roadblock was illegal — If your lawyer can prove the police did not administer the sobriety checkpoint properly, the DA should dismiss your case. Your attorney will rely on surveillance video, witnesses' testimonies, and photographs to verify the police violated the law.

What Occurs If You Do Not Have Your Driver's License at a DUI Checkpoint?

If a motorist forgets their driver's license and it is valid, they can give the law enforcer the license number, and the police can allow them to proceed as long as they do not display any sign of impairment.

Nevertheless, the police can impound your car if you are driving on a suspended driver's license.

Find a Las Vegas Bail Bonds

If you are pulled over at a DUI sobriety checkpoint and find yourself arrested, the first thing you should consider is your release. One effective method to secure your release while awaiting your trial is posting bail. If the judge sets a bail amount you cannot afford, you can pay a seasoned Las Vegas bail bonds agency 10% of your bail amount. Then the company will post your total bail amount with the court. At Express Bail Bonds, we are committed to making the process seamless. We provide flexible and affordable payment plans and 24/7 services. Additionally, our many years of experience working with courts and jails staff can help you secure a release quickly. Do not hesitate to contact us at 702-633-2245 if you have been arrested for a Checkpoint DUI and need a Bail Bond.