DUI Checkpoints in Vermont

 

A DUI checkpoint is a predetermined, fixed location where vehicles are stopped by law enforcement to determine if drivers are under the influence of alcohol or drugs. The idea is not only to catch violators of the law against drunk driving but also to discourage people from driving drunk in the first place since these locations may increase the perceived risk of getting caught. Usually, DUI checkpoints are used at times when it is believed more drinking will occur, such as weekends, nights, and early mornings. In Vermont, they are conducted on a weekly basis.

 

Are Vermont DUI Checkpoints Considered Constitutional?

 

In 1990, the case Michigan v. Sitz was heard by the US Supreme Court, and in a 5 to 4 vote, checkpoints were found to be Constitutional if they were intended to catch DUIs. Justices said that they were “justified intrusions” that are in the public interest – and not an illegal search and seizure protected against in the Fourth Amendment.

 

For many reasons, not everyone agrees with this decision. First, people do not believe that the 4th Amendment made an exception for cases such as DUIs. Secondly, the decision was arrived at for the sole purpose of catching drivers who were under the influence of alcohol or drugs. However, at the DUI checkpoints, people are being given citations for many other infractions, such as tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses. Studies have shown that roaming patrols are more effective than DUI roadblocks at catching drunk drivers, so many people believe that the reason they are still being used is to bring in money to local governments due to these citations that are unrelated to DUIs.

 

In 11 states, DUI checkpoints are not legal, but this is not the case in Vermont where DUI checkpoints have been upheld under state and federal law.

 

What to Do at a Vermont DUI Checkpoint

 

Bring your vehicle to a complete stop. Keep your hands visible and don’t make sudden movement to ensure the police officer that you are not a threat. You may need to roll down your window to hand over documents such as your driver’s license, insurance information, and registration, but you don’t need to roll it down all the way. Be aware that the officer will be looking for signs such as the smell of alcohol and bloodshot eyes, to determine if you have been drinking.

 

The police officer will ask you many questions. You can answer questions confirming your identity, address, etc, but beyond this, you should politely decline to respond. Even answering a few seemingly harmless questions can hurt you if you decide to refuse other questions later since this will actually appear more suspicious. The officer may try to “bully” you into responding. Remain calm, polite, and respectful, but stand your ground.

 

If you are asked to perform field sobriety tests, such as walking in a straight line and touching your nose, you can also refuse to do this. The goal of the officer at this point is to gather as much evidence as he or she can that you are intoxicated. By refusing, you are providing less evidence to be used against you in the case that you are charged with a DUI.

 

Vermont has an “implied consent” law, which means that you must comply with a breath test or you could face penalties – even if you haven’t had a drop to drink. Don’t worry if you fail the test. The machines are not always accurate, and there are many ways you can contest the results, such as improper machine calibration, incorrect administration of the test, and even your body’s physiology.

 

If You Are Arrested for a Vermont DUI

 

Don’t answer any questions posed by law enforcement. You have the right to an attorney – use it! You may be asked to take secondary chemical tests where alcohol is measured in your blood, breath, or urine, and you should comply to these exams as well. Being charged with a Vermont DUI is a serious matter. You can face jail time, fines, driver’s license suspension, and more. But you can fight for your rights and ensure that you get proper treatment. There may be ways to fight to get the charges reduced or even dropped with the help of an experienced Vermont DUI attorney.