New York DUI Checkpoints

 

 

 

Police officers in New York use DUI checkpoints – also called “sobriety checkpoints” –to screen who they suspect of driving while under the influence of alcohol or drugs. These checkpoints are set up in predetermined, fixed locations where law enforcement officers can restrict the flow of traffic and check for signs of impairment in drivers. Ways of determining intoxication can include field sobriety tests or chemical tests, and it is common for officers to ask to see your driver’s license and registration at these checkpoints.

 

New Yorkers can expect to see DUI checkpoints throughout the year, but they are most prevalent late at night or early in the morning around holidays and events where large numbers of people will be drinking. The belief is that the community will be made safer through both the arrest of offending individuals and the widely publicized nature of DUI checkpoints. When people see the large and highly organized checkpoints, or even when they hear of them in newspapers or on TV, it will raise their awareness of DUI laws in New York and perceive that there is a high likelihood of being arrested for a DUI if they choose to drink and drive.

 

New York DUI Checkpoints: Are They Legal?

 

Yes. In the 1990 U.S. Supreme Court case of Michigan v. Sitz, the Justices voted 5 to 4 to uphold the right of law enforcement agencies across the country to carry out DUI checkpoints, saying that they believed the benefit such checkpoints offered to the public by detecting and decreasing the number of drunk drivers on the road was worth any unfortunate intrusion they caused on motorists lives.

 

Many disagree with the Court’s ruling, and continue to argue that DUI checkpoints violate the ban on illegal search and seizure set forth in the Fourth Amendment to the Constitution, but the Court’s response to these concerns was to argue that it was a “justified intrusion” so long as the sole purpose of the checkpoints was to detect DUI.

 

In practice, though, officers at many checkpoints cite things that have nothing to do with DUI detection, such at broken tail lights and tinted windows. These would seem to violate the Court’s “sole purpose” definition, but so far DUI checkpoints remain legal in 39 states across the country, including New York, so long as they abide by the guidelines set down by the state. These rules include:

 

• Checkpoint locations must be set by policymakers
• Checkpoint decisions must be made by supervisors
• A predetermined, random formula must determine how vehicles are stopped
• Drivers must only be detained for the minimum amount of time needed
• Advance notice of the roadblock must be given
• If the roadblock violates any of these rules, it can be considered illegal, and any information obtained from it is invalid.

 

If You Are Approaching a New York DUI Checkpoint

 

In the state of New York, it is legal for you to avoid going through a checkpoint by turning onto another highway. What this means is that as long as you are not breaking any other laws, the police are not allowed to follow you and pull you over just because you decide not to go through the hassle of a checkpoint. However, if you pull into a parking lot to get around a checkpoint, this is considered probable cause for the police to stop and investigate you.

 

If you do go through a checkpoint, once it is your turn you should come to a complete stop. Lower your window so that you can speak with the officer, and be sure to keep your hands visible and refrain from making any sudden movements – you don’t want to do anything that’s going to prompt action from the officer! Above all, be polite and remain calm throughout your interaction so that you pass the so-called “attitude test.”

 

Be prepared for the officer to ask for your name and address, and also for you to show your license and registration information. Always have this documentation ready and give it freely. Most likely, the officer will just run your license through the database and let you go. If, however, he or she begins asking questions beyond that, know that you are not required to answer any of them, and it is probably in your best interest not to do so. Things like “where are you going?” and “where have you been?” may seem innocuous, but you never know what information might become incriminating. Politely decline to answer their questions, and if they push further, say that you wish to speak to a New York DUI lawyer.

 

A field sobriety test might be offered to you at this time if the officer suspects that you’ve been drinking. Do not agree to take this test. It is not required, and most DUI attorneys will argue that it is designed for you to fail it, especially considering that your results are based on the subjective opinion of the officer administering it. Refusing this test limits any evidence that they have to use against you.

 

New York DUI Checkpoints: After You’ve Been Arrested

 

First things first – ask for a lawyer immediately. If you’ve already asked and haven’t been allowed to speak with one, ask again now. A New York DUI is a serious matter, and you want someone there representing your rights as early in the process as possible. At this point, you should also exercise your right to remain silent and quit answering any of their questions.

 

If you haven’t already been asked to take a BAC test, there is a strong chance that you will now. Depending on what machine the department employs, this could just be a simple breath test, but it could also involve taking your blood. Don’t panic if you test positive on one of these machines. There are any number of readings why you could have gotten a falsely positive result, and a good New York DUI lawyer will know exactly what to look for to try to get your incorrect reading thrown out of court. If you want to go over your options to get out of your New York DUI charge, contact a New York DUI attorney today.