DUI Checkpoints in Alabama

 

When Alabama police officers stop cars at a predetermined fixed location as a way to catch drivers who are under the influence of alcohol or drugs, this is called a DUI checkpoint. Law enforcement’s belief is that the fear of getting caught at one of these checkpoints and arrested for a DUI will stop people from drinking and driving in Alabama.

 

DUI checkpoints tend to be set up during the times when most drinking is believed to occur, usually late at night or early in the morning, and often over weekends and on holidays.

 

Are DUI Checkpoints Constitutional?

 

11 states have outlawed DUI checkpoints, but unfortunately Alabama is not among them. It is one of the 39 states that adhere to the 5 to 4 decision made in the 1990 Michigan v. Sitz case by the U.S. Supreme court, whereby the constitutionality of DUI roadblocks was upheld. The Justices declared that these checkpoints served the interest of the public at large by decreasing the number of drunk drivers on the road, and therefore were a justified intrusion. They further clarified that DUI checkpoints were not an illegal search and seizure because their only purpose is to detect DUI.

 

This is something many legal experts believe is still up for debate, though, since officers at these checkpoints often hand out citations for other offenses – things like tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses. Local governments collect fees from each of these citations, so when looked at in that way, the “sole purpose” argument doesn’t seem to stand up. Furthermore, DUI checkpoints as a whole haven’t proven to be nearly as effective at arresting people for DUI as traditional roaming patrols have.

 

Regardless, right now DUI checkpoints continue to be considered legal by the state, so if you find yourself approaching one, you must adhere to the guidelines.

 

What to Do If You Are Stopped

 

Treat your stop at an Alabama DUI checkpoint like you would any other police encounter on the road. Stop when you are asked to stop, make sure the officer can see your hands, and don’t make any sudden movements that might unintentionally provoke him or her.

 

Lower your window when they approach your car so that you may speak to them, and don’t hesitate to provide your license and registration when it is asked for. If the officer is correctly following Alabama DUI checkpoint protocol, he or she will only detain you long enough to ask few questions to try to see if you appear to be intoxicated or not. Be aware that you do not have to do anything beyond handing over your license, registration, and insurance information. Simply provide these three items, stay calm, and remain polite throughout the process. If you lose your cool, you might not pass the so-called “attitude test” and could be providing the officer with an opportunity to question you further or even arrest you.

 

If the officer thinks that you might be intoxicated, he or she could ask you to take a field sobriety test. You are not required to take this test, and under no circumstances should you agree to do so. As most DUI lawyers will tell you, these tests are designed for you to fail them, so most of the time taking one will only increase your chances of getting a DUI. Why? Because the way you pass or fail is completely subjective – it’s up to whether the officer administering the test thinks you’ve done well enough on each section! After you refuse the test, it’s possible that you might be arrested, but at the very least you are limiting the evidence they have against you.

 

If You Are Arrested at an Alabama DUI Checkpoint

 

Ask to speak to an attorney and refuse to answer any more questions when you arrive at the police station. Remember that anything you say can and will be used against you, and you want an experienced DUI attorney by your side protecting your interests as early in the process as possible, so don’t worry about annoying the cops – even if you’ve already asked for an attorney once, ask again.

 

It’s quite possible that you will be asked to take some form of BAC test at the police station. Sometimes these involve taking your blood; other times they are simply breath tests. If you are asked to submit to one of these, do not panic. You have options available even if you fail the test. Good DUI lawyers will know how to argue against the results of BAC tests, citing things like improper usage of the test, incorrect machine calibration, and differences in your body physiology. There are a number of reasons why the reading could have been incorrect; you just need someone who knows what they are doing on your side. To explore your options, seek out an experienced Alabama DUI lawyer today.