DUI Checkpoints in Virginia

 

Throughout the United States, it is illegal to drive while intoxicated. DUI checkpoints are part of the effort to stop people from doing so. They are predetermined locations where law enforcement stops vehicles in an effort to find people who are driving after drinking or using drugs. They are often used on weekends, nights, and early mornings, and in Virginia, DUI checkpoints are conducted on a weekly basis.

 

Are Virginia DUI Checkpoints Legal Under the Constitution?

 

In the case Michigan v. Sitz, which was heard before the U.S. Supreme Court in 1990, the justices rules in a 5 to 4 vote that DUI checkpoints were not an illegal search and seizure protected against in the Fourth Amendment. They considered them a “justified intrusion” because it was in the public interest to find drunk drivers. However, many legal experts disagree with the opinion and derisively refer to it as the “DUI exception to the Constitution.”

 

What’s interesting is the exception was made because these checkpoints were set up specifically to catch DUIs. However, they catch more people for minor infractions, such as tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses. These issues bring in revenue for the local government, which may be why DUI checkpoints are still popular even though they have been found less effective than roaming patrols.

 

Eleven states have made DUI checkpoints illegal, but in Virginia, they are legal and used regularly.

 

If You Are Approaching a Virginia DUI Checkpoint

 

You should be aware that you are allowed to legally maneuver away from a DUI checkpoint in order to avoid it, but if the move seems “conspicuous,” it can be grounds to stop you anyway. What is conspicuous may be at the police officer’s discretion, so be careful if you decide to try to avoid a DUI checkpoint.

 

If you are stopped, you should keep your hands visible so the police officer knows that you are not a threat. You should then roll down your window and answer questions that the police officer has about your identity, which may include showing your driver’s license, insurance information, and registration, if he or she requests them. At this point, the officer is looking for signs that you have been drinking, such as bloodshot eyes and the smell of alcohol on your breath.

 

He or she will likely ask you a series of questions, such as if you were drinking and where you just came from. You are not required to answer these questions, and even if they seem harmless, it is often in your best interest to politely refuse to answer any of them. Answering some questions and not others can actually seem more suspicious than refusing to answer all questions.

 

You may also be asked to perform a field sobriety test or a breath test. You are not required to do the field sobriety test, and you shouldn’t since the results can only be used against you. But you are required under an “implied consent” law in Virginia to comply with a breath test, or your driver’s license could be suspended for a year or longer.

 

Remember, the most important thing is to be calm, polite, and respectful throughout the entire exchange with the cop, even if you are refusing requests.

 

If You Are Arrested at a Virginia DUI Checkpoint

 

After your arrest, you will be brought to a police station where you may be asked to take secondary chemical tests where alcohol is measured in your blood, breath, or urine. You must also comply with these tests. But again, you do not need to answer any questions that the police officers pose to you. Instead, you should request to talk with your Virginia DUI attorney.

 

Facing a DUI charge is a serious matter. You can face jail time, a driver’s license suspension, high fines, and other penalties. But the good news is that, even if you failed a breath test, there are many ways that the results can be contested. Many issues such as improper machine maintenance and your own body’s unique physiology can affect the accuracy. An experienced Virginia DUI attorney can tell you what options you have for getting your case thrown out or the charges brought against you reduced in order to avoid penalties.