How Will DUI Checkpoint Laws Affect You?

Driving under the influence (DUI) laws is strictly enforced throughout the Commonwealth of Virginia. It is no secret that impaired driving leads to a significant amount of roadway fatalities throughout our area each year. One way that law enforcement officers enforce laws against driving while impaired is through the use of sobriety checkpoints. At Randall, Page & Bruch, P.C., we understand that there is plenty of confusion surrounding the legality of DUI checkpoints. Our Virginia DUI attorneys have experience helping clients in Courtland, Suffolk, Emporia, Lawrenceville, and the surrounding areas, and we want to discuss DUI checkpoints with you today.

The rules for DUI checkpoints in Virginia

In the Commonwealth of Virginia, it is illegal for a person to drive if they have a blood alcohol content (BAC) level of .08% or higher. One of the methods that law enforcement officials may employ to enforce DUI laws is to use sobriety checkpoints. Commonly known as roadblocks, these checkpoints allow police officers to stop drivers and look for signs of intoxication or impairment.

DUI checkpoints are legal in the state of Virginia, despite what some people believe. However, law enforcement officials must follow a detailed set of rules that govern the proper use of these checkpoints. These rules are in place to protect your constitutional rights. If law enforcement officials violate these rules, and you are arrested for DUI, it may be possible to get the charges against you dismissed.

Some of the rules that must be followed by police concerning DUI checkpoints include the following:

• Police must publicize the checkpoint in advance – This can be done by posting a notice on a police department website, on local TV stations, or in the newspaper.
• Officers cannot stop every vehicle – There is a mathematical formula that will be used to determine which vehicles to stop. Commonly, this is every fourth vehicle.
• Police can stop vehicles outside of this formula – If a vehicle is not slated to be stopped is weaving or driving erratically, you can be sure the police will stop the vehicle. If the police see somebody actively trying to avoid the checkpoint, such as making a U-turn, they are allowed to stop the vehicle.
• Police cannot require you to submit to a field sobriety test – If you are pulled over at a sobriety checkpoint, a police officer cannot require you to submit to a BAC test unless they have reason to believe that you are impaired or intoxicated. However, if there is probable cause to suspect that you are impaired, it is illegal to refuse to submit to a BAC test under the implied consent laws in Virginia. This could result in your license being suspended.

Call an attorney for a free consultation of your case today

If you or somebody you love has been arrested and charged with DUI at a sobriety checkpoint, your first call should be to an attorney. At Randall, Page & Bruch, P.C., we have a thorough understanding of impaired driving laws in Virginia, and we are ready to help you get through this. Our attorneys will conduct a thorough investigation into the charges against you. We will examine the evidence and take steps to get the charges reduced or dismissed so you can get back to living your life. When you need a Virginia DUI attorney, we are standing by to help residents in the areas of Courtland, Suffolk, Emporia, and Lawrenceville. You can contact us for a free consultation of your case by clicking here or by calling 757-742-6115.