DUI Checkpoints in Delaware

 

A DUI checkpoint in Delaware is when law enforcement sets up a predetermined fixed location to stop vehicles and catch people who are driving under the influence of drugs or alcohol. Checkpoints like these are not only supposed to decrease the number of drunk drivers on the road by making them afraid of getting arrested and charged with a DUI, but also raise the awareness of Delaware DUI laws in general, which are some of the strictest in the nation.

 

DUI checkpoints in Delaware occur most often late at night or early in the morning, when the highest amount of drinking has been shown to happen. Weekends, holidays, and other times of increased celebrations are also occasions when law enforcement might decide to institute DUI checkpoints, and in fact Delaware has a program called Checkpoint Strikeforce that mandates increasing the number of checkpoints from July through the end of December.

 

Are DUI Checkpoints Constitutional?

 

In the 1990 Michigan v. Sitz case, the U.S. Supreme Court’s voted 5 to 4 that DUI checkpoints are in fact legal. Since then, 11 states have made laws outlawing this practice, but Delaware is not one of those states. In the case, the Justices ruled that since DUI checkpoints were being used to decrease drunk driving, they were in the public interest and should be considered a “justified intrusion” instead of an infringement on Fourth Amendment rights against illegal search and seizure.

 

Legal experts continue to debate this, especially since part of the Justices’ decision was based on DUI checkpoints “sole purpose” being to detect DUI, but the way they are being used now allows officers to cite people for completely unrelated violations like defective tail lights, tinted windows, expired licenses, and out-of-date registrations. The fees from these violations allow local governments to profit from DUI checkpoints while having nothing to do with DUI detection. Even worse, time has shown that DUI checkpoints aren’t nearly as effective at arresting people for DUI as roaming patrols are.

What to Do If You Are Stopped

 

None of that, however, seems to matter much in Delaware, where programs like Checkpoint Strikeforce not only allow DUI checkpoints, but consider it an invaluable tool to control driving under the influence.

 

If you are stopped at a Delaware DUI checkpoint, stay calm and polite, don’t make any sudden movements that could provoke the officer, and keep your hands visible at all times. Be sure to come to a complete stop and lower your window to speak with the officer. They will likely ask you several questions, including whether or not you have been drinking, but you do not have to answer them. The only requirement of you at a DUI checkpoint is to provide your license, registration, and insurance information. Never admit that you’ve been drinking, even if all you’ve had is one drink. Remember anything that you say can and will be used against you.

 

It’s possible the officer might ask you to take a field sobriety test if they suspect that you’re intoxicated. Politely refuse. You are not required by law to take it, and DUI lawyers will tell you that you can only hurt yourself by doing so. Whether or not you pass these tests is based on the subjective opinion of the administering officer, so they are basically designed for you to fail. Refusing to take this test limits their evidence against you.

If You Are Arrested at a Delaware DUI Checkpoint The second you arrive at the police station, ask to speak to an attorney and refuse to answer any more questions. Even if you’ve already requested an attorney, do so again. You want someone there fighting for your rights as soon as possible. At this point, they may ask you to take a BAC test. Some departments have machines that take your blood to measure your BAC, but breath tests are also common. Don’t panic over the results of this test. Failing it won’t automatically get you a DUI. In fact, experienced DUI lawyers will tell you that incorrect readings can occur due to everything from differences in your body physiology to incorrectly calibrating the machine. Find out more about your options by getting in touch with an experienced Delaware DUI attorney.