With the holiday season comes shopping, celebrations, more shopping, and more celebrations. With the celebrations probably comes some drinking, and after the drinking possibly comes to a stop at a seasonal DUI checkpoint roadblock. So, give yourself the gift of knowledge about your constitutional rights at a DUI checkpoint, as those apply to police interactions with you there.
If you are arrested and charged with DUI in Utah, you will need an experienced Utah DUI attorneys to build the best case for your defense. Call Wasatch Defense Lawyers to schedule a free consultation to discuss the details of your case and your best options for a winning defense.
Seasonal DUI Checkpoints
The most likely time to find yourself being required to pull over for assessment at a DUI checkpoint is around holidays in the summer and again in December. Police departments list the locations where the checkpoints will be and the dates they will be in operation. Additionally, law enforcement may increase the number of officers on duty throughout the area for greater focus on spotting signs of Driving Under the Influence (DUI) of alcohol.
How Does Law Enforcement Use DUI Checkpoints?
Police departments use DUI checkpoints as an all-purpose opportunity to conduct summary investigations of drivers by briefly detaining them. A driver’s very brief stop at the roadblock gives the police time to check license plates and driver’s license, and it gives them a close-up opportunity to detect an odor of alcohol from the driver and to look into the vehicle for any possible evidence of illegal drinking and driving, etc.
Your Constitutional Rights at a Utah DUI Checkpoint
While you are legally required to cooperate with law enforcement officers who are doing their work in the line of duty, keep in mind that you have constitutional rights in a DUI case that apply to your encounter with police at a DUI roadblock:
- Under Utah law, law enforcement must publish the locations of DUI checkpoints in advance.
- The police are legally allowed to stop and briefly detain you.
- The police are not legally allowed to search you or search your car unless you agree to let them search or they have probable cause to believe that a crime has been committed.
- If you are asked by police officers to take field sobriety tests or undergo a breathalyzer test, you have the legal right to refuse. But, be aware that refusal to submit to the blood alcohol content (BAC) test results in an 18-month driver’s license suspension.
BE AWARE: Police officers at and/or near DUI checkpoint roadblocks monitor vehicles approaching a checkpoint with drivers who make sudden U-turns, abruptly switch lanes and dart off of exit ramps, or throw items out of the car windows. These behaviors draw intensified attention from law enforcement to your vehicle and typically significantly increase your likelihood of receiving greater scrutiny from police officers.
If you are charged under these circumstances, contact the best DUI attorneys Utah has available to build the best strategy for defense against unreliable BAC test results and other questionable evidence.
Know Your Constitutional Rights – Wasatch Defense Lawyers
Wasatch Defense Lawyers are top DUI attorneys in Utah. We are well experienced in defending our client’s constitutional rights. If you are charged with DUI or other serious traffic offenses, we will provide you with a free consultation to discuss the details of your legal case.
We can also help you with affordable payment arrangements if needed.
If you have been unfairly charged with DUI or another traffic-related crime, call Wasatch Defense Attorneys at (801) 980-9965, or contact us here online for help.
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