DUI Checkpoints in Indiana

 

When law enforcement officers set up a fixed location to stop vehicles and determine whether any drivers are operating their vehicles under the influence of drugs or alcohol, this is called a DUI or sobriety checkpoint in Indiana. Officials believe that these types of high-visibility, highly-publicized checkpoints will deter citizens from driving while intoxicated by causing them to think there is a higher risk of getting caught and arrested.

 

Since the highest rate of drinking and driving has been shown to occur late at night and early in the morning, that is when you will see most DUI checkpoints. Other times when these checkpoints might be more prevalent include weekends, holidays, and other times of increased celebration. The location of the checkpoints is also determined by arrest and crash records – if an area has a higher level of alcohol-related accidents, it is far more likely to see an increase in the number of checkpoints.

Are DUI Checkpoints Constitutional?

 

DUI checkpoints were ruled constitutional nationwide by the U.S. Supreme Court in the 1990 Michigan v. Sitz case. The Justices argued that since the sole purpose of DUI checkpoints was to deter DUI and decrease the number of drunk drivers on the road – something they believed served the general interest of the public – these checkpoints were not an illegal search and seizure and did not infringe upon our Fourth Amendment rights.

 

It’s hard to argue that keeping drunk drivers off the road isn’t in the public interest. However, many legal experts do take issue argue with the idea of “sole purpose.” Besides arresting people for DUI, it’s not uncommon for checkpoint officers to hand out completely unrelated citations for things like tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses. It doesn’t help that these citations tend to have fees attached, meaning that local governments often actually profit off of DUI checkpoints for things that have nothing to do with DUI. Beyond this, it’s been shown that traditional roaming patrols do a much better job of arresting people for DUI than DUI checkpoints.

 

What to Do If You Are Stopped

 

If an officer stops you at an Indiana DUI checkpoint, do exactly what you would during any typical police encounter in your vehicle. Bring your car to a complete stop and roll the window down so you can speak with the officer. Make sure your license and registration are easily accessible so that you can present them when asked. Keep your hands visible, and don’t make any sudden movements that could prompt the officer into action. Above all, remain calm and polite throughout the process. Lastly, remember that anything you say can and will be used against you, so don’t talk!

 

Checkpoint officers have been trained to try to get you to admit whether you’ve been drinking and how much, but you are not legally required to say anything to them beyond giving your name and address and providing your license, insurance information, and registration. Exercise this right and don’t incriminate yourself.

 

It’s possible that the officer might ask you to take a field sobriety test. You do not have to take this test, and you shouldn’t do it. Just refuse politely, and if they push you, tell them you need to speak to your lawyer before doing anything or answering any more questions. Taking a field sobriety test is a bad idea, because whether or not you pass is entirely at the discretion of the administering officer. In fact, most Indiana DUI lawyers will tell you that these tests are designed for you to fail, which increases the likelihood of you getting a DUI. In contrast, refusing to take the test limits the cops’ evidence against you.

 

If, however, you are asked to take a chemical test, absolutely do not refuse. In Indiana, refusing to take one of these tests lands you an immediate DUI charge, a second charge for refusing the test, and a license suspension of a year.

 

If You Are Arrested at an Indiana DUI Checkpoint

 

When you arrive at the local police station, tell the arresting officer that you want to speak to an attorney and don’t answer any more questions. If you weren’t already given a chemical test, it’s very likely they’ll ask you to take one now. Some of these tests involve getting a blood sample from you, but others are just breath tests. Don’t worry if you fail this BAC, you won’t automatically be given a DUI.

 

In fact, an experienced Indiana DUI attorney will tell you that BAC tests are notoriously inaccurate, and can give false readings based on a number of things, including improper usage of the test, differences in your body physiology, and incorrect machine calibration. These are the exact things that they may argue to have the results thrown out. If you have been charged with an Indiana DUI and want to know your options, contact an experienced Indiana DUI lawyer as soon as possible.