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We’ve all been there. It’s a holiday weekend, and you’re on your way home from a BBQ with friends when a DUI checkpoint suddenly appears. Realizing you might be over the limit can be nerve-racking. Having a designated driver is the best decision you can make to protect yourself and others on the road.
DUI checkpoints, also known as sobriety checkpoints, are temporary roadblocks set up by law enforcement to identify and deter impaired drivers. Unlike traditional traffic stops, these checkpoints allow officers to briefly stop vehicles without specific suspicion of wrongdoing. The primary goal is public safety, particularly during high-risk times such as holiday weekends when alcohol consumption increases. In Virginia and Tennessee, DUI checkpoints are legal as long as they meet constitutional guidelines, including proper planning, neutral stopping criteria, and advance public notification. These checkpoints play a critical role in reducing drunk driving accidents and saving lives.
Being arrested for DUI after failing a checkpoint stop carries serious legal and personal consequences. In Virginia, even a first-time DUI offense can lead to fines, a 12-month driver’s license suspension, mandatory alcohol education classes, ignition interlock device installation, and up to one year in jail. Tennessee enforces similar penalties, including mandatory jail time and license revocation. Beyond legal ramifications, a DUI conviction can lead to skyrocketing insurance premiums, employment difficulties, and a permanent criminal record. These lasting effects underscore why consulting an experienced DUI defense attorney in Virginia or Tennessee is crucial if you’re charged.
Holidays like Memorial Day, July Fourth, and New Year’s Eve often bring elevated DUI incidents due to widespread celebrations involving alcohol. Planning ahead is the smartest way to avoid legal trouble. Always designate a sober driver before heading out. Consider using rideshare services like Uber or Lyft or arrange to stay overnight if necessary. Moderating alcohol intake, drinking water between alcoholic beverages, and knowing your personal tolerance can help prevent exceeding the legal BAC limit. Remember, the best way to avoid a DUI is never to drive after drinking, no matter how little you think you’ve consumed.
When blood alcohol content (BAC) is more than .08%, you risk receiving a DUI. You may be surprised to know that reaching .08% BAC takes little effort. Everyone metabolizes alcohol differently, so it may be difficult to know when you’ve reached your limit if you aren’t careful.
A 140-pound woman who consumes 3 drinks is well over the legal driving limit reaching .11%
For a 180-pound man, just four drinks can result in a BAC of .08%. These numbers highlight how quickly a social evening can turn into a legal nightmare if you’re not careful.
When approaching a DUI checkpoint, it’s crucial to understand your constitutional rights. You are required to present your driver’s license, registration, and proof of insurance, but you are not obligated to answer questions about where you’ve been or whether you’ve consumed alcohol. You also have the right to decline field sobriety tests; however, refusal may result in license suspension under implied consent laws in Virginia and Tennessee. Breathalyzer or chemical tests requested after an arrest are generally mandatory, and refusal can carry significant penalties. Staying informed about your rights can help you navigate these encounters calmly and legally.
Checkpoints are put in place on holidays and weekends where it is anticipated that there will be a large number of drunk drivers on the road. Drunk drivers were responsible for an average of 28 deaths a day in 2016.
A sobriety test occurs when law enforcement suspects that a person has been driving while under the influence of drugs or alcohol.
A Breathalyzer, also known as a chemical test, may be administered to the driver. This is when either your breath or urine are tested to check your blood alcohol concentration.
In a sobriety test, the driver will be required to pass three different tests that check their ability to function cognitively.
When conducting these tests, police are looking to see if you are swaying, whether you can take direction, if you are using your arms for balance, etc. According to research, 83% of people who do not pass at least two of the above often have a BAC above .08%.
If you are stopped at a DUI checkpoint, remain calm, respectful, and cooperative. Follow the officer’s instructions, provide your identification, and avoid making incriminating statements. You have the right to remain silent and request legal counsel if arrested. It’s essential to document the encounter if you believe your rights were violated. Politely declining field sobriety tests can be a strategic choice, but it’s important to understand the possible legal implications. Seeking immediate legal advice from an experienced DUI defense attorney can make a significant difference in the outcome of your case.
There are critical mistakes that can worsen your situation during a DUI checkpoint. Never attempt to evade a checkpoint through illegal U-turns or detours, as this can raise suspicion and lead to immediate pursuit. Avoid arguing with law enforcement or displaying confrontational behavior. Do not volunteer information about your drinking habits, as anything you say can be used against you in court. Additionally, attempting to perform sobriety tests when you feel unsure of your balance or coordination can be detrimental. Staying composed, informed, and exercising your rights are the best ways to handle a checkpoint stop.
Although it can be tempting to think you are okay after a few drinks, it is never a good decision. Getting behind the wheel could not only put yourself at risk, it could also have an impact on those you share the road with. If you find yourself at a checkpoint and are charged with a DUI, contacting a knowledgeable DUI lawyer will be beneficial in navigating the legal process.
If you’ve been charged with a DUI after being stopped at a checkpoint, don’t face the legal system alone. At The Law Offices of Mark T. Hurt, we have extensive experience defending drivers in Virginia and Tennessee against DUI charges. Our team understands the complexities of DUI checkpoint laws and will fight to protect your rights, minimize penalties, and seek the best possible outcome for your case. Contact us today for a free consultation and let an experienced DUI defense attorney guide you through the legal process. Call now or fill out our online form to get started.
