What procedures do cops follow at a DUI checkpoint?
If you're out driving and you happen to come across a checkpoint, what can you expect from them? Do they typically just shine a light in your eyes and talk to you a bit to see if you're visibly intoxicated, and then send you on your way? Is it true that there's a sensor in their flashlights that can...
If you're out driving and you happen to come across a checkpoint, what can you expect from them? Do they typically just shine a light in your eyes and talk to you a bit to see if you're visibly intoxicated, and then send you on your way? Is it true that there's a sensor in their flashlights that can detect traces of alcohol (if so, how sensitive and accurate is it)? Do they randomly select drivers to get out and dance a jig and give a breathalyzer? Do they also normally use a checkpoint as an opportunity to bring around a drug sniffing dog as well as check all cars for equipment violations, or do they just focus on catching the drunks?
The main focus is to catch drunk drivers. Prior to an actual sobriety check point there will be a briefing for everyone involved and a written op plan is handed out. The Op Plan covers all the procedures for how the check point will run, what radio channel will be used, tow truck companies to be used, etc. The written plan is required by law and I always save a copy of the plan for court.
A sobriety check point will mandate that every car will be stopped that comes through (this may be changed if traffic gets to backed up and causes a safety problem). When a driver pulls up the Officer will ask to see their license and registration, and engage them in a brief conversation. If the Officer believes the driver is intoxicated (i.e. odor of alcohol on the breath, slurred speech, blood shot eyes, etc.) the Officer will have the driver step out of the car and another Officer will pull the subject’s car to the side of the road. The Officer will then conduct field sobriety and if they form the opinion the driver is impaired they will arrest them and take them to a breath test. In North Carolina we have the BAT Mobiles (large buses with Intoximters on board) there the breath test is conducted and a magistrate is on cite to process the arrest.
The main focus is DUI/DWI violations, however, if the Officer observes other violations (i.e. expired registrations, open containers, no operator license violations) they can act on them.
There are flashlights with a sensor built in to them to detect alcohol but I have never worked with one.
There is usually a drug dog (or two or three) at the check points I work but I work in a large county for a State Agency. Not every place will have K-9s. If the Officer has a suspicion drugs are in the car the dog may walk around the car. There is no expection of privacy outside a vehicle. Not every vehicle is done this way. In fact the vast majority are only detained for a few seconds and do not have a dog anywhere near them……..that would take way to long, back up traffic, and the court would probably throw your case out and determine you are conducting a Drug Check Point (which is Unconstitutional). If drugs are seen or the Officer smells drugs coming from inside the vehicle then that goes into the realm of Probable Cause and it doesn’t matter what the driver wants at that point. See Carroll v. United States.
I think that about covers it.
EDIT:
There is always some sort of evidence of driving drunk. Even a refusal to take a test is looked at as evidence. Throw in slurred speech, odor of alcohol, blood shot eyes, poor coordination……..not to mention the various things drunk people seem to do (i.e. peeing themselves, trying to pick fights, making idiotic comments, being unable to remember the answers to questions and asking the same question over and over, etc.). Just because you refuse to take a test does not mean you are home free. It is very bad advice to tell people to never take a test. That is something they need to decide for themselves. if they refuse a breath test and are convicted of DWI they will be unable to apply for a limited driving privelege to help them get to work. Not to mention the fact that they may pass the thing and avoid a DWI charge, while if they refuse they are going to get charged for sure……….I can’t stand jailhouse lawyers.
There primary interest is the offence of Drink Impaired Driving and if you are stopped at a checkpoint which may be in a one-way system as you are committed to passing them they’ll stick thier head at your window to smell for excess alcohol which may waft from the vehicle as your DUI & heaters on and closed air environment is detectable. As soon as you state you’ve had a drop of alcohol he legally has the right to obtain a specimen of breath. A reading in excess of 35 per 100ml of breath will result in initial arrest for offence of DUI of alcohol or drugs. (driving under influence of drugs & other equally offending behaviours will also be a fair cop). Then you get taken to the Police station for two further breath readings to confirm on machine & then its a fair cop & your in the cells matey. Or in the alternative free to go. On prosecution you face an automatic ban for one year minimum. Its also likely you will get a Community Order with Drink Impaired drivers Programme which means attending 14 week x 2or 3 hour programme adressing offending behaviour, drinking by units of alcohol & developing alternative coping strategies to reduce risk of re-offending behaviour. You may also get from 40 hours of unpaid work requirement. Your ability to not drive for a year may affect your emplyability. So there you have it. If at the road side stop you tell the Officer that you have not had a drink this evening then he should have another good reason to breathalise you aparently (ref an exp. ex cop avoided breathaliser by stating not had a drink – knowledge is power!).
Depends on State too. Here in Ohio, they almost always do a random count. Unless you just look plastered, they wont even really get all that close to the car, but just wave you by. Then they hit the motorist in the random count.
As vehicles enter the zones, they will either be stopped by one of the checkpoint operators or they will be signaled to proceed through the zone. The conditions existing within the zone and the traffic volume will dictate which vehicles will be stopped. If the checkpoint supervisor determines that stopping every third vehicle will enhance the safe operation of the check and minimize the delay for motorists, he will maintain that vehicle stop frequency until conditions or volume dictate otherwise. This procedure allows police to meet the court requirement that the pattern of stops be uniformly random. The drivers of the vehicles are randomly stopped and observed for what the courts call "articulable signs of alcohol impairment." If the drivers exhibit none of the physical symptoms of alcohol or drug influence, they are passed through the zone with a minimum of delay. Those that do appear to be adversely affected by alcohol or drugs are taken from the checkpoint to a secured screening area.
Here in the United States you can always plead the 5th amendment …………Drunk or Sober
Remember It’s the states responsibility to prove there accusations against a defendant to be "beyond a reasonable doubt" to a jury.
Typically a drunk will either fight and or dance there way through the "test".
Ultimately the only evidence the officer can receive is what you choose to give them.
So basically, no test , no blood , no breathalyzer , no evidence = No DUI
However you may still lose your license for 6 months to a year for not consenting to the tests.
But If you get a DUI you will loose your license anyway, have a hefty fine, and your insurance rates will go up .
Wagering out the decision weather to take the test or knot is much easier to decide when your not intoxicated though