DUI Checkpoints in Missouri

 

In Missouri, you’re more likely to see the DUI checkpoints if you’re out driving late at night or early in the morning over weekends, since that is when the highest rate of drinking and driving has been shown to occur. Holidays and other times of increased celebration also tend to bring out more checkpoints.

 

The belief is that high-visibility, highly-publicized DUI checkpoints not only help to catch drunk drivers, but also work as a deterrent by making people reevaluate their own risk of getting caught and arrested.

 

Are DUI Checkpoints Constitutional?

 

Many people believe that DUI checkpoints are illegal because they infringe on our Fourth Amendment rights against illegal search and seizure. In fact, the U.S. Supreme Court addressed this very question in the 1990 Michigan v. Sitz case. In a 5 to 4 decision, the Justices upheld the legality of DUI checkpoints, arguing that they were a justified intrusion due to the way they benefit the public interest by deterring DUI and decreasing the number of drunk drivers on the road.

 

A number of legal experts still think the Supreme Court was wrong on this issue, including 11 states, which have outlawed the practice of DUI checkpoints. Part of the problem is that officers at these checkpoints often give people citations for unrelated issues such as tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses. Not only do these things have nothing to do with deterring DUI, the fees attached to the citations are allowing local governments to profit. Moreover, DUI checkpoints have shown to be far more expensive and less effective than traditional roaming patrols.

 

What to Do If You Are Stopped

 

If you are stopped at a Missouri DUI checkpoint, the most important thing to keep in mind is that you are not required to tell the officer anything beyond providing him or her with your name, address, license, insurance information, and registration. Get your documentation ready, remain calm, and try to stay polite throughout the experience. And just like you would for any other police encounter, make sure they can always see your hands and refrain from making any sudden movements that they could misinterpret.

 

The goal of the officers at these DUI checkpoints is to get you to talk about whether or not you’ve been drinking and how much you’ve had, and they’ve most likely had training to help them get the responses out of you that they want. Do not be fooled by this. Remember that anything you say can and will be used against you, and keep your mouth shut to avoid incriminating yourself. If at any point you feel that things are getting too tense, ask to speak to a lawyer.

 

Another thing that might be asked of you is to take a field sobriety test or a breathalyzer. Until recently, Missouri citizens were allowed to refuse these tests as a part of their rights. Now, however, police have been granted the right to do a blood test on anyone who refuses to take either of these kinds of tests without getting a warrant.

 

If You Are Arrested at a Missouri DUI Checkpoint

 

After you are arrested, the officer should escort you to the local police station. When you arrive, immediately ask to speak to an attorney and don’t answer any more questions. You will probably be asked to take a BAC test if they haven’t given you one already. Depending on the type of machine the department employs, the test might involve getting a blood sample from you, or it may operate similar to a portable breath test, with you breathing into an apparatus. If you fail this test, remain calm – it doesn’t mean that you will automatically be given a DUI.

 

As experienced Missouri DUI attorneys will tell you, lots of things can cause these machines to give off false positive readings, including improper usage of the test, differences in your body physiology, and incorrect machine calibration. If you hire a DUI attorney to represent your case, this is exactly what they can argue when they attempt to get the test thrown out of the records. Find out your options today by contacting an experienced Missouri DUI attorney.