DUI Checkpoints in Tennessee

 

DUI roadblocks, or sobriety checkpoints, are used in the state of Tennessee as a tool to catch drunk drivers. At a predetermined location, vehicles are stopped and the officer will look for signs that the driver has been drinking or using drugs. The goal is not only to arrest people for DUIs, but also to deter others from drinking and driving since they may have more fear of getting caught by law enforcement. In Tennessee, these checkpoints are set up once or twice a month, and they may be more common on weekends, nights, and in the early morning.

 

Are DUI Checkpoints Constitutional in Tennessee?

 

Yes. 11 states have outlawed the use of DUI checkpoints, but Tennessee is not one of these states. They abide by the decision in 1990 from the U.S Supreme Court. They voted 5 to 4 in the case Michigan v. Sitz that DUI checkpoints are not a violation of the Constitution or an illegal search and seizure protected against by the Fourth Amendment. Instead, they consider DUI checkpoints “justified intrusions” made in the public interest.

 

DUI checkpoints continue to be controversial, especially because they are less effective than the use of roaming patrols at arresting drivers who are intoxicated. Additionally, the stops make more citations for things unrelated to DUIs, such as tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses. They can be major money-makers for local governments, and people question whether this is what the U.S. Supreme Court meant to vote for in the 1990 case.

 

If You Are Stopped at a Tennessee DUI Checkpoint

 

First, bring your vehicle to a complete stop. Be sure that your hands are visible to the police officer, and don’t make any sudden or suspicious movements that may make the officer feel nervous. You want him or her to feel certain you are not a threat.

 

You may be asked to confirm your identity and provide your driver’s license, insurance information, and registration. You should do so in a calm and polite manner. But if the officer asks any further questions, you can politely decline to respond. This is in your best interest since you will avoid bringing any further suspicion to yourself. It can be tempting to answer questions that don’t seem harmful, or you may feel pressured to answer, but you should be aware that anything you say can be used as evidence against you, and answering some questions and not others can be seen as suspicious behavior. Remember, be polite and simply explain that you will not answer any further questions. You can even ask to speak to a lawyer if pressed.

 

Additionally, the officer may ask you to take field sobriety tests. You are probably familiar with these tasks, such as walking a line and touching your nose. But again, the officer’s goal is to gather evidence to use against you in court. You can avoid this by politely declining to participate. You are not required by law to perform the tasks.

 

The officer may also request that you comply to a portable breath test, and due to Tennessee’s implied consent laws, you must do so, or you can face consequences – even if you have not had a drop to drink.

 

After You Are Arrested for a Tennessee DUI

 

The first thing you should do is request a lawyer. As you already know, you want to continue to remain silent. Do not answer any questions once you are at the station. And if you’ve asked for a lawyer and have not been allowed to contact one, you can ask again.

 

Throughout any exchange with a police officer, it is crucial to pass the so-called “attitude test” by remaining calm, polite, and respectful even if you are declining to answer questions or perform a task.

 

Even if you have failed a breath test, you have many options for your defense. Many people do not realize that the breath machines are not infallible. There are many reasons why a result can be inaccurate, and a good Tennessee DUI lawyer will investigate all possibilities for you to ensure that you get fair treatment and will do his or her best to get the charges dropped or reduced for you.