DUI checkpoints, also known as state sobriety checkpoints are approved by Utah law. Law enforcement has the authority to set up checkpoints at intersections or high traffic areas to screen for drunk drivers. Drivers who come through the checkpoints will likely have to show their license and registration. If a driver displays inhibited behavior, he or she will be asked to submit to a field sobriety test. Know your rights regarding DUI checkpoints.
Refusal to submit to a sobriety test will be viewed as an admission of guilt under the state’s implied consent law. The driver will likely have his or her license revoked and will be arrested.
Are DUI Checkpoints Legal?
According to the state law of Utah, checkpoints are legal. However, police still have to follow a strict protocol when screening drivers at checkpoints. Typically, the following will take place at a DUI checkpoint:
- DUI checkpoints are more likely to be set up at night, or on weekends, when drivers are more likely to be drinking and driving.
- DUI checkpoints will be set up where they are visible and where drivers can see the traffic stops.
- Police officers are trained to look for certain things, such as slurred speech, bloodshot eyes or open containers in the vehicle. If police detect any of these things, they will question the driver further.
- If any signs of alcohol are detected, the police will administer sobriety tests as deemed necessary.
Sobriety checkpoints can leave room for error and fault on the part of law enforcement. Whether a driver is tested or not is based on the opinion or perception of a police officer. Imagine a driver coming to a checkpoint, refusing a Breathalyzer because he or she had not been drinking and yet still being arrested because of implied consent. As you can see, there may be issues with DUI checkpoints.
Technically, checkpoints are legal. However, errors are always a possibility. An attorney can examine all the evidence from the arrest to see if errors were committed. If so, there may be grounds for dismissing your case.
To Get More Answers, Call An Attorney
One of the many benefits to having an attorney is the peace of mind that comes from knowing you have an experienced and qualified attorney working on your behalf. If you want to give yourself the best chance possible, you need a DUI attorney to examine your charges. Do you have concerns about your arrest as you are facing DUI charges? DUI cases are time sensitive, so do not delay. Get the help to which you are entitled or risk paying higher fines and penalties.