In New Jersey, police officers take many different courses of action to prevent drunk driving car accidents. One of the ways that officers attempt to catch drunk drivers is by setting up sobriety checkpoints at preapproved locations and times. Many people wonder whether they legally have to comply with officers during these stops. To find out more about your rights during a DUI checkpoint, read this blog or reach out to a Mercer County DUI Lawyer today for quality legal counseling.

Are DUI Checkpoints Legal in New Jersey?

Yes, it is legal in New Jersey and most other states for police officers to perform DUI checkpoints. Normally, the officer stops each driver, asks if they’ve been drinking, and lets them on their way if they say no or if the officer doesn’t suspect anything. If the officer suspects an intoxicated driver, they might ask the driver to take a breathalyzer or participate in field sobriety tests. 

Why DUI Checkpoints Do Not Violate the Fourth Amendment

While the 4th Amendment prevents police from searching vehicles without reasonable cause, the Supreme Court has ruled DUI checkpoints legal because the need to prevent drunk driving outweighs the inconvenience to drivers. It is completely legal for police officers to perform sobriety checkpoints, so long as they follow the strict procedures implemented by New Jersey law. 

What Happens at a DUI Checkpoint?

Generally, when the police have a DUI checkpoint set up:

  • Officers will stop vehicles in a predetermined pattern
  • Drivers will be briefly questioned
  • You may be required to provide your license and registration
  • Officers will look for signs of intoxication

What Do Police Look For at a DUI Checkpoint?

During a stop at a DUI checkpoint in Mercer County, the police will look for signs of intoxication. This includes:

  • Slurred speech
  • Confusion 
  • Delayed responses
  • Unusual or erratic behavior
  • Open containers of alcohol or drug paraphernalia
  • The smell of drugs or alcohol
  • Bloodshot eyes

What Are My Legal Rights During a DUI Checkpoint?

It’s important to understand that, though these checkpoints are considered legal in New Jersey, you also have rights. As such, familiarizing yourself with your rights is critical to protecting yourself. 

Your Right to Avoid a DUI Checkpoint

Some people wonder if they can avoid the DUI checkpoint by turning around. You’re allowed to do a legal U-turn or another turn to avoid the checkpoint as long as you don’t break any traffic laws while doing so. However, turning around too close to the checkpoint might raise the suspicion of the officer manning the checkpoint. So even if you change directions to avoid speaking to the officer, they might stop you anyway if they believe you to be suspicious.

Your Right to Remain Silent

You also have the right to avoid answering questions when the officer stops you under the Fifth Amendment of the Constitution. As such, at a DUI checkpoint, you do not have to answer any investigative questions, but you are legally required to provide your identification, like your license and registration, when asked by a police officer. It’s imperative to understand that silence typically cannot be used as evidence of guilt, so refraining from answering questions is critical. However, you should remain polite when interacting with the officer. 

Do I Have to Submit to a Field Sobriety Test?

In New Jersey, the police have the right to request a field sobriety test. This is a series of physical examinations that test things like your balance and ability to follow directions. Participation is completely voluntary, and, unlike refusing a chemical test, you cannot face consequences for refusing to participate. 

Because field sobriety tests can be subjective as they are based on an officer’s observations, it’s in your best interest to politely decline to participate in the test. 

Rules the Police Must Follow When Conducting DUI Checkpoints

It’s important to understand that the police must adhere to strict rules when conducting a DUI checkpoint in Mercer County. Most importantly, these must be pre-approved by supervisors in the police department, and the location of the stop cannot be random. In addition, the checkpoint:

  • Must cause minimal delays for motorists
  • Have visible signage and lights
  • Have a neutral stopping pattern
  • Cannot be individualized

Contact Our Mercer County Criminal Defense Team Today

In the event you are arrested at a DUI checkpoint in New Jersey, it’s in your best interest to invoke your right to remain silent and request the assistance of an experienced criminal defense attorney with the Law Office of Douglas Herring. Our firm understands the impact that a DUI offense can have on your life, which is why we are committed to helping you through these difficult times. Connect with our firm today to learn more.