DUI Checkpoints in Oklahoma

 

Once or twice a month, the state of Oklahoma sets up DUI checkpoints, which are fixed locations where vehicles are stopped to look for signs that the driver is intoxicated. This program is part of an effort to cut down on drunk driving by arresting people for DUIs and also by deterring people from driving while intoxicated in the first place. It is believed that DUI checkpoints make people feel like there is an increased risk of getting arrested for a DUI. You are more likely to encounter a DUI checkpoint at times and places where people are known to be drinking, such as late at night, early in the morning, on holidays, and near bars, clubs, and sporting events.

 

Oklahoma DUI Checkpoint Constitutionality

 

In most states, DUI checkpoints are legal. Only 11 have made them illegal. In Oklahoma, they were upheld by the state Constitution in the 1994 case, Geopfert v. State Ex Re.

 

But what about the U.S. Constitution? The U.S. Supreme Court heard arguments from both sides in the 1990 case Michigan v. Sitz. Many believed that DUI checkpoints are illegal searches and seizures we are protected against in the 4th Amendment. But ultimately, the Court disagreed in a 5 to 4 vote, ruling that they were Constitutional because detecting DUIs in this manner is a justified intrusion made in the public interest.

 

What’s interesting is that DUI checkpoints hand out more citations for issues such as tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses than DUI arrests. These citations bring in revenue to the local government, and many people believe this is why law enforcement continues to set up DUI checkpoints, even though they have been shown less effective than roaming patrols at arresting people for DUI.

 

If You Are Stopped at an Oklahoma DUI Checkpoint

 

The first step to getting through an Oklahoma DUI checkpoint without incident is to pass the so-called attitude test. You want to make sure the officer does not think you are a threat for any reason, so make sure your car is at a complete stop, your hands are visible, and you don’t make any sudden movements when the officer approaches your vehicle.

 

Next, the officer will ask for your identification and documents such as your driver’s license, insurance information, and registration. Be polite, confirm your identity, and provide the necessary documents.

 

From here, the officer may ask additional questions. Where are you driving from? Where are you headed? Did you have any drinks? These are the types of questions you should respectfully decline to answer. Even if you think you can answer some of them honestly without incriminating yourself, this can be a bad idea. If you avoid answering other questions later, this can seem suspicious. Instead, you should make use of your right to remain silent. You will keep yourself from unintentionally giving the officer evidence to use against you.

 

The officer may also ask you to take field sobriety tests, which are intended to determine how well your balance and coordination is. You can also politely decline to do these tests, because you may give evidence to be used against you. The tests are very hard to pass flawlessly even if you are totally sober, so any perceived slip-up will be used as evidence that you are intoxicated, whether or not you actually are.

 

You may then be asked to submit to a breath test. When deciding whether or not to accept, you should be aware that if you say no, you will automatically be given a driver’s license suspension. It could also reflect negatively against you if you are charged with a DUI.

 

If You Are Arrested for an Oklahoma DUI

 

Once you are arrested, you should continue to exercise your right to remain silent. You may have to comply with another BAC test, which can involve testing your urine, blood, or breath. You should also ask to speak with an Oklahoma DUI attorney as soon as possible, because he or she can help you to get charges dropped or reduced, and work toward the best possible outcome for you. Just because you failed a breath test doesn’t mean you are guilty. There are many reasons why the results may have been inaccurate, and an experienced Oklahoma DUI attorney can help you look into those.