When local law-enforcement in Oklahoma City put up DUI checkpoints, it’s always in the best interest of every citizen to comply with the officers demands. There are some obligations you have under the law, but there are also some rights that you enjoy. In most cases, it’s not a good idea to attempt to enforce your rights on your own at the moment. Typically, the best course of action is to do whatever the officers ask, and, if your rights are violated, to immediately contact a DUI attorney in the Oklahoma City area with experience in defending against criminal charges.
From a DUI Attorney: Rights and Obligations at DUI Checkpoints
Are They Legal?
DUI checkpoints are set up to deter and catch drivers who are under the influence of alcohol or drugs. They are strategically placed in areas with a high incidence of drunk driving, and the main goal is to enhance road safety by identifying impaired drivers before they can cause harm. These checkpoints are usually announced in advance to the public, but they can be unexpected.
The question of whether they are constitutional is still often debated, but, for now, the Oklahoma Highway Safety Office has decided that they are based on a Supreme Court decision on a case out of Michigan, where the court ruled that because of the enormous risks of drunk driving and the number of accidents that occur because of it, drunk driving is a danger to everyone on the public roads and thus roadblocks are justified to prevent accident and injury in the name of public safety.
There are still regularly some attempts to question the legality of these roadblocks based on personal privacy concerns, but so far, the Oklahoma courts have consistently ruled them as constitutional when they are properly performed.
When They Might Not Be Constitutional
These checkpoints are only considered constitutional if they follow specific guidelines. These stops must offer as minimal an intrusion for motorists as possible, the checkpoint locations must be predetermined, and the officers must follow procedure in stopping vehicles. If your lawyer is able to show that the circumstances of the checkpoint violated any of these guidelines, it may be possible to have a DUI charge dropped.
Your lawyer would need to show, however, that the checkpoint was too intrusive, that the roadblock wasn’t related rationally to the stated purpose, or that you were treated differently than other motorists. For example, officers cannot pull over some cars and not others at a checkpoint based on a hunch or because of something like the driver’s skin color or the type of vehicle they are driving.
Additionally, motorists have the right to turn around to avoid a DUI checkpoint; however, if officers choose to, they can often add this to even very slight “off” driving behavior and call it reasonable suspicion of impairment.
Your Rights at a DUI Checkpoint
First and foremost, you have the right to remain silent. You are not required to answer questions about where you have been or where you are going. Politely decline to answer any questions.
You also have the right to refuse a search of your vehicle. Unless the officer has probable cause or a warrant, they cannot search your car without your consent. If an officer requests to search your vehicle, clearly state that you do not consent to the search. However, remain calm and cooperative, as any form of resistance can escalate the situation.
Obligations at a DUI Checkpoint
While you have rights at a DUI checkpoint, you also have legal obligations. You must stop at the checkpoint when directed by an officer, and you can be fined and arrested for failing to do so. Additionally, you are required to provide your driver’s license, registration, and proof of insurance upon request.
You are required to step out of the vehicle if asked to do so, but you are not required to comply with a sobriety test. However, remember that Oklahoma implied consent laws mean that by driving, you agree to these tests if an officer has reasonable grounds to believe you are impaired. Refusing these tests can result in an automatic license suspension and other penalties.
Field Sobriety Tests
Field sobriety tests are used by officers to assess your level of impairment. These tests include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test. Each of these tests is designed to evaluate your coordination, balance, and eye movements, which are all usually affected by alcohol or drug consumption. Refusing to take these tests can be used against you in court, and it may not prevent an arrest if the officer believes there is sufficient evidence of impairment. If you choose to perform the tests, follow the officer’s instructions carefully, as improper performance can also be used as evidence of impairment.
Breathalyzer Tests
Breathalyzer tests measure the alcohol content in your breath and are a common tool used at DUI checkpoints. In Oklahoma, you are legally obligated to submit to a breathalyzer test if an officer has reasonable suspicion that you are under the influence. Refusing the test can lead to an automatic license suspension for six months for the first offense and longer for subsequent offenses.
If the test indicates a blood alcohol concentration (BAC) of 0.08% or higher, you can be charged with a DUI. However, breathalyzer tests are not infallible and can be challenged in court, so always connect with a DUI lawyer as soon as possible to get help here. A lawyer will look into whether there was improper calibration of the device, whether certain medical conditions you might have could have affected it, and whether the officers administered it correctly.
How to Handle a DUI Checkpoint
When you approach a DUI checkpoint, remember that you do have the right to turn around to avoid it. However, if you do so too late or in a suspicious manner, the police will likely follow you and combine your turning around with even the slightest oddity in your driving manner to give themselves probably cause to stop you.
At that point, you should do the same as if you’d been stopped at the checkpoint:
- Remain calm
- Politely refuse to answer questions that could incriminate you
- Follow the officer’s instructions
- Have your documents ready to present
- Be polite and respectful in your interactions.
If you’re asked to perform field sobriety tests or take a breathalyzer test, consider the potential consequences of refusal. It’s almost always better to comply and contest the results later than to refuse. If you are arrested, request to speak with an attorney immediately. Do not answer any questions or make any statements without your attorney present.
Legal Consequences of a DUI Arrest
In Oklahoma, even a first-time DUI offense can result in fines, jail time, and a license suspension. Subsequent offenses carry even harsher penalties. You may also be required to take alcohol education or treatment programs. A DUI arrest can also have long-term effects on your personal and professional life by leading to increased insurance premiums, difficulty finding employment, and a permanent criminal record.
Getting arrested for a DUI is a serious thing, and you need qualified, experienced legal help. Contact us at Cannon & Associates right away for experienced criminal defense.