DUI Checkpoints in Pennsylvania

 

Several hundred DUI checkpoints are conducted in Pennsylvania every year in order to try to catch drunk drivers. These are locations where a predetermined standard is used to stop vehicles to look for signs of intoxication. Law enforcement hopes that in addition to catching more drunk drivers, they will also deter other people from driving while intoxicated in the first place. In Pennsylvania, it is required that DUI checkpoints be conducted where verifiable criteria shows a history of drunken driving incidents and arrests at the place and time. This may be more likely at night, early morning, on holidays, and in areas near bars and sporting events.

 

DUI Checkpoint Constitutionality in Pennsylvania

 

In 11 states, DUI checkpoints have been made illegal, but this is not the case in Pennsylvania where they have been upheld by the State constitution. Additionally, the U.S. Supreme Court upheld DUI checkpoints under the U.S. Constitution in the 1990 case Michigan v. Sitz. In a 5 to 4 vote, they said that DUI roadblocks were justified intrusions that were in the public’s interest. They did not decide that they were illegal searches and seizures that are protected under the 4th Amendment to the Constitution as many people believe them to be.

 

In light of the fact that the ruling made this “exception” solely for the purpose of detecting DUIs, it is interesting to note that these checkpoints write more citations for other issues such as tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses. This may be why, even though roaming patrols have been shown to be more effective at detecting DUIs, that checkpoints continue to be used – because they bring money to local governments in fees and penalties from these citations.

 

What to Do If You Are Stopped at a Pennsylvania DUI Checkpoint

 

Your goal is to not make an impression on the cop. You don’t want to make them nervous that you will be a threat, so keep your hands in plain view and don’t make any sudden movement. And you want to pass the attitude test by being polite, calm, and respectful throughout your encounter even, if you are declining to do what the officer asks.

 

You should always provide the officer with your identification and any required documents, such as your driver’s license, insurance information, and registration. But beyond this, you are not required to provide additional information, and it’s better that you don’t. Why? Because even answering some seemingly harmless questions can be detrimental. If you then decline to answer other questions, this can seem suspicious. It’s better to politely decline to answer anything that is asked of you. You have the right to remain silent, so use it!

 

You may also be asked to take field sobriety tests. Again, you can decline since these tests can only be used against you. And most DUI attorneys will tell you that they are designed for you to fail! Why give the officer more evidence that you are intoxicated? Be polite, but don’t do the tests.

 

Unfortunately, you are required to comply with a breath test under Pennsylvania law. You gave your implied consent when you got your driver’s license. If you refuse, you can face an automatic driver’s license suspension – whether or not you have been drinking. But if you fail the test, don’t worry! There are many reasons why it could have been wrong. The machines are not perfect, and there can be issues with calibration and the administration of the test. Additionally, unique aspects of your body physiology can affect results.

 

If You Are Arrested for a Pennsylvania DUI

 

Pennsylvania has strict laws for DUI offenses, so if you are arrested, you should take the situation seriously. You could get jail time, fines, a driver’s license suspension, and other penalties. Do not answer any questions from law enforcement. Just as you did at the checkpoint, exercise your right to remain silent. And you should ask to speak with an experienced Pennsylvania DUI lawyer. The sooner you get him or her involved, the better your chances are at beating the charges. There are many ways you can contest breath test results, and he or she can also confirm that the appropriate protocol and procedures were followed for your test and at the DUI checkpoint itself.