After years of back and forth, the Supreme Court finally legalized DUI checkpoints in 1990’s Michigan Department of State Police v. Sitz. At these checkpoints, officers can pull over motorists even if they have no reason to believe they’ve done anything wrong, after all, it is just a point in which to check and see if anything might possibly be “wrong”.
If the checkpoint encounter leads to an arrest, your Sanctuary Bail Bonds agent (bail bonds Phoenix) can get you out of jail fast. Remember, your pretrial release gets your defense off to a good start. Furthermore, being out of jail has some obvious personal benefits like being able to show up for work the next day.
Your Rights at a DUI Checkpoint
Unfortunately, DUI checkpoint refusal is not one of your rights at a roadblock. You must stop if officers instruct you to stop. You must also produce your drivers’ license and proof of insurance for inspection. But that’s about all you must do. Anything you do after this is willingly and on your behalf.
Under the Fifth Amendment, you have the right to remain silent. That right includes more than refusing to answer questions or verbally interacting with officers in any other way. It also includes the right to not do anything. You do not even need to roll down your window. You can just present your documents and go. This could present some interesting scenarios though, as you can imagine.
If you do assert your rights in this way, you can also expect the police to seriously question your behavior. DUI checkpoints usually include chase cars. An officer will probably follow you for a few blocks. But as long as you commit no traffic violations, the officer can generally do nothing but shadow you and make you nervous. Just be aware that if you have indeed done something wrong, the police usually have a knack for picking up on these things…just saying…and if they do find you out, you will probably find yourself in jail.
Where are the DUI Checkpoints Near Me?
One of the aforementioned DUI checkpoint requirements is advertising the roadblock’s location. Such publicity must be sufficient to give people notice and allow them to avoid the area if they want.
There are a number of other checkpoint requirements. Some of them include:
- Using a neutral formula, such as stopping every third vehicle, to halt traffic,
- Keeping motorist delays to under two or three minutes,
- Making sure the checkpoint is well-marked and well-lit, and
- Obtaining a supervisor’s permission for the checkpoint.
If any of these requirements are not met, a criminal defense attorney may be able to invalidate the checkpoint and also the subsequent arrest.
Of course, your Sanctuary Bail Bonds agent (bail bond near me) can also get you out of jail if you are arrested throughout the state of Arizona for DUI. If officers have reasonable suspicion at the checkpoint (e.g. they smell alcohol on your breath), they may ask you to perform field sobriety tests or provide a chemical sample. As mentioned before, you have a legal right to refuse both these things, but when you are in the heat of the moment and the situation is happening to you, it can be hard for the average person to think and act in a purely legal mindset.
At Sanctuary Bail Bonds (24 hour bail bondsman) we understand that checkpoint “situations” can happen to even the most level headed person. Our discreet, compassionate, and professional bondsman are here to help you get out of jail quickly, affordably, and easily. Contact us 365 anytime 24/7 at (602) 224-5247 or (602) BAIL-247 to get out of jail, learn more about your Constitutional rights, or visit our FAQ-page to learn more about bail bonds. To see where a DUI Checkpoint might be this weekend click here.
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