To protect road users from drunk or drugged drivers, police set up roadblocks in predetermined locations where they check for signs of intoxication in motorists. These roadblocks are known as DUI checkpoints.
Imagine driving down the road and seeing flashing lights ahead, only to arrive there and find it is a DUI checkpoint. If you are sober, a checkpoint is only an inconvenience. However, if you had one or two beers, you will be worried as you are not sure what the field officers at the sobriety checkpoint will come up with, resulting in an arrest. Here are the common mistakes when passing through a DUI checkpoint.
Driving Erratically Near the DUI Checkpoint
Your nerves will start clicking if you drive under the influence and notice a DUI roadblock a few meters ahead. The hands will start sweating when facing the officers when you are on the wrong side of the law. Due to the panic, some people drive aggressively to avoid the checkpoint. Others move slowly enough to create suspicion they are intoxicated. You could even be tempted to make a U-turn to avoid the roadblock.
Police need probable cause before pulling you over on suspicion of drinking and operating a car. Therefore, when you drive erratically or slowly, you will create reasonable doubt, leading them to pull you over for further investigations. When you make a U-turn after noticing the checkpoint, they will suspect you are driving while intoxicated or committing a crime and will pursue you in their car. If arrested, you will be charged with DUI and evading an officer. Therefore, slow down and stick to your lane when you notice a sobriety checkpoint ahead of you. However, do not drive too slowly, as it will raise an alarm.
Having Open Alcohol Bottles in the Car
An open alcohol container in the vehicle will give officers reasonable suspicion that you have been drinking, resulting in further investigations. The officers can ask you to exit the vehicle and conduct field sobriety tests (FSTs). Additionally, they will issue a ticket for possession of an open alcohol container while driving. Therefore, avoid carrying alcohol containers, whether open or closed, in the vehicle, as they could put you in trouble with the law.
Making Abrupt and Suspicious Movements
Police are taught to be alert and protect themselves first. Therefore, when you are pulled over at a DUI checkpoint, they will approach you from the tail observing your behavior. Fidgeting or sudden movements will make the officer suspicious and trigger criminal charges in some situations.
Also, suspicious movement can make the officer force you out of the vehicle and search your car. So, maintain calm and put your hands where the officer can see while approaching. While you do this, ensure your interior lamp is switched on.
Talking Back to the Officer
Everything you say or do is recorded on the police officer’s body camera. Therefore, avoid backtalk or making jokes because they could lead to more trouble. You cannot talk yourself out of guilt because everything is being recorded. The officer pulling you over is there to observe, listen and gather evidence against you. Therefore, you make their work more straightforward when you try to talk yourself out of the situation.
Alcohol makes people act bizarrely, and the stopping officer is unaware you have been drinking. Because you have been pulled over does not make you guilty of DUI. However, if your words disrespect the officer, they could create reasonable intoxication suspicion. Also, even if the officer is disrespectful, do not talk back or try to explain your rights. Instead, keep calm and avoid rude language with the officer. Refer to the officer as sir or ma’am. It is best to cooperate and follow the officer’s instructions without talking back.
Admitting Fault
When officers pull you over at a checkpoint, they ask for your driver’s license and car registration when necessary. Afterwards, they are likely to begin asking questions. The officer can ask questions if you are drunk or where you are driving from or to. If you suspect you are being investigated, you can remind them of your Fifth Amendment right to remain silent until your attorney is present. By staying silent, you avoid self–incriminating declarations that will be used against you.
Even if the officer notices you are intoxicated and asks the number of drinks you have taken, it is better to remain silent. Nevada laws allow drivers to operate a car with a BAC of at most .08%. When you come clean to drinking, you will face charges even if your BAC is below the designated limit. Therefore, you should not confess to drinking alcohol or using drugs. However, if you must talk, do not lie because this will damage your credibility and case.
Agreeing to Field Sobriety Tests (FSTs)
Agreeing to take FSTs is the most prominent mistake people in Nevada make. Many individuals are unaware that Nevada laws make FSTs voluntary, and an officer can only ask you to exit the car but cannot force you to undertake these tests. You should decline these tests because they rely on the arresting officer’s testimony and will only incriminate you further.
As you step out of the vehicle, please do not use the door or car for balance, as it convinces the officer you are impaired by alcohol. When outside, respectfully inform the officer you will not be taking the tests.
Refusing to Submit to Chemical Testing
Once the officers reasonably suspect you are impaired, you will be arrested and taken to the nearest police station for chemical testing. Do not refuse to take these tests because failure to submit blood or urine samples for testing will result in immediate license suspension.
No matter what you do, you will end up behind bars if you are younger than 21 and with a BAC of .02% or a commercial driver with a BAC of .06%. You must post bail to obtain a pretrial release if you are arrested at a DUI checkpoint and the best way to do this is by hiring a bail bonds company.
Find a Bail Bondsman Near Me
Simple mistakes at a sobriety checkpoint can dent your future, particularly in Las Vegas, so it is paramount to understand your rights. Knowing the common mistakes to avoid at a DUI checkpoint can prevent an arrest. However, you need a trustworthy bondsman to secure your release when an arrest occurs. At Express Bail Bonds, we have enabled many drivers to secure pretrial release and build solid defenses for their DUI charges. Call us today at 702-633-2245 for a free consultation.
