DUI Checkpoints in Nevada

 

Nevada law enforcement officers set up DUI checkpoints by cordoning off specific areas on public roads and stopping cars to see if anyone is driving under the influence of alcohol or drugs. You don’t have to be breaking any laws or displaying any strange behavior in order to be stopped – the point of a checkpoint is that everyone is supposedly treated the same.

 

Checkpoints in Nevada occur twice monthly, but it is not odd to see an increase around holidays, when more people will be drinking. Most commonly, checkpoints are set up late at night or early in the morning when people are driving home from bars and other establishments that serve alcohol. Law enforcement tends to place them in highly trafficked areas, and sometimes in areas that have had a high number of alcohol-related offenses recently.

 

The point of these checkpoints is not only to arrest people who are drinking and driving, but also to serve as a highly-visible reminder of the state’s DUI laws and deter people from driving under the influence in the first place.

 

Are DUI Checkpoints Legal in Nevada?

 

This question was answered nationally in 1990, when the U.S. Supreme Court upheld the legality of DUI checkpoints by a 5 to 4 vote in the Michigan v. Sitz case. Justices argued that the sole purpose of these checkpoints was to detect DUI, something they thought was in the interest of the public, and that was more important than the “little violation” of our rights against illegal search and seizure.

 

11 states do not agree with this ruling, outlawing the practice based on their state constitutions, but unfortunately Nevada is not one of those states. As long as DUI checkpoints are properly administered under the guidelines the state has put in place, they are considered legal. These guidelines include:

 

• Checkpoint must be established on a highway
• Checkpoint must be clearly visible to approaching traffic from both directions at a distance of no less than 100 yards
• A sign reading “Stop” in letters large enough and bright enough to be readable at a distance of no less than 50 yards in either direction has to be placed near the middle of the highway
• A flashing red light must be placed at the side of the highway next to the checkpoint, clearly visible to oncoming traffic for 100 yards in either direction
• At a distance of at least a quarter mile from the roadblock, warning signs must be placed at the side of the highway to notify oncoming traffic that a police stop is coming up; this sign has to be big and bright enough for drivers to see it, and law enforcement must also place a burning flare, beam light, or lantern near the sign to attract attention

 

If You Are Approaching a DUI Checkpoint in Nevada

 

You are allowed to avoid the checkpoint if you notice warning signs telling you that one is coming up and you are able to take a legal detour before you reach it. However, once you reach the checkpoint, you cannot simply drive through it or disobey the orders of the officers running it. If you do, you will face severe penalties.

 

Driving away without causing property damage or harm to anyone could still end up being a misdemeanor and land you up to a year in jail and $2000 in fines. And if you do cause “substantial bodily harm” or more than $1000 in property damage getting away, you will be charged with a category B felony, which carries with it the possibility of 1 to 6 years of prison time and a $5000 fine.

 

Once you are at the checkpoint, the process should be relatively routine. You will stop your car for an officer and lower your window to speak with him or her. The officer will possibly shine a light in your vehicle in an attempt to find open containers of alcohol or other illegal substances, and will likely ask for your name and address, as well as your license and registration. Politely provide them with this information, and as with any police encounter in your vehicle, remain calm and make no sudden movements that could prompt them into action.

 

At this point, the officer should either wave you on or they will start asking you questions about your evening. Things like “where are you coming from?” “where are you headed?” and “have you been drinking?” You are not legally required to answer any of those questions or provide any information beyond name, address, license, and registration. Since it is better to simply answer none of these questions than it is to start answering and then stop when you realize you are going to get yourself into trouble, the best course of action is to politely decline to answer anything. If the officer pushes you, ask to speak to an attorney.

 

Another possibility is that the officer will ask you to take a field sobriety test. Again, politely decline. Whether or not you pass these tests is completely up to the subjective opinion of the officer administering it to you, and most Nevada DUI attorneys will tell you that they are designed for you to fail them. By not taking it, you are limiting the evidence they have against you.

 

After You Have Been Arrested at a DUI Checkpoint

 

 

You will likely be asked to take a blood alcohol content (BAC) test at this point if you haven’t been asked to do so previously. Depending on the type of machine employed by the police department, this might just be a simple breath test, or it might involve taking your blood. Don’t panic if you fail the test, it doesn’t mean that you are guaranteed to be convicted of a DUI.

 

 

Your best course of action at this point is to seek out an experienced Nevada DUI attorney who is familiar with the many reasons BAC machines can give out false readings and attempt to get the findings thrown out of court. You can also start planning your overall defense and trust that you are in the hands of someone who knows the ins and outs of Nevada DUI laws.