Because of an increase in alcohol consumption and traffic, drunk driving accidents tend to spike around the holiday season. Police officers and other law enforcement agencies utilize several tools to prevent intoxicated driving during the holidays, including DUI checkpoints. If you were arrested for driving under the influence of alcohol or drugs you must work with an experienced attorney. Contact a Memphis DUI defense lawyer to learn more about your legal options.
What is a DUI Checkpoint?
A DUI checkpoint is an area of the road that law enforcement blocks off temporarily as a way to discourage and identify drunk driving. Police will designate one or more checkpoints where they will stop cars in a specific order, such as every 10th vehicle that passes. The purpose of the stop is to check for signs of intoxication and remove drunk drivers from the road before they cause an accident.
Are DUI Checkpoints Often Used During Holidays?
You may have noticed a few DUI checkpoints over the holiday season, especially on the night of Christmas Eve or New Year’s Eve. Sober checkpoints, as they are also referred to, are a helpful tool for law enforcement and are utilized at their discretion but mainly on days of significance or high traffic.
Alcohol consumption increases around the holiday season, particularly on New Year’s Eve which is widely regarded as the number one day for alcohol purchasing and consumption of the entire year. DUI checkpoints are often established in the days leading up to a holiday to deter people from getting behind the wheel while intoxicated.
What Happens During a Stop?
A DUI checkpoint operates similarly to a routine traffic stop. The officer who pulls you over will request to see your driver’s license, vehicle registration, and proof of insurance. You are required by law to present these documents when requested by the police. They will likely run your information to check if there is a warrant out for your arrest or any issues associated with you or your vehicle.
The officer will also use their senses and observations to determine whether or not you may be intoxicated. They will check if there is a smell of alcohol or drugs coming off of your breath or person, if you seem drowsy, if you are slurring your words, etc.
The officer will also likely ask you a few questions such as “Where are you headed tonight?” “Where are you coming from?” or “Have you had anything to drink?” You do not legally have to answer any questions as you have the right to remain silent. However, the officer may conduct field sobriety tests or a breathalyzer to determine if you are intoxicated.
Understanding your rights and responsibilities while on public roads is crucial for any driver. If you are facing legal trouble for intoxicated driving, reach out to a skilled attorney at Ballin, Ballin & Fishman, PC today to set up your consultation.
