Attorney
DWI checkpoints can pop up anywhere. Most drivers are unaware of what their rights are when they encounter one of these traffic stops, and they don’t know what they should or should not say to the law enforcement officer. In the event you ever come across a DWI checkpoint, do you know what you can and cannot do?
Our goal at Sheffron Law is to empower residents of Hendersonville and Columbus to protect their rights. In the event you are ever ticketed or arrested for a DWI or a related offense, we’re here to defend you in court.
What Police Can Do At Checkpoints
The courts generally permit law enforcement to stop drivers at DWI checkpoints, provided the scope and duration of the stop are limited. Brief stops are allowed, but once the driver’s license and registration are checked the officer should let them leave unless there are signs of intoxication. In other words, police in Hendersonville and Columbus can extend the stop if:
- The driver is slurring their speech
- There is an odor of alcohol or drugs emanating from inside the vehicle
- The driver’s answers are evasive, dishonest, or otherwise suspicious
- The driver appears intoxicated or unable to operate the vehicle
- There is evidence of some other crime
On the other hand, if there are no signs of impairment or that the law is being broken, the police in Hendersonville or Columbus should let the driver proceed with no further delay. Further searching the vehicle or the driver, especially if the search is beyond the scope of the checkpoint (e.g. to check for DWI), may require additional reasonable suspicion or the driver’s consent.
Can I Refuse Breath and Field Sobriety Tests?
Although you can technically refuse to submit to a breathalyzer test, you may face more penalties if you do so. These include an automatic license suspension, enhanced penalties if you are convicted of DWI, and difficulty obtaining limited driving privileges. Also, the prosecution can still use other evidence against you (such as slurred speech).
You can and probably should decline a field sobriety test. The main objective of these tests is to give law enforcement probable cause to arrest you. They are often poorly administered, so if you take the tests anyway and fail them you may be able to challenge them later.
How Should I Handle a DWI Checkpoint?
If you are driving in Hendersonville or Columbus and come across a DWI checkpoint, we recommend that you do the following:
- Do not turn around and leave: You may have done nothing wrong, but trying to evade the checkpoint will look suspicious. It will also give law enforcement the probable cause they need to pull you over.
- Do not admit you’ve been drinking: The officer will probably ask if you have been drinking or where you are coming from. You do not have to answer these questions, so you may politely decline.
- Decline a search of your vehicle: The officer may also request to search your vehicle. You should never consent to a vehicle search, so clearly state that you do not give permission.
- Do not take the field sobriety tests: Remember, field sobriety tests only help police officers obtain evidence against you. The law does not require these and it’s a good idea to decline the request to take them.
- Decide whether to take the breathalyzer test: Don’t forget that your penalties will be harsher if you refuse to take the test and are later convicted of a DWI.
- Leave when you are allowed: Once the officer allows you to leave, do so. If you are unsure, ask the driver if you are free to go.
- Remain polite and respectful at all times: In the event you are asked to step out of the car or placed under arrest, the worst thing you can do is resist. Be polite and respectful, and allow a criminal defense lawyer to assist you.
Our firm serves drivers in Hendersonville and Columbus who have been arrested and charged with DWI and related offenses. We can help you challenge any tests you take and fail (like the breathalyzer and field sobriety tests), contest the state’s evidence against you, and potentially negotiate plea deals and work to dismiss charges. Get started on your defense by calling us or completing our online contact form.