DUI Checkpoints in North Dakota

 

In the state of North Dakota, DUI checkpoints are set up to catch drivers who are intoxicated. Officers stop vehicles at a fixed location using predetermined criteria in order to check if the drivers have signs of drinking alcohol or using drugs. The goal is not only to arrest more people but also to increase the public’s awareness of DUI arrests so they don’t drive drunk in the first place. Often, they are held at night, in the early morning, on weekends, and near places with a busy nightlife, such as clubs, bars, and sporting events.

 

Are North Dakota DUI Checkpoints Constitutional?

 

Many legal scholars believe that the Fourth Amendment, which prohibits illegal searches and seizures, makes DUI checkpoints against the Constitution, which is why in 1990, the Supreme Court heard the case of Michigan v. Sitz. They determined that DUI checkpoints are not illegal searches and seizures and instead considered them a justified intrusion made in the interest of the public.

 

Even today, people continue to believe they should not be allowed, and they have even been outlawed in 11 states. The truth is that most DUI checkpoints issue more citations for things like tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses than arrests for driving under the influence, and roaming patrols have been shown to be more effective at detecting drunk drivers. Many believe that they continue to be used only because of revenues from the citations which help support local governments.

 

Despite the controversy, DUI checkpoints are legal and upheld by the North Dakota state Constitution.

 

If You Are Stopped at a North Dakota DUI Checkpoint

 

Come to a complete stop, keep your hands where they can be seen, and don’t make any sudden movements that may seem threatening to the officer. You want him or her to be calm when approaching. He or she will be looking for signs that you are intoxicated, such as bloodshot eyes, the smell of alcohol on your breath, and even open containers of alcohol in your car. If you do not have any symptoms, you should be allowed to drive on.

 

You may also be asked a series of questions, which the officer will try to use as evidence that you have been drinking. You might be asked where you came from and if you had anything to drink. You don’t have to answer these questions, and it is in your best interest to politely decline, since anything you say can be used against you, even answers to questions that seem harmless. (Although if you are asked to provide your driver’s license, insurance information, or registration, you should hand these documents over.)

 

Additionally, you can decline to participate in any of the field sobriety tests. These are balance and coordination tests like standing on one leg or walking in a straight line. Again, you will just be giving the officer information to potentially use against you. Many North Dakota DUI lawyers say that these tests are designed for you to fail.

 

One test you should consider complying to is the breath test. If you refuse it, you can have your driver’s license suspended for one year or more, and it can result in increased penalties if you are charged with a North Dakota DUI.

 

You Are Arrested for a North Dakota DUI

 

Bring arrested for a DUI in North Dakota can be overwhelming. You face many harsh penalties, such as high fines, jail time, driver’s license suspension, and more. Many people believe that just because they failed a breath test, they are guilty. But the truth is there are many reasons why that test may be inaccurate, including improper calibration of the machine, inadequate maintenance of the machine, and incorrect administration of the test.

 

Also, there are specific rules that the officers must follow at the DUI checkpoint and when making your arrest. It is in your best interest to remain silent at the police station and simply ask to speak with a lawyer. An experienced North Dakota DUI attorney can help you determine what possibilities for your defense are available and help you to work toward getting the DUI charges dropped or reduced.