Do police officers need probable cause to issue field sobriety tests, or are DUI checkpoints legal for all motorists? The answer involves some nuance since DUI laws vary for each state. Discover the legality of sobriety checkpoints in Arizona in this helpful guide from Steven George Law, the leading DUI attorney in Phoenix, AZ.

What to Expect at a DUI Checkpoint

If you’re driving along a main road and notice law enforcement officials lining the street and talking to the motorists in front of you, it’s likely a DUI checkpoint. The main purpose of these traffic stops is to reduce drunk driving accidents and identify impaired drivers. If you enter a checkpoint area, you can expect the following to occur:

Police will set up DUI roadblocks to slow traffic.
Officers ask for the motorist’s driver’s license and registration, as well as questions to screen motorists for warning signs of impaired driving, such as slurred speech or other suspicious behavior.
If the law enforcement officer doesn’t have reasonable suspicion that someone is driving under the influence, they’ll let the driver continue past the checkpoint.

When officers suspect someone of drunk driving, they’ll direct them to pull over for a field sobriety and/or breathalyzer test. If the officer determines after a DUI investigation that the driver is under the influence of drugs or alcohol, they will make an arrest.

Times When Law Enforcement Officers Can Lawfully Stop Motorists

How are DUI checkpoints legal if everyone has constitutional rights against unreasonable searches? To make sure motorists throughout the community are driving safely, police officers have the right to conduct a traffic stop in the following scenarios.

When Drivers Violate Traffic Laws

If a police officer witnesses a traffic violation or suspects that a crime has occurred, state law grants them the right to pull the driver over. This may result in a further investigation to establish probable cause for an arrest, or simply the issuance of either a warning or a ticket. Unlike at a sobriety checkpoint when all drivers receive the same interaction with police, a routine traffic stop singles out motorists that violate traffic laws, such as:

Driving over the speed limit
Driving recklessly
Going past a stop sign or red light without stopping
Weaving outside of your lane
Weaving inside of your lane
Driving at night or at dusk with your headlights off
Not turning as nearly to the curb lane as practicable
Driving too slowly

When Officers Have Probable Cause

Say a law enforcement officer notices a car swerving rather than driving in a straight line. To keep other motorists and pedestrians safe, they pull the swerving driver over with the reasonable suspicion that the driver may be under the influence of drugs or alcohol. The officer may then screen drivers during a traffic stop to further investigate if there is probable cause to make an arrest.

When screening folks suspected of DUI, police may conduct field sobriety tests. The federal constitution protects citizens from an unlawful search, though warrant searches may not be necessary when law enforcement officers have probable cause. For example, if an officer suspects you of driving under the influence and pulls you over to see an open liquor bottle beside you, they can search the rest of the vehicle without it being considered illegal.

When the Police Department Oversees Sobriety Checkpoints

If you notice a DUI checkpoint in your path, law enforcement agencies can lawfully stop you and ask for your driver’s license and registration. Sobriety checkpoints are legal when supervising law enforcement officials comply with state and federal law rather than following their own rules without judicial approval. If you believe an officer is overly intrusive during a DUI checkpoint, you can consult an Arizona criminal defense attorney to determine which aspects of DUI checkpoints are legal.

Are DUI Checkpoints Legal in Every State?

DUI checkpoints are legal in Arizona as long as supervising law enforcement officials comply with state statutes. No matter where you reside, it’s crucial to understand local laws regarding sobriety checkpoints and what the United States Constitution includes regarding the legality of DUI checkpoints. Below is a breakdown of criteria that officers must meet at the state and federal level before setting up a sobriety checkpoint.

DUI Checkpoints Don’t Violate Federal Law

How are DUI checkpoints legal if you know you aren’t breaking the law and the Fourth Amendment protects you from unreasonable seizures and searches? While police do conduct a temporary detention of your vehicle during a DUI checkpoint, a Supreme Court ruling found that this activity doesn’t violate an individual’s Fourth Amendment right.

In the case of Michigan Department of State Police v. Sitz, the Supreme Court ruled that sobriety checkpoints are lawful because the act of keeping all motorists safe from drunk drivers outweighs the minor inconvenience of stopping motorists. An experienced Arizona DUI attorney can look closely at the legality of DUI checkpoints in any given circumstance to ensure that it wasn’t set up in violation of federal or state law.

Keep in mind that how officers act at a DUI checkpoint could lead to a violation of your constitutional rights. For example, if an officer determines they must search your vehicle without a reasonable explanation, you could have a solid case surrounding warrant searches and whether the officer acted unlawfully.

State Constitution Laws Vary

Are DUI checkpoints legal in certain states but not in others? The vast majority of states, including Arizona, allow DUI checkpoints and give police the statutory authority to screen motorists at temporary roadblocks. However, the state constitution may prohibit sobriety checkpoints, which is the case in states like Oregon, Michigan, and Washington.

Once a police department has the state authority to oversee a DUI checkpoint, they must execute the following steps to comply with Arizona’s state constitution:

Notifying the public: The community must receive advance notice of when and where a DUI checkpoint will take place.
Marking the DUI checkpoint: Temporary roadblocks and signs need to indicate that drivers are about to enter a checkpoint area.
Creating a plan for stopping motorists: Officers must have a reasonable tool for stopping drivers. One example of this might be something like screening every fifth or tenth driver.

Understand Your Rights at a DUI Checkpoint

Depending on the plan that officers have in place, you might be able to pass through a DUI checkpoint. However, if law enforcement stops you, you must comply and provide your license and registration. Understanding your legal rights at this traffic stop can prevent you from incriminating yourself and avoiding possible DUI charges.

You Can Stay Silent

Police typically read people their Miranda rights when making an arrest, but even if you don’t hear a verbal Miranda warning during a DUI checkpoint, remember that you have the right to remain silent during all questioning. Cops will generally ask you simple questions during sobriety checkpoints, such as where you’re coming from. These screening questions help them look for probable signs of intoxication, though you should politely refuse to answer any questions.

Even offering what may seem like a small detail, such as a medication you take, may seem innocent to you but could end up incriminating yourself. If an officer pushes the subject, reinforce your right to remain silent and tell them you’re choosing to lawfully not answer their questions.

Law Enforcement Officials Cannot Unreasonably Search Your Vehicle

Officers may ask to search your vehicle but without probable cause, you can refuse to comply. Seeing evidence in plain sight, such as an open liquor bottle in the backseat, provides enough probable cause to search the vehicle. However, if the officer only has a hunch that you’re an impaired driver, they can’t rummage through your property.

You Can Refuse Field Sobriety Tests

According to Arizona law, a person is legally supposed to submit to field sobriety tests. However, law enforcement officers cannot and will not force you to conduct the tests. If you do not submit to the tests, there are no consequences. If you do submit to the tests, however, they will certainly be used against you no matter the result.

Should you refuse all sobriety tests at the DUI checkpoint, officers may bring you to the station for a custodial interrogation and breathalyzer or chemical tests that gauge your blood alcohol concentration. State law requires motorists to comply with chemical tests while in police custody; otherwise, drivers face an automatic suspension of their license for at least 12 months. This evidence can also work against you in a potential DUI trial.

What Happens If a DUI Checkpoint Leads to an Arrest

Not only are DUI checkpoints legal, but in some cases, they can lead to an arrest and drunk driving charges. Prosecutors will try to convict you of driving while under the influence, which can come with consequences like:

Fines
Mandated community service
Jail time
Loss of driving privileges

A knowledgeable DUI lawyer can review all aspects of your case and fight on your behalf in court. They may find that officers acted unlawfully before arresting you or checkpoint procedures didn’t comply with state law. No matter what evidence surrounds your case, an experienced criminal defense lawyer will do everything in their power to avoid your conviction.

Consult a Seasoned Criminal Defense Attorney for a DUI Arrest

Are DUI checkpoints legal? When are police searches of your car lawful and when do they go against your Fourth Amendment right? Experienced DUI lawyer Steven Scharboneau can answer these questions and more.

Reach out to Steven George Law if you’re facing DUI charges in Arizona and need a credible DUI defense attorney advocating for you. Call (480) 363-0090 to schedule your free case consultation. When you hire Steven George Law to defend you, your defense becomes our priority!

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Are DUI Checkpoints Legal in Arizona? What You Need to Know