DUI Checkpoints in Utah

 

A Utah DUI checkpoint is a location where cars are stopped by police officers in order to find people who are driving while intoxicated. The idea is not only to increase DUI arrests but also to discourage people from driving while drunk in the first place since they may hear about the DUI checkpoints and believe there is a higher chance that they will be caught by law enforcement. Typically, the police will try to schedule the DUI checkpoints at times and places where drinking may be more frequent, such as near bars and sporting events, and on weekends, nights, and early mornings. In Utah, DUI checkpoints are conducted about every other month.

 

Are Utah DUI Checkpoints Constitutional?

 

The 1990 U.S. Supreme Court case Michigan v. Sitz decided in a 5 to 4 vote that DUI checkpoints are not a violation of the Constitution. Some believed (and continue to believe) that it was an illegal search and seizure protected against by the Fourth Amendment, but the ruling called it a “justified intrusion” in the public interest.

 

Even though the ruling made a stipulation that the roadblocks were Constitutional only for finding drivers who were under the influence, today many roadblocks write a much higher number of other citations, for things like tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses. These citations bring in revenue to local governments, so it brings up the question about whether these roadblocks are really intended to detect DUIs or if they are just a money-making method, especially since roaming patrols have proven more effective for locating drivers under the influence.

 

Eleven states have made DUI checkpoints illegal, but Utah is not one of these states.

 

What to Do at a Utah DUI Checkpoint

 

If you are approaching a Utah DUI checkpoint and can legally maneuver to avoid it, you can do so. The 1991 case State v. Sims decided that avoidance of a DUI checkpoint does not justify a stop. But if you make an illegal move, you can be stopped, so be sure you are following all laws, including using your signal.

 

If you must stop at the Utah DUI checkpoint, come to a complete stop. Your hands should be visible to the cop, and you should avoid making any sudden movements that may make the police officer feel threatened. The officer may ask for your driver’s license, insurance information, and registration, and you will need to lower your window to communicate and hand these documents over. But you don’t need to roll it all the way down, as it can provide the officer with more opportunity to check you over for signs of drinking, such as trying to smell alcohol on your breath.

 

You may be asked questions, and you should confirm your identity, but beyond that, you can remain silent to protect your rights. Anything you say can be used against you, and even answering questions that seem harmless can hurt you if you try to avoid more sensitive questions later. It’s best to kindly refuse to answer anything.

 

You may also be asked to perform field sobriety tests, such as balance and coordination tasks, but you are not required to do so. Even if you think you can pass flawlessly, you may not understand what is being judged, so it’s best to refuse to do the tests. Many DUI lawyers will tell you that the tests are essentially designed for you to fail, and by refusing you are giving up less evidence that can be used against you.

 

If you have not been arrested yet, you can also refuse to take the portable breath test. You have this right, and again you will be giving them less evidence.

 

After You Are Arrested for a Utah DUI

 

After you are under arrest for a Utah DUI, you must comply and give a breath test or you could face a driver’s license suspension for over a year. But again, don’t answer any questions from the cops. Instead, ask to talk to a lawyer. A qualified Utah DUI attorney can help you navigate the situation. Even if you failed a breath test, the good news is that there are many ways to fight the results and prove they were inaccurate.