Safe Holiday Driving: Avoiding DUI This Thanksgiving
Thanksgiving weekend is the most traveled American holiday of the year, and it’s also the most dangerous time to be on the road. Statistics show that Thanksgiving has a higher risk of DUI fatalities than other holidays. As a result, the Pennsylvania police departments work tirelessly to find out and stop drunk drivers by increasing enforcement efforts.
When conducted properly, these checkpoints are legal in Pennsylvania (PA). So, let’s take a closer look at what makes them viable, what happens at them, and what your rights are if you’re stopped at a DUI checkpoint. We also discuss how a Pittsburgh DUI Attorney can help if you get charged.
Official DUI Checkpoint Requirements
The police need to adhere to specific requirements to ensure a DUI checkpoint is completely legal. These sanctions were created to guarantee minimal intrusion into a person’s justifiable privacy expectations. If the case goes to court, violating any of these sanctions provides your Pittsburgh DUI Attorney leverage.
5 requirements must be present at every DUI checkpoint in PA:
- The stop must be short without a physical search.
- There must be adequate warning of the checkpoint.
- To conduct a checkpoint, the decision must have prior approval from the administration.
- The place and time for the checkpoint must rely on local experience relating to when and where drunk drivers are likely to be driving.
- The decision to stop vehicles must not be left to the police’s discretion. It must be administratively established by objective, random, and pre-fixed standards.
What Occurs at a DUI Checkpoint?
You must open your window when speaking with the law enforcement officer at the DUI checkpoint in PA. You will be asked to provide your driver’s license, insurance information, and registration. You must comply with these requests. The office might ask if you have been drinking. If you answer yes, or if the officer detects the scent of alcohol, you might be asked to perform field sobriety tests. You might need the service of a Pittsburgh DUI Attorney.
Protecting Your Rights at a DUI Checkpoint
Yes, you have rights if you’re stopped at a DUI checkpoint, which include:
Lawfully avoid a DUI checkpoint
As long as you’re operating your vehicle normally and making a legal driving move, you can make a legal U-turn under PA law. You can also turn off onto a side road. You can only be stopped if the officer has a proper justification for stopping you. These reasons can include erratic driving or a broken taillight. Officers cannot chase after you for merely avoiding a checkpoint.
Decline answering extra questions
You can answer questions about your address, name, license, insurance, and registration. Any other questions beyond these are not to be entertained. If you’re asked extra questions, such as what you’ve been doing or where you’ve been, you’re under no legal obligation to answer. You have the legal right to politely decline. Additionally, don’t volunteer information. If you do so, you might carelessly incriminate yourself.
Decline sobriety tests
You’re not required to submit to a preliminary breath test or a field sobriety test at a PA DUI checkpoint. However, you don’t have similar rights if you get arrested on suspicion of a DUI and taken into police custody. If you refuse to submit to any testing (urine, blood, or breath) at this point, it will result in driver’s license suspension for 12 months in PA, with or without a DUI conviction. The officer is duty-bound to inform you about the license suspension if you insist on refusing the test.
Stay Safe
It can be devastating to be stopped and arrested at DUI checkpoints. To be on the safer side, have a designated driver if you’re going to drink any alcohol, and buckle up when on the road.
If you find yourself facing charges, you are going to need an experienced legal team like Logue Law Group. Our Pittsburgh DUI Attorney will ensure whether the checkpoint was legally conducted, and if your rights were sustained. If you do get pulled over, call our Pittsburgh Criminal Lawyer at the toll-free number 844.PITT.DUI to talk about your options. You can also email us at sean@seanloguelaw.com.