Be Smart When Navigating a DUI Checkpoint KNOW YOUR RIGHTS! No driver heading home from a late-night social event likes to see the flashing lights of a police barricade ahead, checking motorists for drunkenness. Sobriety checkpoints are legal in New Jersey and 37 other states, however, and they can be intimidating if you don’t know your rights. DUI checkpoints, also called sobriety checkpoints, are often held on busy streets near entertainment districts during holiday and weekend nights. Research has linked these checkpoints to reduced alcohol-related crashes on the highway. Drivers have a right to advance notice of a checkpoint, such as warning signs and lighting. Police are required to stop cars based only on specific criteria — such as intercepting every third car — rather than picking drivers based on their appearance. Officers also must follow the correct procedures when questioning drivers, or any evidence they collect may be thrown out. Drivers are legally required to show their license and vehicle registration, but they are not legally required to answer questions such as “Where have you been?” or “Have you been drinking?” If police see a driver with slurred speech, bloodshot or glassy eyes, or a smell of alcohol on their breath or in their car, they will ask them to pull into a separate area for a field sobriety test. Drivers aren’t required to submit to field sobriety tests. But if you refuse, be polite! If you’re rude, the officer is more likely to hit you with every possible charge. Drivers also have the right to refuse a vehicle search — unless the officer has probable cause or reason to believe they will find evidence of a crime. Under the state’s “implied consent” laws, drivers are obligated to submit to breath, blood, or urine tests for alcohol. You aren’t required to take a Breathalyzer at a checkpoint, but if you are arrested on suspicion of DUI, you are legally required to submit to these tests at the police station. If you refuse, your license could be suspended for a year. The laws governing sobriety checkpoints are complex. Retaining an experienced New Jersey DUI lawyer is essential if you are hit by charges after a checkpoint stop. If you have questions or concerns, contact our office today. We will be happy to work with you to protect your rights!
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