DUI Checkpoints in South Dakota

 

One tool that law enforcement in South Dakota use to detect DUIs is the roadblock. These are predetermined places where vehicles are stopped and officers examine drivers for signs that they have been drinking or using drugs. Officers not only want to arrest people but also hope to deter others from driving while intoxicated. DUI checkpoints are conducted on a weekly basis and may be more likely on weekends, at night, and in the early morning.

 

Are DUI Checkpoints Constitutional in South Dakota?

 

Although 11 states have made DUI checkpoints illegal, South Dakota has not, and this decision was upheld by the 1990 U.S Supreme Court case Michigan v. Sitz. In a 5 to 4 vote, it was decided that a DUI checkpoint is not an illegal search and seizure which violated the Constitution under the 4th Amendment, and instead is just a “justified intrusion” made in the public interest.

 

There has been further controversy about DUI roadblocks since they catch more people for violations such as tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses than they do for DUIs. These violations bring in fees for the local government, which may be why DUI roadblocks continue to be used even though roaming patrols have been shown to be more effective.

 

What If You Are Stopped at a South Dakota DUI Checkpoint

 

Be aware that if you are approaching a DUI checkpoint in South Dakota, you must stop. You cannot attempt to avoid it because this can be used to justify stopping you anyway as was decided in the South Dakota case State v. Thill in 1991.

 

So when you arrive at the roadblock, bring your car to a total stop. As the officer approaches, make sure your hands can be seen and don’t make any sudden movements. He or she may ask you to identify yourself and provide your driver’s license, insurance information, and registration. Be calm and polite and comply with these requests.

 

However, if you are asked further questions, you have the right to remain silent and it is in your best interest to do so. Simply tell the officer that you decline to reply, and that you will not answer any further questions. He or she may try to pressure you into answering, but know that anything you say can only hurt you. Even answering some questions and avoiding others can be used to show “suspicious behavior” that can result in an arrest.

 

You may also be asked to do field sobriety tests, such as walking in a line and touching your nose. You are probably familiar with these from TV and the movies, but you may not be aware that you are not required to comply. You can again politely refuse. Many DUI lawyers will tell you that these tests are designed for you to fail, so you will only be providing the officer with more evidence to use for an arrest.

 

From here, the officer may then request that you take a breath test. When you got your driver’s license, you gave your implied consent for BAC tests, so you must comply or you could face consequences, even if you have not been drinking.

 

After You Are Arrested for a South Dakota DUI

 

Being arrested for a South Dakota DUI is a serious matter. You can face jail time, driver’s license suspension, fines, court fees, and other penalties that affect all aspects of your life and your future. Protect your freedom and your wallet by asking to speak with a South Dakota DUI attorney.

 

You should not answer any additional questions. Remember, you still have the right to remain silent. You may also be asked to take additional BAC tests after you are arrested, and you should comply. You should be aware that failing a breath test does not mean you are guilty of DUI. There are many reasons why the results could have been inaccurate. The machines are not perfect and often have errors due to user mistakes and improper calibration and maintenance. It is even possible that your body’s physiology could have caused falsely high results.

 

No matter what your situation, it is in your best interest to get legal representation. A qualified South Dakota DUI lawyer can help you explore all the possible avenues for your defense and help you work to get charges reduced or even dropped.