DUI Checkpoints in South Carolina

 

A predetermined, fixed location where vehicles are stopped in order to allow officers to examine drivers for evidence that they are intoxicated is called a DUI checkpoint. The idea is to catch more people who are driving under the influence, as well as discourage others from driving drunk in the first place. Police officers try to conduct these checkpoints in places and times where people may be more likely to drink, so there is a higher chance that you will encounter one on weekends, nights, early mornings, holidays and near bars and sporting events.

 

In South Carolina, Are DUI Checkpoints Constitutional?

 

Even though 11 states have made DUI checkpoints illegal, South Carolina has found them legal. In 1990, the U.S. Supreme Court heard the case Michigan v. Sitz, and they ruled in a 5 to 4 vote that DUI checkpoints were “justified intrusions” because it is in the public interest to keep drunk drivers off the street. They did not find them to be an illegal search and seizure that we are protected against under the 4th Amendment as many people believe they are.

 

Today, they are used in many states, but the reason for their widespread use is questionable since roaming patrols have been found to be more effective at locating and arresting drunk drivers. Some people believe that they continue to be used more as a means for getting revenue for local governments since these DUI roadblocks do catch people frequently for other citations, such as tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses, that bring in money with fees and penalties.

 

If You Are Stopped at a South Carolina DUI Checkpoint

 

As with any time you are stopped by a cop, you should make sure to keep your hands visible and not make any sudden movements that may make the officer concerned. You may be asked to confirm your identity and provide documentation, such as your driver’s license, insurance information, and registration. You should comply with this request, and to do so, you may have to roll down your window. You are not required to roll it down all the way. Be aware that the officer may be trying to smell alcohol on your breath.

 

Once the officer has reviewed your documents, he or she may ask other questions, such as where you came from and if you have been drinking. Under no circumstances should you say that you’ve been drinking anything, since this can be seen as an admission of guilt. In fact, it is in your best interest to avoid answering all questions since answering some and not others can qualify as suspicious behavior. Instead, politely decline, even if the officer tries to pressure you into answering.

 

The officer may also ask you to participate in field sobriety tests, which can include walking in a line and other balance and coordination tasks. You do not need to do these tests, and even if you think you will perform well, you should politely decline. Since you do not understand exactly what you are being “graded” on and the results are very subjective and based on the officer’s opinion, it can be very hard to pass a field sobriety test. Instead, you are usually giving additional evidence for the officer to use against you if you are arrested.

 

You may also be asked to take a breath test, and you should know that refusing can result in a driver’s license suspension or other consequences since you gave your “implied consent” when you got your driver’s license.

 

If You Are Arrested for a South Carolina DUI

 

Being arrested for a DUI can be scary. As you likely know, it is a serious matter with stiff consequences that can include jail time, driver’s license suspension, volunteer hours, fines, and other penalties. But just because you are being charged doesn’t mean you are guilty. Even if you failed a breath test, you have options for your defense. It is possible the results are wrong. A qualified South Carolina DUI attorney can help you to explore the options you have for your defense and try to get your case dismissed or the charges reduced. It is in your best interest to get legal representation as soon as possible and to exercise your right to remain silent when talking with law enforcement.