Sobriety checkpoints

4A sobriety checkpoint is used by law enforcement, to evaluate drivers for drug and alcohol impairment. Checkpoints are placed usually at a stop in the road, freeway or on a public road. Once a person is randomly stopped, you will be asked to show your license and registration. Officers will then look for any signs of impairment. If they feel that you are under the influence, they will perform a chemical test.

Officers will look for the following signs of impairment;

The smell or presence alcohol/drugs

Red eyes

Slurred or difficult speech

Fumbling or inconsistent responses to answers

Admission of drug or alcohol use

Detection of alcohol using a chemical test

Your rights, if you are stopped are;

When asked to provide information you are required to provide your name, address, driver’s license and registration.

You do not have to say anything, you can remain silent (remember anything you say can be used against you).

You are not required by law to agree to “Field Sobriety tests”. These are tests that require you to get out of the car and walk in a straight line or touch your nose with your right hand etc.

If requested, you are required to submit to chemical testing of breath, urine or blood. A chemical test could be done in the flow of traffic, at the checkpoint or at a facility close by.

If you are stopped at a sobriety checkpoint and feel that your rights were violated, you should speak to an experienced attorney.