DUI Checkpoints in Arkansas

 

When law enforcement officers in Arkansas stop vehicles at a fixed location to try to find drivers under the influence of alcohol or drugs, it’s called a DUI checkpoint. It is believed that these checkpoints will stop people from driving after using drugs or drinking an illegal amount of alcohol because they will think there is a higher risk of DUI arrest in Arkansas. Late at night or early in the morning are the most common times for checkpoints to be set up, since this is typically when it is believed that the highest number of people will be driving under the influence. Also taken into consideration are the number of incidents of drunk driving in the area and the number of bars and other establishments that serve alcohol.

 

Are DUI Checkpoints Constitutional?

 

In the 1990 Michigan v. Sitz case, the U.S. Supreme Court upheld the constitutionality of DUI roadblocks with a 5 to 4 vote. DUI checkpoints, they felt, were a justified intrusion due to the public interest in reducing DUI. And because their sole purpose was to detect DUI, they argued that it was not an illegal search and seizure

 

But saying the “sole” purpose of a DUI checkpoint is to detect DUI doesn’t tell you the whole story. Citations for many other issues are often made at these checkpoints, including tinted windows, out-of-date registrations, defective tail lights, and expired driver’s licenses. Every one of these citations brings in fees to the local government. Moreover, roaming patrols have been shown to be far more effective than DUI checkpoints at arresting people for DUI.

 

Many legal experts still think that the Supreme Court’s decision in Michigan v. Sitz was wrong, since the fourth amendment protects against unreasonable searches and seizures. This “DUI exception to the Constitution” was even more or less acknowledged by William Rehnquist, but he called it a little violation. DUI checkpoints have been outlawed in by 11 states because they believe they violate their constitutions, but unfortunately Arkansas is one of the 38 states that still consider DUI checkpoints legal.

 

What to Do If You Are Stopped

 

If an officer stops you at a DUI checkpoint, treat it like you would any police encounter: keep your hands visible, and make no sudden movements that could provoke the officer into action. Lower your window so that you can speak to the officer, and show them your driver’s license when they ask. Not doing this could make the officer think you are hiding something and give rise to probable cause. Answer any and all questions related to DUI checkpoint proceedings, because it is possible that the officer may arrest you – whether or not you’re impaired – if they feel that you are being uncooperative.

 

You do have the right to refuse to answer, however, if the officer begins to question you about something unrelated to the DUI checkpoint proceedings. This is important to know because you could unintentionally incriminate yourself. But if you do refuse to answer any questions, remember to remain calm and polite so you pass the so-called “attitude test.”

 

You may be asked to take a breath test or field sobriety test by the officer. Never ever take a field sobriety test. These tests are considered subjective since the officer is the one making the determination, and many DUI lawyers will tell you that they are designed for you to fail them. Just politely decline to take the test and say that you would like to speak to your attorney. By not taking the field sobriety test, you’re limiting any evidence they have against you.

 

If You Are Arrested at a Arkansas DUI Checkpoint

 

Tell the officer that you want to speak to an attorney as soon as you reach the police station, and don’t answer any more questions. Remember, anything you say can and will be used against you, and you don’t want to incriminate yourself!

 

It is likely that you will be asked to take a BAC test at the police station, but don’t panic. You still have options even if you fail the test. A good DUI lawyer may be able to argue that the results may have been incorrect for any number of reasons, such as improper usage of the test, incorrect machine calibration, and differences in your body physiology. Find out what your options are as soon as possible by consulting an experienced Arkansas DUI attorney.