350+ Reviews
5.0 Star Average
What to Expect at a DUI Checkpoint
When approaching a DUI checkpoint, drivers are typically directed to stop in a predetermined manner. Law enforcement officers may stop vehicles based on a specific pattern, such as stopping every third or fourth car, to avoid any claims of discriminatory practices. As a driver, you will be asked to lower your window and provide basic information, such as your driver’s license, vehicle registration, and proof of insurance. During this interaction, officers will be observing your behavior, speech, and physical appearance for signs of impairment, such as the smell of alcohol, slurred speech, or difficulty following instructions. If an officer suspects that you may be under the influence, they may ask you to perform field sobriety tests or submit to a breathalyzer test. It is important to understand that these requests are not mandatory and that you have the right to refuse. However, refusing these tests may result in consequences, including the suspension of your driver’s license in some states, including South Carolina. Officers must have a reasonable suspicion of impairment before requesting these tests, and the refusal to comply can lead to additional scrutiny.
Your Fourth Amendment Rights at DUI Checkpoints
The Fourth Amendment guarantees protection against unreasonable searches and seizures, which plays a significant role in DUI checkpoints. While courts have ruled that these checkpoints do not violate the Fourth Amendment, they must still be conducted within certain limits to ensure drivers’ rights are protected. Law enforcement agencies are required to publicize the location and time of DUI checkpoints in advance to avoid the appearance of arbitrary stops. Additionally, the checkpoint must be conducted in a neutral and non-discriminatory manner, and the process must be overseen by a supervising officer. If a DUI checkpoint fails to meet these legal standards, any evidence obtained from the stop, including field sobriety tests or breathalyzer results, may be challenged in court. As a driver, it is essential to be aware of your rights and to recognize when those rights may have been violated. An experienced attorney can help evaluate whether the checkpoint was conducted legally and whether any evidence against you should be excluded from your case. It is also important to note that law enforcement cannot detain drivers indefinitely at a DUI checkpoint. The stop should be brief and focused on determining whether the driver is impaired. If officers lack reasonable suspicion of impairment, they must allow the driver to continue without further delay. Unnecessarily prolonged stops may be considered unconstitutional, and any subsequent arrest or evidence obtained may be subject to legal challenge."He has an innate ability to convey to clients what really matters in their cases."
"John Bateman is my absolute go to peer in the legal field when it comes to questions about DUI. . . . He has an innate ability to convey to clients what really matters in their cases. As a fellow attorney, I highly recommend John to anyone in the SC or NC areas who are looking for... legal representation when facing a DUI charge."
M. Brock
"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"
"John is an excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State, and also the same training as the people who are the instructors of the police officer training courses on field sobriety tests. He is very passionate about DUI's and I recommend him often to people who are facing serious charges in the upstate area."
P. Hammond
"He cares for each of his clients and works extremely hard to achieve results."
"Very knowledgeable and thorough in his preparation and representation of his clients. He cares for each of his clients and works extremely hard to achieve results. I highly recommend this lawyer."
C. Grubbs
Field Sobriety and Breathalyzer Tests
One of the most common outcomes of a DUI checkpoint stop is the request to perform field sobriety tests or submit to a breathalyzer test. These tests are used to determine whether a driver is impaired and to gather evidence for a potential DUI charge. However, drivers have the right to refuse these tests, although doing so may result in legal consequences. Field sobriety tests typically involve physical tasks such as walking in a straight line, standing on one leg, or following an object with your eyes. These tests are designed to assess a driver’s coordination and ability to follow instructions, but they are not always reliable indicators of impairment. Factors such as nervousness, fatigue, or medical conditions can affect a person’s performance on these tests, even if they are not impaired by alcohol or drugs. If you are asked to perform these tests, you have the right to politely decline. Breathalyzer tests, which measure the amount of alcohol in a person’s breath, are often seen as more reliable than field sobriety tests. However, these tests are not foolproof and can produce inaccurate results due to factors such as calibration errors or residual alcohol in the mouth. In South Carolina, refusing a breathalyzer test can result in an automatic suspension of your driver’s license under the state’s implied consent law. This law assumes that by driving, you have consented to submit to chemical tests if lawfully arrested for suspicion of DUI. While refusal of the test can have immediate consequences, it can also limit the amount of evidence available to law enforcement and may work in your favor if your case goes to court. If you refuse a breathalyzer test, officers may seek a warrant for a blood test, which is more invasive but also more accurate. A blood test measures the alcohol or drug content in your bloodstream and can provide more definitive evidence of impairment. However, obtaining a warrant takes time, and during that time, your body may metabolize the alcohol or drugs, potentially leading to lower levels being detected.Related Videos
Refusing Field Sobriety Tests
Choosing a DUI Attorney