Imagine an emergency where a family member needs to be rushed to the hospital in a remote area while the only person who can drive at home has had a few drinks? Will you avoid doing the needful just because the person in question is under the influence? Of course, no! How to find out where DUI Checkpoints are?Īs much as folks would want to avoid driving while being under the influence of substances, sometimes it may simply be unavoidable. People arrested at a checkpoint for a first-time DUI offense are sometimes released on their own recognizance (OR), but in other cases, a bail bond is required to be released from jail before the trial. Well, the answer is NO ‘Sobriety Checkpoints’ and ‘DUI Checkpoints’ are pretty much the same, with both having the same set of objectives from a law enforcement standpoint, which is to check drivers who may be driving while being under the influence of substances and thus, not “sober” enough to be driving in the first place. People often get confused over ‘ Sobriety Checkpoints’ are they different from ‘ DUI Checkpoints’? Such DUI checkpoints mainly manifest themselves during holidays such as the Memorial Day Weekend, Christmas, New Year, Cinco de Mayo, and so on when people are more likely to let down their guard and drive while being in a state where they really shouldn’t be going. Garza is a seasoned attorney who knows the Tennessee roadblock guidelines and procedures, and he can help determine if the roadblock you were subject to was conducted lawfully.Ĭall (888) 680-7554 to set up a free case consultation.DUI or Driving Under Influence Checkpoints are checkpoints set up by law enforcement authorities to (usually randomly) check for folks who are maybe driving while being under the influence of substances such as alcohol or drugs, among others. If you have been charged with DUI as a result of a roadblock in the state of Tennessee, call Marcos Garza at the Garza Law Firm today. Again, you are protected by the Constitution against self-incrimination-you do not have to answer any questions, although you do have to comply with a law enforcement officer’s commands. It’s important to understand that in the course of a DUI checkpoint, the officer will scrutinize your every move, looking for reason to suspect you of DUI. Consult With An Attorney And Ensure Your Rights Are Not Infringed You still have the right to refuse the test, although there are repercussions for refusing to submit to testing if the implied consent law is invoked. In that case, the officer must inform you of the implied consent law. This also means that you are not required to perform ANY roadside sobriety tests, nor are you required to submit to a chemical test, unless the officer has reasonable cause to believe you are under the influence. However, we recommend that you conduct yourself in a polite and respectful manner at anytime you come into contact with a law enforcement officer.Īlthough you must comply with directives from a police officer-such as pulling your vehicle over or to provide identification and proof of insurance-you may never be compelled to incriminate yourself. You should know that you are not required to answer these questions. The officer also might ask you questions pertaining to where you were going, where you have been or whether you’ve been drinking. An officer will then approach your vehicle and ask for your driver’s license, proof of insurance and vehicle registration. If you are driving and come across a DUI checkpoint, you may be signaled to pull over. The Supreme Court ruled that each state must determine procedures and guidelines by which public safety checkpoints and DUI roadblocks should be conducted. However, this does not mean that law enforcement officers have no rules to abide by when conducting DUI checkpoints. However, a 1990 Supreme Court ruling states that drunk-driving checkpoints are, in fact, constitutional, as they are designed to increase public safety and deter drunk-driving incidents. Based on this, one might think that a random roadblock or DUI checkpoint would be unconstitutional. Constitution provides that a law enforcement officer must have reasonable suspicion that a driver has committed, or was about to commit, a criminal offense before stopping their vehicle or compelling them to pull over.
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