DUI Checkpoints in Kentucky

 

When Kentucky drivers come upon a roadblock late at night or early in the morning, they have most likely just encountered a DUI checkpoint. Kentucky law enforcement officers use these predetermined fixed locations to stop vehicles and check for people who are driving while intoxicated. DUI checkpoints are seen not only as a way to arrest those drivers who would violate Kentucky’s drunk driving laws, but also as a method of deterring people from drinking and driving in the first place, because witnessing these checkpoints will make others believe that there is a higher chance of them getting caught.

 

Other factors that may influence setting up a DUI checkpoint at a particular time or specific area include:

 

• Over a holiday
• Near a large sports event where alcohol is served
• On a stretch of road where numerous alcohol-related arrests or accidents have occurred
• Close to a high number of establishments that serve alcohol

 

But Aren’t DUI Checkpoints Against Our Constitutional Rights?

 

In 1990, the U.S. Supreme Court voted 5 to 4 that DUI checkpoints are not an illegal search and seizure under the Fourth Amendment to the Constitution in the 1990 Michigan vs. Sitz case. Justices said that since the sole purpose of the checkpoints was to deter DUI, they were in the public interest and should be considered a justified intrusion in our lives.

 

Many legal experts disagree with this ruling, calling it “the DUI exception to the Constitution.” In fact, 11 states have subsequently ruled that DUI checkpoints are against their state constitutions, making them illegal. Beyond the issue of whether the checkpoints should have been ruled Constitutional in the first place, studies have shown that roaming patrols are more effective than DUI checkpoints at finding and arresting drivers who have been drinking.

 

More controversy exists over the way the checkpoints are often implemented. The Supreme Court’s ruling was based on the checkpoints only being used to catch DUIs specifically – that was their “sole purpose.” But many times at these stops, officers cite people for other violations that have nothing to do with DUI, such as tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses. Why does this occur? Because these citations have attached fees that bring in revenue for local governments.

 

However, if you are stopped at a DUI checkpoint in Kentucky, they are considered constitutional and legal, so you must comply with the rules.

 

If You Are Stopped at a Kentucky DUI Checkpoint

 

If you find yourself approaching a DUI checkpoint in Kentucky, don’t try to turn around to avoid it. Officers have the right to chase you down and pull you over if they have probable cause, and despite several attempts to fight this in court, judges have ruled that someone avoiding a DUI checkpoint is suspicious enough to grant police this right. It’s better to just go through the checkpoint.

 

Treat a DUI checkpoint like you would any other police encounter from your vehicle. Stop your car and roll down your window to talk to the officer, making sure you have your license and registration ready. Above all, remain calm, stay polite and respectful, and make no sudden movements that could cause the officer to take action against you.

 

Keep in mind, however, that just because you’re being polite doesn’t mean that you should do whatever the police say. Officers might ask you any number of questions, such as “where are you coming from?” “where are you headed to?” and “have you been drinking?” You do not have to answer any of these questions, and in fact you are better off only answering the questions that relate to your identity. For everything else, just politely decline, and if the officers continue to push you, say that you would like to speak to an attorney.

 

It’s possible if the officer suspects that you have been drinking they will ask you to take a field sobriety test, which involves a series of balance and coordination exercises. Tell them no thank you. You are not required to take this test, and many Kentucky DUI lawyers believe that they are designed for you to fail. By not taking the test, you are limiting the evidence they have against you.

 

If You Are Arrested at a Kentucky DUI Checkpoint

 

You will probably be asked to take a blood or breath test to determine your blood alcohol level after your arrest. Don’t refuse or your driver’s license will be revoked. Even worse, if you won’t take the tests and end up being convicted of a DUI, your sentence will be doubled and you won’t be able to receive a hardship license. Just take the test and deal with the results later – failing a BAC test doesn’t mean you’re automatically convicted of a DUI.

 

As any good Kentucky DUI lawyer will tell you, BAC machines make mistakes, and your positive results could be incorrect for many reasons, including poor calibration and differences in your body’s physiology. An experienced Kentucky DUI attorney will know what to look for and how to argue it in court.

 

This is why it’s so important for you to request a lawyer the second you reach the police station and then stop answering any questions. Talking to the officers just gives them further evidence to use against you, so exercise your right to remain silent until you can speak to a Kentucky DUI attorney and go over all of your options.